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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.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/10-4-1
(65 ILCS 5/10-4-1) (from Ch. 24, par. 10-4-1)
Sec. 10-4-1.
The corporate authorities of any municipality may provide by
ordinance in regard to the relation between all municipal officers and
employees in respect to each other, the municipality, and the people.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/10-4-2
(65 ILCS 5/10-4-2) (from Ch. 24, par. 10-4-2)
Sec. 10-4-2. Group insurance.
(a) The corporate authorities of any municipality may arrange
to provide, for the benefit of employees of the municipality, group life,
health, accident, hospital, and medical insurance, or any one or any
combination of those types of insurance, and may arrange to provide that
insurance for the benefit of the spouses or dependents of those employees.
The insurance may include provision for employees or other insured persons
who rely on treatment by prayer or spiritual means alone for healing in
accordance with the tenets and practice of a well recognized religious
denomination. The corporate authorities may provide for payment by the
municipality of a portion of the premium or charge for the insurance with
the employee paying the balance of the premium or charge. If the corporate
authorities undertake a plan under which the municipality pays a portion of
the premium or charge, the corporate authorities shall provide for
withholding and deducting from the compensation of those municipal
employees who consent to join the plan the balance of the premium or charge
for the insurance.
(b) If the corporate authorities do not provide for a plan under which
the municipality pays a portion of the premium or charge for a group
insurance plan, the corporate authorities may provide for withholding
and deducting from the compensation of those employees who consent thereto
the premium or charge for any group life, health, accident, hospital, and
medical insurance.
(c) The corporate authorities may exercise the powers granted in this
Section only if the kinds of group insurance are obtained from an
insurance company authorized to do business
in the State of Illinois,
or are obtained through an
intergovernmental joint self-insurance pool as authorized under the
Intergovernmental Cooperation Act.
The
corporate authorities may enact an ordinance prescribing the method of
operation of the insurance program.
(d) If a municipality, including a home rule municipality, is a
self-insurer for purposes of providing health insurance coverage for its
employees, the insurance coverage shall include screening by low-dose
mammography for all women 35 years of age or older for the presence of
occult breast cancer unless the municipality elects to provide mammograms
itself under Section 10-4-2.1. The coverage shall be as follows:
(1) A baseline mammogram for women 35 to 39 years of | |
(2) An annual mammogram for women 40 years of age or
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(3) A mammogram at the age and intervals considered
| | medically necessary by the woman's health care provider for women under 40 years of age and having a family history of breast cancer, prior personal history of breast cancer, positive genetic testing, or other risk factors.
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| (4) For a group policy of accident and health
| | insurance that is amended, delivered, issued, or renewed on or after the effective date of this amendatory Act of the 101st General Assembly, a comprehensive ultrasound screening of an entire breast or breasts if a mammogram demonstrates heterogeneous or dense breast tissue or when medically necessary as determined by a physician licensed to practice medicine in all of its branches.
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| (5) For a group policy of accident and health
| | insurance that is amended, delivered, issued, or renewed on or after the effective date of this amendatory Act of the 101st General Assembly, a diagnostic mammogram when medically necessary, as determined by a physician licensed to practice medicine in all its branches, advanced practice registered nurse, or physician assistant.
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| A policy subject to this subsection shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided; except that this sentence does not apply to coverage of diagnostic mammograms to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to Section 223 of the Internal Revenue Code (26 U.S.C. 223).
For purposes of this subsection:
"Diagnostic
mammogram" means a mammogram obtained using diagnostic mammography.
"Diagnostic
mammography" means a method of screening that is designed to
evaluate an abnormality in a breast, including an abnormality seen
or suspected on a screening mammogram or a subjective or objective
abnormality otherwise detected in the breast.
"Low-dose mammography"
means the x-ray examination of the breast using equipment dedicated
specifically for mammography, including the x-ray tube, filter, compression
device, and image receptor, with an average radiation exposure
delivery of less than one rad per breast for 2 views of an average size breast. The term also includes digital mammography.
(d-5) Coverage as described by subsection (d) shall be provided at no cost to the insured and shall not be applied to an annual or lifetime maximum benefit.
(d-10) When health care services are available through contracted providers and a person does not comply with plan provisions specific to the use of contracted providers, the requirements of subsection (d-5) are not applicable. When a person does not comply with plan provisions specific to the use of contracted providers, plan provisions specific to the use of non-contracted providers must be applied without distinction for coverage required by this Section and shall be at least as favorable as for other radiological examinations covered by the policy or contract.
(d-15) If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include mastectomy coverage, which includes coverage for prosthetic devices or reconstructive surgery incident to the mastectomy. Coverage for breast reconstruction in connection with a mastectomy shall include:
(1) reconstruction of the breast upon which the
| | mastectomy has been performed;
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| (2) surgery and reconstruction of the other breast to
| | produce a symmetrical appearance; and
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| (3) prostheses and treatment for physical
| | complications at all stages of mastectomy, including lymphedemas.
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| Care shall be determined in consultation with the attending physician and the patient. The offered coverage for prosthetic devices and reconstructive surgery shall be subject to the deductible and coinsurance conditions applied to the mastectomy, and all other terms and conditions applicable to other benefits. When a mastectomy is performed and there is no evidence of malignancy then the offered coverage may be limited to the provision of prosthetic devices and reconstructive surgery to within 2 years after the date of the mastectomy. As used in this Section, "mastectomy" means the removal of all or part of the breast for medically necessary reasons, as determined by a licensed physician.
