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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 5/3-2.5-70

    (730 ILCS 5/3-2.5-70)
    (Text of Section before amendment by P.A. 99-628)
    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.
        (2) A process for reviewing committed youth for
    
recommendation for aftercare release.
        (3) Supervision in accordance with the conditions set
    
by the 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.
        (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.
        (5) A process for reviewing youth on aftercare
    
release for discharge.
    (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.
        (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.
    (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.)
 
    (Text of Section after amendment by P.A. 99-628)
    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.
        (2) A process for reviewing committed youth for
    
recommendation for aftercare release.
        (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.
        (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.
        (5) A process for reviewing youth on aftercare
    
release for discharge.
    (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.
        (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.
    (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.)

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, including an identification card under subsection (e) of this Section.
    (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 provide the youth who has met the criteria established by the Department with an identification card identifying the youth as being on aftercare or wrongfully imprisoned, as the case may be. The Department, in consultation with the Office of the Secretary of State, shall prescribe the form of the identification card, which may be similar to the form of the standard Illinois Identification Card. The Department shall inform the youth that he or she may present the identification card to the Office of the Secretary of State upon application for a standard Illinois Identification Card in accordance with the Illinois Identification Card Act. The Department shall require the youth to pay a $1 fee for the identification card.
    For purposes of a youth receiving an identification card issued by the Department under this subsection, the Department shall establish criteria that the youth must meet before the card is issued. It is the sole responsibility of the youth requesting the identification card issued by the Department to meet the established criteria. The youth's failure to meet the criteria is sufficient reason to deny the youth the identification card. An identification card issued by the Department under this subsection shall be valid for a period of time not to exceed 30 calendar days from the date the card is issued. The Department shall not be held civilly or criminally liable to anyone because of any act of any person utilizing a card issued by the Department under this subsection.
    The Department shall adopt rules governing the issuance of identification cards to youth being released on aftercare or pardon.
(Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15.)

730 ILCS 5/3-2.5-80

    (730 ILCS 5/3-2.5-80)
    (Text of Section before amendment by P.A. 99-628)
    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 3-3-10 of this Code. The Department shall supervise those youth during their aftercare release period in accordance with the conditions set by the 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 Prisoner Review Board. 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;
        (2) if the releasee is required to and fails to
    
comply with the requirements of the Sex Offender Registration Act;
        (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.
    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 Prisoner Review Board.
    (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 Prisoner Review Board or 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.)
 
    (Text of Section after amendment by P.A. 99-628)
    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;
        (2) if the releasee is required to and fails to
    
comply with the requirements of the Sex Offender Registration Act;
        (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.
    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.)

730 ILCS 5/3-2.5-85

    (730 ILCS 5/3-2.5-85)
    (This Section may contain text from a Public Act with a delayed effective date)
    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.
        (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.
        (3) Considered for aftercare release at least 30 days
    
prior to the expiration of the first year of confinement and at least annually thereafter.
    (b) This Section does not apply to the initial release of youth committed to the Department under Section 5-815 or 5-820 of the Juvenile Court Act of 1987. Those youth shall be released by the Department upon completion of the determinate sentence established under this Code. 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
        (3) the youth's progress since being committed to the
    
Department.
    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.
    (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;
        (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;
        (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;
        (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
        (8) the youth's eligibility for commitment under the
    
Sexually Violent Persons Commitment Act.
    (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;
        (2) his or her release at that time would deprecate
    
the seriousness of his or her offense or promote disrespect for the law; or
        (3) his or her release would have a substantially
    
adverse effect on institutional discipline.
    (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. 99-628, eff. 1-1-17.)

