Public Act 094-0696
 		





SB0092 Enrolled
LRB094 06238 RLC 36309 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 5. The Civil Administrative Code of Illinois is 
amended by changing Sections 5-15, 5-20, and 5-335 and adding 
Section 5-362 as follows:
 



    (20 ILCS 5/5-15)  (was 20 ILCS 5/3)


    Sec. 5-15. Departments of State government. The 
Departments of
State government are created as follows:

    The Department on Aging.

    The Department of Agriculture.

    The Department of Central Management Services.

    The Department of Children and Family Services.

    The Department of Commerce and Economic Opportunity.

    The Department of Corrections.

    The Department of Employment Security.

    The Emergency Management Agency.

    The Department of Financial Institutions.

    The Department of Human Rights.

    The Department of Human Services.

    The Department of Insurance.

    The Department of Juvenile Justice.

    The Department of Labor.

    The Department of the Lottery.

    The Department of Natural Resources.

    The Department of Professional Regulation.

    The Department of Public Aid.

    The Department of Public Health.

    The Department of Revenue.

    The Department of State Police.

    The Department of Transportation.

    The Department of Veterans' Affairs.

(Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04.)

 



    (20 ILCS 5/5-20)  (was 20 ILCS 5/4)


    Sec. 5-20. Heads of departments. Each department shall have 
an
officer as its head who shall
be known as director or 
secretary and who shall, subject to the
provisions of the Civil 
Administrative Code of Illinois,
execute the powers and 
discharge the duties
vested by law in his or her respective 
department.

    The following officers are hereby created:

    Director of Aging, for the Department on Aging.

    Director of Agriculture, for the Department of 
Agriculture.

    Director of Central Management Services, for the 
Department of Central
Management Services.

    Director of Children and Family Services, for the 
Department of Children and
Family Services.

    Director of Commerce and Economic Opportunity, for
the 
Department of Commerce
and Economic Opportunity.

    Director of Corrections, for the Department of 
Corrections.

    Director of Emergency Management Agency, for the Emergency 
Management Agency.

    Director of Employment Security, for the Department of 
Employment Security.

    Director of Financial Institutions, for the Department of 
Financial
Institutions.

    Director of Human Rights, for the Department of Human 
Rights.

    Secretary of Human Services, for the Department of Human 
Services.

    Director of Insurance, for the Department of Insurance.

    Director of Juvenile Justice, for the Department of 
Juvenile Justice.

    Director of Labor, for the Department of Labor.

    Director of the Lottery, for the Department of the Lottery.

    Director of Natural Resources, for the Department of 
Natural Resources.

    Director of Professional Regulation, for the Department of 
Professional
Regulation.

    Director of Public Aid, for the Department of Public Aid.

    Director of Public Health, for the Department of Public 
Health.

    Director of Revenue, for the Department of Revenue.

    Director of State Police, for the Department of State 
Police.

    Secretary of Transportation, for the Department of 
Transportation.

    Director of Veterans' Affairs, for the Department of 
Veterans' Affairs.

(Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04.)

 



    (20 ILCS 5/5-335)  (was 20 ILCS 5/9.11a)


    Sec. 5-335. In the Department of Corrections. The Director 
of Corrections
shall receive an annual salary as set by the 
Governor from time to time
or as set by the Compensation Review 
Board, whichever is greater.

    The Assistant Director of Corrections - Juvenile Division 
shall receive
an annual salary as set by the Governor from time 
to time or as set by the
Compensation Review Board, whichever 
is greater.

    The Assistant Director of Corrections - Adult Division 
shall receive
an annual salary as set by the Governor from time 
to time or as set by the
Compensation Review Board, whichever 
is greater.

(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, 
eff.
6-28-01.)


 
    (20 ILCS 5/5-362 new)

    Sec. 5-362. In the Department of Juvenile Justice. The 
Director of Juvenile Justice shall receive an annual salary as 
set by the Governor from time to time
or as set by the 
Compensation Review Board, whichever is greater.
 