A municipality, including a home rule municipality, that is a self-insurer for purposes of providing health insurance coverage for its employees, may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives (monetary or otherwise) to an attending provider to induce the provider to provide care to an insured in a manner inconsistent with this Section.
(d-20) The
requirement that mammograms be included in health insurance coverage as
provided in subsections (d) through (d-15) is an exclusive power and function of the
State and is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution of home rule municipality
powers. A home rule municipality to which subsections (d) through (d-15) apply must
comply with every provision of those subsections.
(e) Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.
(Source: P.A. 100-863, eff. 8-14-18; 101-580, eff. 1-1-20 .)
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65 ILCS 5/10-4-2.1
(65 ILCS 5/10-4-2.1) (from Ch. 24, par. 10-4-2.1)
Sec. 10-4-2.1.
Mammograms.
A municipality, including a home rule
municipality, that does not provide insurance coverage of mammograms under
Section 10-4-2 shall itself provide or cause to be provided to its
employees mammograms that meet the requirements set forth in that Section.
The requirement that mammograms be provided by municipalities as provided
in this Section is an exclusive power and function of the State and is a
denial and limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution of home rule municipality powers. A home rule
municipality to which this Section applies must comply with every provision
of this Section.
(Source: P.A. 87-780.)
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65 ILCS 5/10-4-2.2
(65 ILCS 5/10-4-2.2)
Sec. 10-4-2.2.
Post-parturition care.
If a municipality,
including a home rule municipality, is a self-insurer for purposes of providing
health insurance coverage for its employees, the coverage shall include
coverage for the post-parturition care benefits required to be covered by a
policy of accident and health insurance under Section 356s of the
Illinois Insurance Code. The requirement that post-parturition care be covered
as provided in this Section is an exclusive power and function of the State and
is a denial and limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution. A home rule municipality to which this Section applies
must comply with every provision of this Section.
(Source: P.A. 89-513, eff. 9-15-96; 90-14, eff. 7-1-97.)
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65 ILCS 5/10-4-2.3 (65 ILCS 5/10-4-2.3) (Text of Section from P.A. 103-84, 103-91, 103-420, 103-445, and 103-535) Sec. 10-4-2.3. Required health benefits. If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and 356z.61 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. The requirement that health benefits be covered as provided in this is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule municipality to which this Section applies must comply with every provision of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23.) (Text of Section from P.A. 103-551) Sec. 10-4-2.3. Required health benefits. If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and 356z.62 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. The requirement that health benefits be covered as provided in this is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule municipality to which this Section applies must comply with every provision of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-551, eff. 8-11-23.) |
65 ILCS 5/10-4-2.5 (65 ILCS 5/10-4-2.5) Sec. 10-4-2.5. Access to obstetrical and gynecological care. The corporate authorities of all municipalities are subject to the provisions of Section 356r of the Illinois Insurance Code. The requirement under this Section that health care benefits provided by municipalities comply with Section 356r of the Illinois Insurance Code is an exclusive power and function of the State and is a denial and limitation of home rule municipality powers under Article VII, Section 6, subsection (h) of the Illinois Constitution. (Source: P.A. 103-718, eff. 7-19-24.) |
65 ILCS 5/10-4-2.8
(65 ILCS 5/10-4-2.8)
Sec. 10-4-2.8.
Managed Care Reform and Patient Rights Act.
The corporate
authorities
of all municipalities are subject to the provisions of the Managed Care Reform
and
Patient Rights Act. The
requirement
under this
Section that health care benefits provided by municipalities comply with the
Managed Care Reform and Patient Rights Act is an exclusive power and function
of
the State
and is a denial and limitation of home rule municipality powers under Article
VII, Section 6, subsection (h) of the Illinois Constitution.
(Source: P.A. 91-617, eff. 1-1-00.)
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65 ILCS 5/10-4-3
(65 ILCS 5/10-4-3) (from Ch. 24, par. 10-4-3)
Sec. 10-4-3.
The corporate authorities of any municipality may withhold and
deduct from the compensation of each of its employees who consents thereto,
a specified amount each pay period for the purchase of United States
Savings Bonds for the benefit of such employee and in such denomination as
may be stated. The account of each employee shall be kept separate. As
often as the individual account of any such employee contains a credit
sufficient to purchase a bond of the denomination stated, the withholding
officer shall arrange for or make such purchase as directed by such
employee, and shall deliver such bond to such employee.
Whenever any employee is separated from municipal service, any sum to
his credit in such withheld compensation funds shall be paid to him or to
his estate on request.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/10-4-4
(65 ILCS 5/10-4-4) (from Ch. 24, par. 10-4-4)
Sec. 10-4-4.
In municipalities of more than 500,000, the corporate
authorities may investigate the enforcement of the municipal ordinances,
rules and regulations, and the action, conduct and efficiency of all
officers, agents and employees of the municipality. In the conduct of
such investigations the corporate authorities may hold public hearings.
Each member of the corporate authorities shall have power to administer
oaths, and the clerk of the municipality, by order of the corporate
authorities, shall issue subpoenas to secure the attendance and
testimony of witnesses and the production of books and papers relevant
to such investigations and to any hearing before the corporate
authorities or any member thereof.