730 ILCS 5/3-2.5-90

    (730 ILCS 5/3-2.5-90)
    (This Section may contain text from a Public Act with a delayed effective date)
    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)
    (This Section may contain text from a Public Act with a delayed effective date)
    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;
        (2) refrain from possessing a firearm or other
    
dangerous weapon;
        (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;
        (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;
        (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;
        (8) obtain permission of an agent of the Department
    
before leaving the State of Illinois;
        (9) obtain permission of an agent of the Department
    
before changing his or her residence or employment;
        (10) consent to a search of his or her person,
    
property, or residence under his or her control;
        (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;
        (12) not frequent places where controlled substances
    
are illegally sold, used, distributed, or administered;
        (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;
        (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;
        (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;
        (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;
        (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;
        (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;
        (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;
        (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;
        (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;
        (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;
        (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:
            (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 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;
        (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;
        (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
        (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:
            (A) prohibited from purchasing, possessing, or
        
having under his or her control any product containing pseudoephedrine unless prescribed by a physician; and
            (B) prohibited from purchasing, possessing, or
        
having under his or her control any product containing ammonium nitrate.
    (b) The Department may in addition to other conditions require that the youth:
        (1) work or pursue a course of study or vocational
    
training;
        (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
        
home;
            (B) attend school;
            (C) attend a non-residential program for youth; or
            (D) contribute to his or her own support at home
        
or in a foster 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
    
Registration Act;
        (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;
        (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.
    (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.)

730 ILCS 5/3-2.5-100

    (730 ILCS 5/3-2.5-100)
    (This Section may contain text from a Public Act with a delayed effective date)
    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.
(Source: P.A. 99-628, eff. 1-1-17.)

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 OMBUDSMAN
(Source: P.A. 98-1032, eff. 8-25-14.)

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 Ombudsman Law.
(Source: P.A. 98-1032, eff. 8-25-14.)

730 ILCS 5/3-2.7-5

    (730 ILCS 5/3-2.7-5)
    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 Ombudsman 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. 98-1032, eff. 8-25-14.)

730 ILCS 5/3-2.7-10

    (730 ILCS 5/3-2.7-10)
    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 Ombudsman.
    "Ombudsman" means the Department of Juvenile Justice Independent Juvenile Ombudsman.
    "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. 98-1032, eff. 8-25-14.)

730 ILCS 5/3-2.7-15

    (730 ILCS 5/3-2.7-15)
    Sec. 3-2.7-15. Appointment of Independent Juvenile Ombudsman. The Governor shall appoint the Independent Juvenile Ombudsman 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 Ombudsman may be reappointed to one or more subsequent terms. A vacancy shall occur upon resignation, death, or removal. The Ombudsman 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 Ombudsman may employ deputies to perform, under the direction of the Ombudsman, the same duties and exercise the same powers as the Ombudsman, and may employ other support staff as deemed necessary. The Ombudsman 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. 98-1032, eff. 8-25-14.)

730 ILCS 5/3-2.7-20

    (730 ILCS 5/3-2.7-20)
    Sec. 3-2.7-20. Conflicts of interest. A person may not serve as Ombudsman 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 Ombudsman or Deputy Ombudsman;
        (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 Ombudsman or Deputy Ombudsman; or
        (5) is required to register as a lobbyist for an
    
organization that interacts with the juvenile justice system.
(Source: P.A. 98-1032, eff. 8-25-14.)

730 ILCS 5/3-2.7-25

    (730 ILCS 5/3-2.7-25)
    Sec. 3-2.7-25. Duties and powers.
    (a) The Independent Juvenile Ombudsman shall function independently within the Department of Juvenile Justice with respect to the operations of the Office in performance of his or her duties under this Article and shall report to the Governor. The Ombudsman shall adopt rules and standards as may be necessary or desirable to carry out his or her duties. Funding for the Office shall be designated separately within Department funds. The Department shall provide necessary administrative services and facilities to the Office of the Independent Juvenile Ombudsman.
    (b) The Office of Independent Juvenile Ombudsman shall have the following duties:
        (1) review and monitor the implementation of the
    
rules and standards established by the Department of Juvenile Justice and evaluate the delivery of services to youth to ensure that the rights of youth are fully observed;
        (2) provide assistance to a youth or family whom the
    