    Section 6. The Children and Family Services Act is amended  
by changing Section 17a-11 as follows:
 



    (20 ILCS 505/17a-11)  (from Ch. 23, par. 5017a-11)


    Sec. 17a-11. Governor's Youth Services Initiative. In 
cooperation with
the Department of Juvenile Justice

Corrections, the Department of Human Services and the
Illinois 
State Board of Education, the
Department of Children and Family 
Services shall establish the Governor's Youth
Services 
Initiative.  This program shall offer assistance to 
multi-problem
youth whose difficulties are not the clear 
responsibility of any one state
agency, and who are referred to 
the program by the juvenile court.  The
decision to establish 
and to maintain an initiative program shall be based upon
the 
availability of program funds and the overall needs of the 
service area.

    A Policy Board shall be established as the decision-making 
body of the
Governor's Youth Services Initiative.  The Board 
shall be composed of State
agency liaisons appointed by the 
Secretary of Human Services, the Directors
of the Department of 
Children and Family Services and the Department
of Juvenile 
Justice
Corrections, and the State Superintendent of 
Education.  The Board shall
meet at least quarterly.

    The Department of Children and Family Services may 
establish a system of
regional interagency councils in the 
various geographic regions of the State to
address, at the 
regional or local level, the delivery of services to

multi-problem youth.

    The Department of Children and Family Services in 
consultation with the
aforementioned sponsors of the program 
shall promulgate rules and
regulations pursuant to the Illinois 
Administrative Procedure Act, for the
development of 
initiative programs in densely populated areas of the State
to 
meet the needs of multi-problem youth.

(Source: P.A. 88-487; 89-507, eff. 7-1-97.)



 
    Section 7.  The Illinois Pension Code is amended by 
changing Section 14-110 as follows:
 



    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)


    Sec. 14-110. Alternative retirement annuity. 

    (a) Any member who has withdrawn from service with not less 
than 20
years of eligible creditable service and has attained 
age 55, and any
member who has withdrawn from service with not 
less than 25 years of
eligible creditable service and has 
attained age 50, regardless of whether
the attainment of either 
of the specified ages occurs while the member is
still in 
service, shall be entitled to receive at the option of the 
member,
in lieu of the regular or minimum retirement annuity, a 
retirement  annuity
computed as follows:


        (i) for periods of service as a noncovered employee:
if 
    retirement occurs on or after January 1, 2001, 3% of final

    average compensation for each year of creditable service; 
    if retirement occurs
before January 1, 2001, 2 1/4% of 
    final average compensation for each of the
first 10 years 
    of creditable service, 2 1/2% for each year above 10 years 
    to
and including 20 years of creditable service, and 2 3/4% 
    for each year of
creditable service above 20 years; and


        (ii) for periods of eligible creditable service as a 
    covered employee:
if retirement occurs on or after January 
    1, 2001, 2.5% of final average
compensation for each year 
    of creditable service; if retirement occurs before
January 
    1, 2001, 1.67% of final average compensation for each of 
    the first
10 years of such service, 1.90% for each of the 
    next 10 years of such service,
2.10% for each year of such 
    service in excess of 20 but not exceeding 30, and
2.30% for 
    each year in excess of 30.

    Such annuity shall be subject to a maximum of 75% of final 
average
compensation if retirement occurs before January 1, 
2001 or to a maximum
of 80% of final average compensation if 
retirement occurs on or after January
1, 2001.

    These rates shall not be applicable to any service 
performed
by a member as a covered employee which is not 
eligible creditable service.
 Service as a covered employee 
which is not eligible creditable service
shall be subject to 
the rates and provisions of Section 14-108.

    (b) For the purpose of this Section, "eligible creditable 
service" means
creditable service resulting from service in one 
or more of the following
positions:


        (1) State policeman;


        (2) fire fighter in the fire protection service of a 
    department;


        (3) air pilot;


        (4) special agent;


        (5) investigator for the Secretary of State;


        (6) conservation police officer;


        (7) investigator for the Department of Revenue;


        (8) security employee of the Department of Human 
    Services;


        (9) Central Management Services security police 
    officer;


        (10) security employee of the Department of 
    Corrections or the Department of Juvenile Justice;


        (11) dangerous drugs investigator;


        (12) investigator for the Department of State Police;


        (13) investigator for the Office of the Attorney 
    General;


        (14) controlled substance inspector;


        (15) investigator for the Office of the State's 
    Attorneys Appellate
Prosecutor;


        (16) Commerce Commission police officer;


        (17) arson investigator;


        (18) State highway maintenance worker.