Any circuit court of this state upon application of the
corporate authorities, or any member thereof, may in its
discretion compel the attendance of witnesses, the production of books
and papers, and the giving of testimony before the corporate authorities
or any member thereof, by attachment for contempt or otherwise in the
same manner as the production of evidence may be compelled before the
court.
(Source: P.A. 81-282.)
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65 ILCS 5/10-4-5
(65 ILCS 5/10-4-5) (from Ch. 24, par. 10-4-5)
Sec. 10-4-5.
The corporate authorities of a municipality shall not pass
any ordinance requiring a municipal employee who is under the age of 56 to
retire.
No home rule unit, as defined in Article VII of the Illinois Constitution,
shall have the power to change, alter or amend in any way the provisions
of this Section, and it is declared to be the law in this State, pursuant
to paragraphs (h) and (i) of Section 6 of Article VII of the Constitution,
that the establishment of a mandatory retirement age below the age of 56
for employees of a municipality is an exercise of exclusive State power
which may not be exercised concurrently by a home rule unit.
(Source: P.A. 82-536.)
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65 ILCS 5/10-4-6
(65 ILCS 5/10-4-6) (from Ch. 24, par. 10-4-6)
Sec. 10-4-6.
In municipalities of more than 500,000 population,
applications for examination for and appointment to positions as
firefighters or police shall be made available at various branches of the
public library of the municipality. It is declared to be the law of this
State, pursuant to paragraph (g) of Section 6 of Article VII of the
Illinois Constitution, that this Section is a denial of the power of a home
rule unit to fail to make applications available as required by this Section.
(Source: P.A. 85-1342.)
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65 ILCS 5/10-4-7
(65 ILCS 5/10-4-7) (from Ch. 24, par. 10-4-7)
Sec. 10-4-7.
Persons in fire service.
In any municipality with a
population under 10,000 that is located in a county with a population over
3,000,000 and that maintains a firefighters' pension fund under Article 4
of the Illinois Pension Code, persons who participate in that pension fund
and who have served at any time between July 1, 1976 and July 1, 1978 in
the position of protective inspection officer or administrative assistant
for fire services shall, if the position included firefighting duties, be
entitled to receive service credit in that pension fund for such service,
notwithstanding that such persons may not have held civil service
appointments as firefighters, provided that application is made to the
pension fund by July 1, 1992, and the corresponding employee contributions
are paid, based on the compensation received for such service and the
contribution rates in effect during such service for firefighters in the
pension fund, plus interest thereon at the rate of 6% per year, compounded
annually, from July 1, 1988 to the date of payment.
(Source: P.A. 87-782; 87-847; 87-895.)
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65 ILCS 5/10-4-8
(65 ILCS 5/10-4-8)
Sec. 10-4-8.
Power to deduct wages for debts.
(a) Upon receipt of notice from the comptroller of a county with a
population
of 3,000,000 or more,
the Cook County Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Board of Education, or a
housing authority of a municipality with a population of 500,000 or more
that a debt is due and owing the county, the Cook County Forest Preserve
District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
by an employee of
a municipality with a population of 500,000 or more, the municipality may
withhold, from the compensation of that employee, the amount of the debt that
is due and owing and pay the amount withheld to the county, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority; provided, however
that the amount deducted from any one salary or wage payment shall not exceed
25% of the net amount of the payment.
(b) Before the municipality deducts any amount from any salary or wage of an
employee under this Section, the county, the Cook County Forest Preserve
District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
shall certify that (i) the employee has
been afforded an opportunity for a hearing to dispute the debt that is due and
owing the county, the Cook County Forest Preserve District, the Chicago Park
District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
and (ii) the employee has received notice of a wage deduction order and has
been afforded an opportunity for a hearing to object to the order.
(c) For purposes of this Section:
(1) "Net amount" means the part of the salary or wage | | payment remaining after the deduction of any amounts required by law to be deducted.
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(2) "Debt due and owing" means (i) a specified sum of
| | money owed to the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, the Chicago Board of Education, or the housing authority for services, work, or goods, after the period granted for payment has expired, or (ii) a specified sum of money owed to the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, the Chicago Board of Education, or the housing authority pursuant to a court order or order of an administrative hearing officer after the exhaustion of, or the failure to exhaust, judicial review.
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(d) Nothing in this Section is intended to affect the power of a
municipality to withhold the amount of any debt that is due and owing the
municipality by any of its employees.
(Source: P.A. 92-109, eff. 7-20-01.)
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65 ILCS 5/10-4-10 (65 ILCS 5/10-4-10) Sec. 10-4-10. Compliance with ITAP requirements. A municipality must comply with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois concerning the Illinois Transparency and Accountability Portal (ITAP). A municipality may not submit employment information for the ITAP in a manner that is inconsistent with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule municipalities of powers and functions exercised by the State.
(Source: P.A. 97-744, eff. 1-1-13.) |
65 ILCS 5/10-4-12 (65 ILCS 5/10-4-12) Sec. 10-4-12. Cessation of existing municipal fire departments.
If a city or village with 500 or more residents owns, operates, or maintains any fire department or departments, that city or village may not cease the operation and maintenance of that fire department or those fire departments unless the proposed cessation is first submitted by referendum to the voters of the city or village as provided by Section 15b of the Fire Protection District Act.
