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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)
    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.)

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)
    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.)

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.)