    A person employed in one of the positions specified in this 
subsection is
entitled to eligible creditable service for 
service credit earned under this
Article while undergoing the 
basic police training course approved by the
Illinois Law 
Enforcement Training
Standards Board, if
completion of that 
training is required of persons serving in that position.
For 
the purposes of this Code, service during the required basic 
police
training course shall be deemed performance of the 
duties of the specified
position, even though the person is not 
a sworn peace officer at the time of
the training.

    (c) For the purposes of this Section:


        (1) The term "state policeman" includes any title or 
    position
in the Department of State Police that is held by 
    an individual employed
under the State Police Act.


        (2) The term "fire fighter in the fire protection 
    service of a
department" includes all officers in such fire 
    protection service
including fire chiefs and assistant 
    fire chiefs.


        (3) The term "air pilot" includes any employee whose 
    official job
description on file in the Department of 
    Central Management Services, or
in the department by which 
    he is employed if that department is not covered
by the 
    Personnel Code, states that his principal duty is the 
    operation of
aircraft, and who possesses a pilot's license; 
    however, the change in this
definition made by this 
    amendatory Act of 1983 shall not operate to exclude
any 
    noncovered employee who was an "air pilot" for the purposes 
    of this
Section on January 1, 1984.


        (4) The term "special agent" means any person who by 
    reason of
employment by the Division of Narcotic Control, 
    the Bureau of Investigation
or, after July 1, 1977, the 
    Division of Criminal Investigation, the
Division of 
    Internal Investigation, the Division of Operations, or any

    other Division or organizational
entity in the Department 
    of State Police is vested by law with duties to
maintain 
    public order, investigate violations of the criminal law of 
    this
State, enforce the laws of this State, make arrests 
    and recover property.
The term "special agent" includes any 
    title or position in the Department
of State Police that is 
    held by an individual employed under the State
Police Act.


        (5) The term "investigator for the Secretary of State" 
    means any person
employed by the Office of the Secretary of 
    State and vested with such
investigative duties as render 
    him ineligible for coverage under the Social
Security Act 
    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
    218(l)(1)
of that Act.


        A person who became employed as an investigator for the 
    Secretary of
State between January 1, 1967 and December 31, 
    1975, and who has served as
such until attainment of age 
    60, either continuously or with a single break
in service 
    of not more than 3 years duration, which break terminated 
    before
January 1, 1976, shall be entitled to have his 
    retirement annuity
calculated  in accordance with 
    subsection (a), notwithstanding
that he has less than 20 
    years of credit for such service.


        (6) The term "Conservation Police Officer" means any 
    person employed
by the Division of Law Enforcement of the 
    Department of Natural Resources and
vested with such law 
    enforcement duties as render him ineligible for coverage

    under the Social Security Act by reason of Sections 
    218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act.  The 
    term "Conservation Police Officer" includes
the positions 
    of Chief Conservation Police Administrator and Assistant

    Conservation Police Administrator.


        (7) The term "investigator for the Department of 
    Revenue" means any
person employed by the Department of 
    Revenue and vested with such
investigative duties as render 
    him ineligible for coverage under the Social
Security Act 
    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
    218(l)(1)
of that Act.


        (8) The term "security employee of the Department of 
    Human Services"
means any person employed by the Department 
    of Human Services who (i) is
employed at the Chester Mental 
    Health Center and has daily contact with the
residents 
    thereof, (ii) is employed within a security unit at a 
    facility
operated by the Department and has daily contact 
    with the residents of the
security unit, (iii) is employed 
    at a facility operated by the Department
that includes a 
    security unit and is regularly scheduled to work at least

    50% of his or her working hours within that security unit, 
    or (iv) is a mental health police officer.
"Mental health 
    police officer" means any person employed by the Department 
    of
Human Services in a position pertaining to the 
    Department's mental health and
developmental disabilities 
    functions who is vested with such law enforcement
duties as 
    render the person ineligible for coverage under the Social 
    Security
Act by reason of Sections 218(d)(5)(A), 
    218(d)(8)(D) and 218(l)(1) of that
Act.  "Security unit" 
    means that portion of a facility that is devoted to
the 
    care, containment, and treatment of persons committed to 
    the Department of
Human Services as sexually violent 
    persons, persons unfit to stand trial, or
persons not 
    guilty by reason of insanity.  With respect to past 
    employment,
references to the Department of Human Services 
    include its predecessor, the
Department of Mental Health 
    and Developmental Disabilities.