(Source: P.A. 98-666, eff. 1-1-15 .) |
65 ILCS 5/Art. 10 Div. 5
(65 ILCS 5/Art. 10 Div. 5 heading)
DIVISION 5.
INSURANCE FOR VOLUNTEER
FIREMEN
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65 ILCS 5/10-5-1
(65 ILCS 5/10-5-1) (from Ch. 24, par. 10-5-1)
Sec. 10-5-1.
Every city, village or incorporated town in this State, which
adopts this Division 5, as hereinafter provided, now having or which may
hereafter have a volunteer fire department or a fire department composed in
part of volunteer firemen, shall procure, in the name and for the benefit
of the volunteer members of such fire department, a policy or policies of
insurance, conditioned as hereinafter provided.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/10-5-2
(65 ILCS 5/10-5-2) (from Ch. 24, par. 10-5-2)
Sec. 10-5-2.
Each such policy of insurance shall provide for the payment to every
volunteer member of such fire department receiving any injury, which injury
was sustained through accidental means and was caused by and arose out of
the duties of such member as a volunteer fireman, causing a disability
which prevents such member from pursuing his usual vocation, as follows:
In such cities, villages and incorporated towns having a population of
less than 1,000, a weekly indemnity of not less than $20,
In such cities, villages and incorporated towns having a population of
1,000 or more, a weekly indemnity of not less than $30.
Every such policy shall further provide:
(a) That the weekly indemnity payable thereunder | | shall be paid as long as such disability shall continue, not however, to exceed a period of 52 weeks.
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(b) That in the event of the death or total permanent
| | disability of such volunteer fireman, the sum of not less than $3,500 shall be paid to the estate of any such volunteer fireman or to such volunteer fireman with a total permanent disability, as the case may be.
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(c) For the payment of such medical, surgical,
| | hospital and nurse services and supplies, as may be necessary on account of such injury, the total sum thereof, however, not to exceed $750, for injuries sustained as the result of any one accident.
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This amendatory act of 1973 does not apply to any municipality which is
a home rule unit.
(Source: P.A. 99-143, eff. 7-27-15.)
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65 ILCS 5/10-5-3
(65 ILCS 5/10-5-3) (from Ch. 24, par. 10-5-3)
Sec. 10-5-3.
For the purposes of this Division 5, "volunteer fireman"
or "volunteer member" means a person having regular employment, at work
other than that of a fireman, but who is carried on the rolls of a
regularly constituted fire department either for the purpose of the prevention
or control of fire or the underwater recovery of drowning victims, the members
of which are under
the jurisdiction of the corporate authorities of city, village or
incorporated town and who may receive some compensation for his services
as a fireman. "Volunteer fireman" or "volunteer member" does not mean an
individual who volunteers assistance and is not a regularly enrolled
fireman. However, nothing herein contained shall be construed to
prohibit any city, village or incorporated town from procuring insurance
to cover persons acting as firemen who are not regularly enrolled as
such.
(Source: P.A. 80-597.)
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65 ILCS 5/10-5-4
(65 ILCS 5/10-5-4) (from Ch. 24, par. 10-5-4)
Sec. 10-5-4.
If the corporate authorities of any city, village or
incorporated town, which adopts this Division 5, neglect, refuse or fail to
procure the insurance policies prescribed in this Division 5, within 30
days after the adoption hereof, except as provided in Section 10-5-5,
neglect, refuse or fail to keep such policies in force, then such city,
village or incorporated town shall be liable in an action at law to such
volunteer firemen or their estates, as the case may be, for all amounts
which would have been payable under the provisions of such insurance
policies had such policies been procured by such city, village or
incorporated town.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/10-5-5
(65 ILCS 5/10-5-5) (from Ch. 24, par. 10-5-5)
Sec. 10-5-5.
Any city, village or incorporated town which, at the time it
adopts this Division 5, is carrying insurance policies with provisions for
the payment of indemnities to volunteer firemen, shall have one year from
such time within which to procure insurance policies containing provisions
which meet the requirements of this Division 5.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/10-5-6
(65 ILCS 5/10-5-6) (from Ch. 24, par. 10-5-6)
Sec. 10-5-6.
Whenever the legal voters of such city, village or
incorporated town equal in number to 10% of the legal votes cast at the
last preceding general municipal election petition the city, village or
incorporated town clerk for the submission of the proposition as
to whether such city,
village or incorporated town, shall adopt the provisions of this
Division 5, then such clerk shall certify
the proposition accordingly, for submission
at an election in accordance
with the general election law, and if such proposition be not
adopted at such election, the same may in like manner be submitted to
any general municipal election thereafter.
The proposition shall be substantially
in the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the city (or village or incorporated town) of.... adopt YES Division 5 of Article 10 of the - - - - - - - - - - - - - - - - - - - -
Illinois Municipal Code providing for NO insurance coverage for volunteer firemen? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the votes cast upon such proposition
shall be for such proposition, then this Division 5 shall be in force in
such city, village or incorporated town, as of the beginning of the
third month of the next fiscal year of such city, village or
incorporated town.
(Source: P.A. 81-1489 .)