Ombudsman determines is in need of assistance, including advocating with an agency, provider, or other person in the best interests of the youth;
        (3) investigate and attempt to resolve complaints
    
made by or on behalf of youth, other than complaints alleging criminal behavior or violations of the State Officials and Employees Ethics Act, if the Office determines that the investigation and resolution would further the purpose of the Office, and:
            (A) a youth committed to the Department of
        
Juvenile Justice or the youth's family is in need of assistance from the Office; or
            (B) a systemic issue in the Department of
        
Juvenile Justice's provision of services is raised by a complaint;
        (4) review or inspect periodically the facilities and
    
procedures of any facility in which a youth has been placed by the Department of Juvenile Justice to ensure that the rights of youth are fully observed; and
        (5) be accessible to and meet confidentially and
    
regularly with youth committed to the Department and serve as a resource by informing them of pertinent laws, rules, and policies, and their rights thereunder.
    (c) The following cases shall be reported immediately to the Director of Juvenile Justice and the Governor:
        (1) cases of severe abuse or injury of a youth;
        (2) serious misconduct, misfeasance, malfeasance, or
    
serious violations of policies and procedures concerning the administration of a Department of Juvenile Justice program or operation;
        (3) serious problems concerning the delivery of
    
services in a facility operated by or under contract with the Department of Juvenile Justice;
        (4) interference by the Department of Juvenile
    
Justice with an investigation conducted by the Office; and
        (5) other cases as deemed necessary by the Ombudsman.
    (d) Notwithstanding any other provision of law, the Ombudsman may not investigate alleged criminal behavior or violations of the State Officials and Employees Ethics Act. If the Ombudsman determines that a possible criminal act has been committed, or that special expertise is required in the investigation, he or she shall immediately notify the Department of State Police. If the Ombudsman determines that a possible violation of the State Officials and Employees Ethics Act has occurred, he or she shall immediately refer the incident to the Office of the Governor's Executive Inspector General for investigation. If the Ombudsman receives a complaint from a youth or third party regarding suspected abuse or neglect of a child, the Ombudsman shall refer the incident to the Child Abuse and Neglect Hotline or to the State Police as mandated by the Abused and Neglected Child Reporting Act. Any investigation conducted by the Ombudsman shall not be duplicative and shall be separate from any investigation mandated by the Abused and Neglected Child Reporting Act. All investigations conducted by the Ombudsman shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution.
    (e) In performance of his or her duties, the Ombudsman may:
        (1) review court files of youth;
        (2) recommend policies, rules, and legislation
    
designed to protect youth;
        (3) make appropriate referrals under any of the
    
duties and powers listed in this Section;
        (4) attend internal administrative and disciplinary
    
hearings to ensure the rights of youth are fully observed and advocate for the best interest of youth when deemed necessary; and
        (5) perform other acts, otherwise permitted or
    
required by law, in furtherance of the purpose of the Office.
    (f) To assess if a youth's rights have been violated, the Ombudsman may, in any matter that does not involve alleged criminal behavior, contact or consult with an administrator, employee, youth, parent, expert, or any other individual in the course of his or her investigation or to secure information as necessary to fulfill his or her duties.
(Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)

730 ILCS 5/3-2.7-30

    (730 ILCS 5/3-2.7-30)
    Sec. 3-2.7-30. Duties of the Department of Juvenile Justice.
    (a) The Department of Juvenile Justice shall allow any youth to communicate with the Ombudsman or a deputy at any time. The communication:
        (1) may be in person, by phone, by mail, or by any
    