        The changes made to this subdivision (c)(8) by Public 
    Act 92-14 apply to persons who retire on or after January 
    1,
2001, notwithstanding Section 1-103.1.


        (9) "Central Management Services security police 
    officer" means any
person employed by the Department of 
    Central Management Services who is
vested with such law 
    enforcement duties as render him ineligible for
coverage 
    under the Social Security Act by reason of Sections 
    218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.


        (10) For a member who first became an employee under 
    this Article before July 1, 2005, the term "security 
    employee of the Department of Corrections or the Department 
    of Juvenile Justice"
means any employee of the Department 
    of Corrections or the Department of Juvenile Justice or the 
    former
Department of Personnel, and any member or employee 
    of the Prisoner
Review Board, who has daily contact with 
    inmates or youth by working within a
correctional facility 
    or Juvenile facility operated by the Department of Juvenile 
    Justice or who is a parole officer or an employee who has

    direct contact with committed persons in the performance of 
    his or her
job duties. For a member who first becomes an 
    employee under this Article on or after July 1, 2005, the  
    term means  an employee of the Department of Corrections or 
    the Department of Juvenile Justice who is any of the 
    following: (i) officially headquartered at a correctional 
    facility or Juvenile facility operated by the Department of 
    Juvenile Justice, (ii) a parole officer, (iii) a member of 
    the apprehension unit, (iv) a member of the intelligence 
    unit, (v) a member of the sort team, or (vi) an 
    investigator.


        (11) The term "dangerous drugs investigator" means any 
    person who is
employed as such by the Department of Human 
    Services.


        (12) The term "investigator for the Department of State 
    Police" means
a person employed by the Department of State 
    Police who is vested under
Section 4 of the Narcotic 
    Control Division Abolition Act with such
law enforcement 
    powers as render him ineligible for coverage under the

    Social Security Act by reason of Sections 218(d)(5)(A), 
    218(d)(8)(D) and
218(l)(1) of that Act.


        (13) "Investigator for the Office of the Attorney 
    General" means any
person who is employed as such by the 
    Office of the Attorney General and
is vested with such 
    investigative duties as render him ineligible for
coverage 
    under the Social Security Act by reason of Sections 
    218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.  For 
    the period before January 1,
1989, the term includes all 
    persons who were employed as investigators by the
Office of 
    the Attorney General, without regard to social security 
    status.


        (14) "Controlled substance inspector" means any person 
    who is employed
as such by the Department of Professional 
    Regulation and is vested with such
law enforcement duties 
    as render him ineligible for coverage under the Social

    Security Act by reason of Sections 218(d)(5)(A), 
    218(d)(8)(D) and 218(l)(1) of
that Act.  The term 
    "controlled substance inspector" includes the Program

    Executive of Enforcement and the Assistant Program 
    Executive of Enforcement.


        (15) The term "investigator for the Office of the 
    State's Attorneys
Appellate Prosecutor" means a person 
    employed in that capacity on a full
time basis under the 
    authority of Section 7.06 of the State's Attorneys

    Appellate Prosecutor's Act.


        (16) "Commerce Commission police officer" means any 
    person employed
by the Illinois Commerce Commission who is 
    vested with such law
enforcement duties as render him 
    ineligible for coverage under the Social
Security Act by 
    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and

    218(l)(1) of that Act.


        (17) "Arson investigator" means any person who is 
    employed as such by
the Office of the State Fire Marshal 
    and is vested with such law enforcement
duties as render 
    the person ineligible for coverage under the Social 
    Security
Act by reason of Sections 218(d)(5)(A), 
    218(d)(8)(D), and 218(l)(1) of that
Act.  A person who was 
    employed as an arson
investigator on January 1, 1995 and is 
    no longer in service but not yet
receiving a retirement 
    annuity may convert his or her creditable service for

    employment as an arson investigator into eligible 
    creditable service by paying
to the System the difference 
    between the employee contributions actually paid
for that 
    service and the amounts that would have been contributed if 
    the
applicant were contributing at the rate applicable to 
    persons with the same
social security status earning 
    eligible creditable service on the date of
application.