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65 ILCS 5/Art. 10 Div. 6
(65 ILCS 5/Art. 10 Div. 6 heading)
DIVISION 6. QUAD CITIES OUTSOURCING PREVENTION TASK FORCE
(Repealed) (Source: P.A. 101-127, eff. 7-26-19. Repealed internally, eff. 1-1-21.) |
65 ILCS 5/Art. 11
(65 ILCS 5/Art. 11 heading)
ARTICLE 11
CORPORATE POWERS AND FUNCTIONS
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65 ILCS 5/Art 11 prec Div 1
(65 ILCS 5/Art 11 prec Div 1 heading)
PUBLIC HEALTH, SAFETY AND WELFARE
POLICE PROTECTION AND PUBLIC ORDER
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65 ILCS 5/Art. 11 Div. 1
(65 ILCS 5/Art. 11 Div. 1 heading)
DIVISION 1.
POLICE PROTECTION AND TAX
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65 ILCS 5/11-1-1
(65 ILCS 5/11-1-1) (from Ch. 24, par. 11-1-1)
Sec. 11-1-1.
The corporate authorities of each municipality may pass and
enforce all necessary police ordinances.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-1-2
(65 ILCS 5/11-1-2) (from Ch. 24, par. 11-1-2)
Sec. 11-1-2.
Duties and powers of police officers.
(a) Police officers in
municipalities shall be conservators
of the peace.
They shall have the power (i) to arrest or cause to be arrested, with or
without process, all persons who break the peace or are found violating
any municipal ordinance or any criminal law of the State, (ii) to commit
arrested persons for examination, (iii) if necessary, to detain arrested
persons in custody over night or Sunday in any safe place or until they
can be brought before the proper court, and (iv) to exercise all other
powers as conservators of the peace prescribed by the corporate authorities.
(b) All warrants for the violation of municipal ordinances or the State
criminal law, directed to any person, may be served and executed within the
limits of a municipality by any police officer of the
municipality. For that purpose, police officers have all the
common law and statutory powers of sheriffs.
(c) The corporate authorities of each municipality may prescribe
any additional duties and powers of the police
officers.
(Source: P.A. 90-540, eff. 12-1-97.)
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65 ILCS 5/11-1-2.1
(65 ILCS 5/11-1-2.1) (from Ch. 24, par. 11-1-2.1)
Sec. 11-1-2.1.
In addition to the powers of the police of any municipality
under Section 7-4-8 of this Act, the corporate authorities of each
municipality having a population of less than 500,000 may enter into
agreements with any other such municipality or municipalities to furnish
police assistance on request. Such agreements shall contain provisions in
relation to any liability, including any liability or obligation to
indemnify created by Section 1-4-5 or Section 1-4-6, which may occur as a
result of any police assistance furnished under such agreements.
Police officers furnishing assistance under such agreements have all of
the powers of police officers of any requesting municipality and are
subject to the direction of the chief of police of a requesting
municipality.
(Source: Laws 1967, p. 3284.)
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65 ILCS 5/11-1-3
(65 ILCS 5/11-1-3) (from Ch. 24, par. 11-1-3)
Sec. 11-1-3.
The corporate authorities of any city or village
containing less than 500,000 inhabitants may levy, annually, a tax not
to exceed .075% of the value, as equalized or assessed by the Department
of Revenue, of all taxable property therein, to provide
revenue for the purpose of police protection in that municipality. This
tax shall be in addition to and in excess of all taxes authorized by law
to be levied and collected in that city or village and shall be in
addition to and in excess of the amount authorized to be levied for
general purposes as provided by Section 8-3-1.
However, municipalities authorized to levy this tax on July 1, 1967
shall have a rate limitation of .15% or the rate limitation in effect on
July 31, 1969, whichever is greater.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-1-5
(65 ILCS 5/11-1-5) (from Ch. 24, par. 11-1-5)
Sec. 11-1-5.
The corporate authorities of each municipality may by
ordinance declare a curfew throughout all or any part of the municipality
and establish the conditions and restrictions thereof.
(Source: Laws 1968. p. 80.)
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65 ILCS 5/11-1-5.1
(65 ILCS 5/11-1-5.1) (from Ch. 24, par. 11-1-5.1)
Sec. 11-1-5.1.
In any municipality which is authorized to levy a tax under Section
11-1-3 of this Division 1, the tax rate limit so authorized may be
increased to not to exceed .40%, or beginning in taxable year 2000, .60%,
of
the value of all the taxable property
in such municipality, provided the proposition for such tax rate
increase has been submitted to the electors of that municipality and
approved by a majority of those voting on the question. The corporate
authorities
may order the proposition submitted at any election. The municipal clerk
shall certify the question to the proper election authority who shall submit
the proposition at an election in accordance with the general election law.
(Source: P.A. 91-299, eff. 7-29-99.)
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65 ILCS 5/11-1-6
(65 ILCS 5/11-1-6) (from Ch. 24, par. 11-1-6)
Sec. 11-1-6.
The corporate authorities of each municipality may by
ordinance grant to the mayor the extraordinary power and authority to
exercise, by executive order, during a state of emergency, such of the
powers of the corporate authorities as may be reasonably necessary to
respond to the emergency. Such ordinance shall establish standards for the
determination by the mayor of when a state of emergency exists, and shall
provide that the mayor shall not exercise such extraordinary power and
authority except after his signing, under oath, a statement finding that
such standards have been met, setting forth facts to substantiate such
findings, describing the nature of the emergency, and declaring that a
state of emergency exists. Such statement shall be filed with the clerk of
the municipality as soon as practicable. A state of emergency, declared as
provided in this section, shall expire not later than the adjournment of
the first regular meeting of the corporate authorities after the state of
emergency is declared.