other means deemed appropriate in light of security concerns; and
        (2) is confidential and privileged.
    (b) The Department shall allow the Ombudsman and deputies full and unannounced access to youth and Department facilities at any time. The Department shall furnish the Ombudsman and deputies with appropriate meeting space in each facility in order to preserve confidentiality.
    (c) The Department shall allow the Ombudsman and deputies to participate in professional development opportunities provided by the Department of Juvenile Justice as practical and to attend appropriate professional training when requested by the Ombudsman.
    (d) The Department shall provide the Ombudsman copies of critical incident reports involving a youth residing in a facility operated by the Department. Critical incidents include, but are not limited to, severe injuries that result in hospitalization, suicide attempts that require medical intervention, sexual abuse, and escapes.
    (e) The Department shall provide the Ombudsman with reasonable advance notice of all internal administrative and disciplinary hearings regarding a youth residing in a facility operated by the Department.
    (f) The Department of Juvenile Justice may not discharge, demote, discipline, or in any manner discriminate or retaliate against a youth or an employee who in good faith makes a complaint to the Office of the Independent Juvenile Ombudsman or cooperates with the Office.
(Source: P.A. 98-1032, eff. 8-25-14.)

730 ILCS 5/3-2.7-35

    (730 ILCS 5/3-2.7-35)
    Sec. 3-2.7-35. Reports. The Independent Juvenile Ombudsman shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of activities done in furtherance of the purpose of the Office for the prior fiscal year. The summaries shall contain data both aggregated and disaggregated by individual facility and describe:
        (1) the work of the Ombudsman;
        (2) the status of any review or investigation
    
undertaken by the Ombudsman, but may not contain any confidential or identifying information concerning the subjects of the reports and investigations; and
        (3) any recommendations that the Independent Juvenile
    
Ombudsman has relating to a systemic issue in the Department of Juvenile Justice's provision of services and any other matters for consideration by the General Assembly and the Governor.
(Source: P.A. 98-1032, eff. 8-25-14.)

730 ILCS 5/3-2.7-40

    (730 ILCS 5/3-2.7-40)
    Sec. 3-2.7-40. Complaints. The Office of Independent Juvenile Ombudsman shall promptly and efficiently act on complaints made by or on behalf of youth filed with the Office that relate to the operations or staff of the Department of Juvenile Justice. The Office shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, including any resolution of or recommendations made as a result of the complaint. The Office shall make information available describing its procedures for complaint investigation and resolution. When applicable, the Office shall notify the complaining youth that an investigation and resolution may result in or will require disclosure of the complaining youth's identity. The Office shall periodically notify the complaint parties of the status of the complaint until final disposition.
(Source: P.A. 98-1032, eff. 8-25-14.)

730 ILCS 5/3-2.7-45

    (730 ILCS 5/3-2.7-45)
    Sec. 3-2.7-45. Confidentiality. The name, address, or other personally identifiable information of a person who files a complaint with the Office, information generated by the Office related to a complaint or other activities of the Office, and confidential records obtained by the Office are not subject to disclosure under the Freedom of Information Act. The Office shall disclose the records only if required by court order on a showing of good cause.
(Source: P.A. 98-1032, eff. 8-25-14.)

730 ILCS 5/3-2.7-50

    (730 ILCS 5/3-2.7-50)
    Sec. 3-2.7-50. Promotion and awareness of Office. The Independent Juvenile Ombudsman shall promote awareness among the public and youth of:
        (1) the rights of youth committed to the Department;
        (2) the purpose of the Office;
        (3) how the Office may be contacted;
        (4) the confidential nature of communications; and
        (5) the services the Office provides.
(Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)

730 ILCS 5/3-2.7-55

    (730 ILCS 5/3-2.7-55)
    Sec. 3-2.7-55. Access to information of governmental entities. The Department of Juvenile Justice shall provide the Independent Juvenile Ombudsman unrestricted access to all master record files of youth under Section 3-5-1 of this Code. Access to educational, social, psychological, mental health, substance abuse, and medical records shall not be disclosed except as provided in Section 5-910 of the Juvenile Court Act of 1987, the Mental Health and Developmental Disabilities Confidentiality Act, the School Code, and any applicable federal laws that govern access to those records.
(Source: P.A. 98-1032, eff. 8-25-14.)