(Source: Laws 1968, p. 80.)
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65 ILCS 5/11-1-7
(65 ILCS 5/11-1-7) (from Ch. 24, par. 11-1-7)
Sec. 11-1-7.
The corporate authorities of any incorporated municipality, the
boundaries of which are not co-extensive with any township, may contract
with any such township in the county within which the municipality is
located to furnish police protection outside of the incorporated
municipality in such township.
The corporate authorities of any incorporated municipality situated in
a county of fewer than 1,000,000 inhabitants may contract, with advice
and consent of the sheriff in the county in which the request for contract
services is made, based upon a determination of law enforcement needs of the
area in which contract services are sought,
with the county
in which the municipality is located to furnish police protection in the county
outside
of the incorporated municipality.
(Source: P.A. 91-633, eff. 12-1-99.)
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65 ILCS 5/11-1-8
(65 ILCS 5/11-1-8) (from Ch. 24, par. 11-1-8)
Sec. 11-1-8.
The corporate authorities of each municipality may:
(a) Conduct programs and carry on and coordinate activities for the prevention,
reduction or control of juvenile delinquency within the municipality;
(b) Cooperate, coordinate or act jointly with the State of Illinois or
any other municipality, county or public or private agency in conducting
programs and carrying on and coordinating activities for the prevention,
reduction or control of juvenile delinquency, including but not limited
to the establishment, support and maintenance of individual or joint public
or private agencies or neighborhood accountability boards to conduct such
programs and carry on such activities in cooperation with law enforcement
officers through referral of juvenile offenders;
(c) Spend municipal funds appropriated for the purposes of this Section;
(d) Make application for, accept and use money, financial grants or contributions
of services from any public or private source made available for the purposes
of this Section;
(e) All officials, agencies and employees of a municipality, which has
exercised the authority granted by this Section, shall cooperate in so far
as possible with the corporate authorities in coordinating and conducting
activities and programs to carry out the purposes of this Section.
(Source: P.A. 80-853.)
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65 ILCS 5/11-1-9
(65 ILCS 5/11-1-9) (from Ch. 24, par. 11-1-9)
Sec. 11-1-9.
The corporate authorities of each municipality may enter
into agreements and cooperate with governmental entities of adjoining states
for purposes related to providing services to injured individuals where
such injury occurs at or near the dividing line of Illinois and an adjoining state.
(Source: P.A. 81-881.)
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65 ILCS 5/11-1-10
(65 ILCS 5/11-1-10) (from Ch. 24, par. 11-1-10)
Sec. 11-1-10.
The corporate authorities of each municipality which has
established a police department shall require such police department to
comply with the requirements of Section 3 of the Minor Identification and
Protection Act, enacted by the 83rd General Assembly.
(Source: P.A. 83-508.)
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65 ILCS 5/11-1-11
(65 ILCS 5/11-1-11) (from Ch. 24, par. 11-1-11)
Sec. 11-1-11.
Agreement with another entity to enforce traffic
ordinances. The corporate authorities of a municipality with a
population greater than 1,000,000 may enter into an agreement with the
Chicago Transit Authority, created under the Metropolitan Transit Authority
Act, whereby Chicago Transit Authority supervisory employees are empowered
to enforce certain traffic ordinances enacted by the municipality.
(Source: P.A. 87-597.)
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65 ILCS 5/11-1-12 (65 ILCS 5/11-1-12) Sec. 11-1-12. Quotas prohibited. A municipality may not require a police officer to issue a specific number of citations within a designated period of time. This prohibition shall not affect the conditions of any federal or State grants or funds awarded to the municipality and used to fund traffic enforcement programs. A municipality may not, for purposes of evaluating a police officer's job performance, compare the number of
citations issued by the police officer
to the number of citations issued by any other police officer who has similar job duties. Nothing in this Section shall prohibit a municipality from evaluating a police officer based on the police officer's points of contact. For the purposes of this Section, "points of contact" means any quantifiable contact made in the furtherance of the police officer's duties, including, but not limited to, the number of traffic stops completed, arrests, written warnings, and crime prevention measures. Points of contact shall not include either the issuance of citations or the number of citations issued by a police officer. A home rule municipality may not establish requirements for or assess the performance of police officers in a manner inconsistent with this Section. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 100-1001, eff. 1-1-19 .) |
65 ILCS 5/11-1-13 (65 ILCS 5/11-1-13) Sec. 11-1-13. Automated external defibrillators. The corporate authorities of each municipality shall, in accordance with the requirements of the Automated External Defibrillator Act, ensure that: (1) each police department that employs 100 or more | | police officers is equipped with an operational and accessible automated external defibrillator; and
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| (2) an adequate number of personnel in each police
| | department is trained to administer the automated external defibrillator.
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(Source: P.A. 99-246, eff. 1-1-16 .)
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65 ILCS 5/11-1-14 (65 ILCS 5/11-1-14) Sec. 11-1-14. Mental health specialists; police. The
corporate authorities of each municipality which has
established a police department shall ensure
that mental health resources, including counselors or therapists,
are available to that police department's employees, whether through
direct employment by that department, contract employment,
or other means.
(Source: P.A. 101-375, eff. 8-16-19.) |
65 ILCS 5/Art. 11 Div. 1.5
(65 ILCS 5/Art. 11 Div. 1.5 heading)
DIVISION 1.5. CO-RESPONDER PILOT PROGRAM
(Source: P.A. 102-756, eff. 5-10-22.) |
65 ILCS 5/11-1.5-5 (65 ILCS 5/11-1.5-5) (Section scheduled to be repealed on January 1, 2029) Sec. 11-1.5-5. Definitions. As used in this Division: "Department" means the East St. Louis Police Department, the Peoria Police Department, the Springfield Police Department, or the Waukegan Police Department. "Social Worker" means a licensed clinical social worker or licensed social worker, as those terms are defined in the Clinical Social Work and Social Work Practice Act. "Station adjustment" has the meaning given to that term in Section 1-3 of the Juvenile Court Act of 1987. "Unit" means a co-responder unit created under this Division.
(Source: P.A. 102-756, eff. 5-10-22; 103-154, eff. 6-30-23.) |
65 ILCS 5/11-1.5-10 (65 ILCS 5/11-1.5-10) (Section scheduled to be repealed on January 1, 2029) Sec. 11-1.5-10. Establishment; responsibilities; focus. (a) Each department shall establish, subject to appropriation, a co-responder unit no later than 6 months after the effective date of this amendatory Act of the 102nd General Assembly, including the hiring of personnel as provided in this Division. (b) Along with the duties described in Sections 11-1.5-15 and 11-1.5-20, the unit's social workers are responsible for conducting follow-up visits for victims who may benefit from mental or behavioral health services. The unit shall utilize community resources, including services provided through the Department of Human Services and social workers in juvenile and adult investigations, to connect individuals with appropriate services. (c) The unit's primary area of focus shall be victim assistance.
(Source: P.A. 102-756, eff. 5-10-22.) |
65 ILCS 5/11-1.5-15 (65 ILCS 5/11-1.5-15) (Section scheduled to be repealed on January 1, 2029) Sec. 11-1.5-15. Duties. The duties of the unit include, but are not limited to: (1) Serving as a resource to a department's community | | to identify and coordinate the social services available to residents who are victims of criminal acts.
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| (2) Networking with area social service agencies to
| | develop a community-mutual resource system and wrap-around services (a team-based, collaborative case management approach) for victims in need of social service assistance; and fostering relationships with community organizations not limited to area hospitals, school districts, juvenile justice system, and various community groups.
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| (3) Employing social workers of the unit who shall:
(A) Upon request, provide community presentations
| | on an array of social service topics.
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| (B) Assist individuals in diversion from the
| | criminal justice system by addressing problems or concerns through therapeutic intervention.
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| (C) Facilitate follow-up treatment or referral
| | to the appropriate community resource organization.
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| (D) When requested, assist department employees
| | in securing services for those in need and provide educational information to help the employee better understand the circumstances or the community concern.
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| (E) Meet with walk-ins requesting information or
| | (F) Protect the interest, confidentiality, and
| | civil rights of the client.
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| (G) Train social work interns who may be working
| | (H) Be on-call after regular business hours, as
| | (I) Inform clients, prior to providing services
| | under this Division, what communications are confidential pursuant to applicable provisions of State or federal law, rule, or regulation and what may be shared with the social worker's employer.
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| (J) Consult on all cases as needed by the
| | (K) Perform other functions as provided in
| | Section 11-1.5-20 or otherwise needed by a department.
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| (4) Employing social workers who shall work with
| | victims of crimes as follows:
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| (A) Review police reports to identify known
| | victims and contact them to offer direct and referred services.
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| (B) Assist victims with filing police reports and
| | victim compensation forms.
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| (C) Provide safety planning services to victims.
(D) Provide crisis counseling services to victims
| | (E) Conduct home visits with victims in
| | conjunction with police backup, when needed.
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| (F) Assist victims in obtaining orders of
| | protection. A social worker, in the performance of his or her duties under this subparagraph, is an advocate, as that term is defined in Section 112A-3 of the Code of Criminal Procedure of 1963.
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| (G) Facilitate court advocacy services for
| | victims, including arranging for transportation to and from court.
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| (H) Maintain confidential case files which
| | include social history, diagnosis, formulation of treatment, and documentation of services.
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| (I) Perform miscellaneous personal advocacy tasks
| | (J) Oversee activities to ensure those victims
| | with the most urgent needs are given the highest priority for services.
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| (K) Provide status updates on the progress of a
| | (5) Adhering to and understanding the applicable
| | policies, procedures, and orders of a department.
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| (6) Attaining department-established unit goals.
(7) Maintaining a positive relationship with
| | co-workers, as well as the investigators from area police departments and facilitating the exchange of information and resources pertaining to investigations that would not violate confidentiality as protected pursuant to applicable provisions of State or federal law, rule, or regulation.
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| (8) Keeping informed on crime trends within the City.
(9) Remaining obedient and responsive to all lawful
| | verbal and written orders issued by superiors.
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| (10) Completing police reports and other required
| | (11) Performing such other duties as may be required
| | by State law, city ordinance, and department policy or as may be assigned by a sworn supervisor.
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(Source: P.A. 102-756, eff. 5-10-22.)
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65 ILCS 5/11-1.5-20 (65 ILCS 5/11-1.5-20) (Section scheduled to be repealed on January 1, 2029) Sec. 11-1.5-20. Social workers. (a) Unit social workers may be referred to as victim service specialists. Social workers are responsible for working as a team to provide trauma-informed crisis intervention, case management, advocacy, and ongoing emotional support to the victims of all crimes, with extra attention to crimes that cause a high level of victim trauma. (b) Unit social workers involved in a case under adult investigations may perform the following responsibilities: (1) Working with domestic violence investigators. (2) Assisting victims with finding safe housing, | | transportation, and legal assistance.
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| (3) Providing other needed resources for victims and
| | their families, including working with children who witness or experience domestic violence.
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| (4) Assisting victims and their children in setting
| | (5) Helping reduce victims' chances of reentry into
| | (c) Unit social workers involved in a case under juvenile investigations may perform the following responsibilities:
(1) Working with families that have habitual runaways
| | and determining why the juveniles keep running away.
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| (2) Providing services to families where there have
| | been domestic disturbances between the juveniles and their parents.
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| (3) Providing resources for parents to help their
| | children who are struggling in school or need transportation to school.
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| (4) Providing guidance and advice to the families of
| | a juvenile who has been arrested and what the next steps and options are in the process.
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| (5) Assisting a juvenile with station adjustments and
| | creating a station adjustment program in a department.
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| (6) Providing services to juvenile victims and
| | families where the Department of Children and Family Services either did not get involved or did not provide services.
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| (7) Assisting with overcoming feuds between groups of
| | (8) Assisting in instances where the families are not
| | (9) Discussing with families and juveniles options
| | and solutions to prevent future arrest.
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| (10) Maintaining a list of families in need that the
| | unit or department have had contact with for department or city special events.
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| (11) Helping facilitate or assist a department in
| | community-oriented events, such as setting up an event where officers or unit personnel read books with younger children, talking about cyber crimes and social media, or having an officer or unit personnel visit a school for other activities.
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| (12) Helping reduce juvenile recidivism.
(Source: P.A. 102-756, eff. 5-10-22.)
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65 ILCS 5/11-1.5-25 (65 ILCS 5/11-1.5-25) (Section scheduled to be repealed on January 1, 2029) Sec. 11-1.5-25. Training. All unit employees shall be trained in crisis intervention and integrating communications, assessment and tactics. Integrating communications, assessment, and tactics training shall be designed for situations involving persons who are unarmed or are armed with weapons and who may be experiencing a mental health or other crisis. The training shall incorporate different skill sets into a unified training approach that emphasizes scenario-based exercises, as well as lecture and case study opportunities.
(Source: P.A. 102-756, eff. 5-10-22.) |
65 ILCS 5/11-1.5-30 (65 ILCS 5/11-1.5-30) (Section scheduled to be repealed on January 1, 2029) Sec. 11-1.5-30. Privileged or confidential communications. Nothing contained in this Division shall be construed to impair or limit the confidentiality of communications otherwise protected by law as privileged or confidential, including, but not limited to, information communicated in confidence to a social worker or social work intern who works under the direct supervision of a social worker. No social worker shall be subjected to adverse employment action, the threat of adverse employment action, or any manner of discrimination because the employee is acting or has acted to protect communications as privileged or confidential pursuant to applicable provisions of State or federal law, rule, or regulation.
(Source: P.A. 102-756, eff. 5-10-22.) |
65 ILCS 5/11-1.5-99 (65 ILCS 5/11-1.5-99) (Section scheduled to be repealed on January 1, 2029) Sec. 11-1.5-99. Repeal. This Division is repealed January 1, 2029.
(Source: P.A. 102-756, eff. 5-10-22.) |
65 ILCS 5/Art. 11 Div. 3
(65 ILCS 5/Art. 11 Div. 3 heading)
DIVISION 3.
PENAL INSTITUTIONS--GENERAL POWERS
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65 ILCS 5/11-3-1
(65 ILCS 5/11-3-1) (from Ch. 24, par. 11-3-1)
Sec. 11-3-1.
The corporate authorities of each municipality may establish
and erect correctional and penal institutions for the reformation or
confinement of all persons convicted of violating any municipal ordinance,
to make rules and regulations for the government of these institutions, and
may provide for the appointment of the necessary officers and assistants to
operate them.
The corporate authorities of each municipality may require convicted
persons committed to its correctional and penal institutions to reimburse
the municipality for the expenses incurred by their confinement to the extent
of the ability of such persons to pay for such expenses. The municipal
attorney or corporation counsel, may, if authorized by the corporate authorities,
institute civil actions in the circuit court of the county in which the
correctional and penal institutions are located to recover from such confined
convicted persons the expenses incurred by their confinement. Such expenses
recovered shall be paid into the municipal treasury.
(Source: P.A. 82-717.)
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65 ILCS 5/11-3-2
(65 ILCS 5/11-3-2) (from Ch. 24, par. 11-3-2)
Sec. 11-3-2.
The corporate authorities of each municipality may use the
county jail, with the consent of the county board, for the confinement or
punishment of offenders, subject to whatever conditions are imposed by law.
(Source: Laws 1961, p. 576.)
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