        (18) The term "State highway maintenance worker" means 
    a person who is
either of the following:


            (i) A person employed on a full-time basis by the 
        Illinois
Department of Transportation in the position 
        of
highway maintainer,
highway maintenance lead 
        worker,
highway maintenance lead/lead worker,
heavy 
        construction equipment operator,
power shovel 
        operator, or
bridge mechanic; and
whose principal 
        responsibility is to perform, on the roadway, the 
        actual
maintenance necessary to keep the highways that 
        form a part of the State
highway system in serviceable 
        condition for vehicular traffic.


            (ii) A person employed on a full-time basis by the 
        Illinois
State Toll Highway Authority in the position 
        of
equipment operator/laborer H-4,
equipment  
        operator/laborer  H-6,
welder  H-4,
welder  H-6,

        mechanical/electrical H-4,
mechanical/electrical H-6,

        water/sewer H-4,
water/sewer H-6,
sign maker/hanger 
        H-4,
sign maker/hanger H-6,
roadway lighting H-4,

        roadway lighting H-6,
structural H-4,
structural H-6,

        painter H-4, or
painter H-6; and
whose principal 
        responsibility is to perform, on the roadway, the 
        actual
maintenance necessary to keep the Authority's 
        tollways in serviceable condition
for vehicular 
        traffic.

    (d) A security employee of the Department of Corrections or 
the Department of Juvenile Justice, and a security
employee of 
the Department of Human Services who is not a mental health 
police
officer, shall not be eligible for the alternative 
retirement annuity provided
by this Section unless he or she 
meets the following minimum age and service
requirements at the 
time of retirement:


        (i) 25 years of eligible creditable service and age 55; 
    or


        (ii) beginning January 1, 1987, 25 years of eligible 
    creditable service
and age 54, or 24 years of eligible 
    creditable service and age 55; or


        (iii) beginning January 1, 1988, 25 years of eligible 
    creditable service
and age 53, or 23 years of eligible 
    creditable service and age 55; or


        (iv) beginning January 1, 1989, 25 years of eligible 
    creditable service
and age 52, or 22 years of eligible 
    creditable service and age 55; or


        (v) beginning January 1, 1990, 25 years of eligible 
    creditable service
and age 51, or 21 years of eligible 
    creditable service and age 55; or


        (vi) beginning January 1, 1991, 25 years of eligible 
    creditable service
and age 50, or 20 years of eligible 
    creditable service and age 55.

    Persons who have service credit under Article 16 of this 
Code for service
as a security employee of the Department of 
Corrections or the Department of Juvenile Justice, or the 
Department
of Human Services in a position requiring 
certification as a teacher may
count such service toward 
establishing their eligibility under the service
requirements 
of this Section; but such service may be used only for

establishing such eligibility, and not for the purpose of 
increasing or
calculating any benefit.

    (e) If a member enters military service while working in a 
position in
which eligible creditable service may be earned, 
and returns to State
service in the same or another such 
position, and fulfills in all other
respects the conditions 
prescribed in this Article for credit for military
service, 
such military service shall be credited as eligible creditable

service for the purposes of the retirement annuity prescribed 
in this Section.

    (f) For purposes of calculating retirement annuities under 
this
Section, periods of service rendered after December 31, 
1968 and before
October 1, 1975 as a covered employee in the 
position of special agent,
conservation police officer, mental 
health police officer, or investigator
for the Secretary of 
State, shall be deemed to have been service as a
noncovered 
employee, provided that the employee pays to the System prior 
to
retirement an amount equal to (1) the difference between the 
employee
contributions that would have been required for such 
service as a
noncovered employee, and the amount of employee 
contributions actually
paid, plus (2) if payment is made after 
July 31, 1987, regular interest
on the amount specified in item 
(1) from the date of service to the date
of payment.

    For purposes of calculating retirement annuities under 
this Section,
periods of service rendered after December 31, 
1968 and before January 1,
1982 as a covered employee in the 
position of investigator for the
Department of Revenue shall be 
deemed to have been service as a noncovered
employee, provided 
that the employee pays to the System prior to retirement
an 
amount equal to (1) the difference between the employee 
contributions
that would have been required for such service as 
a noncovered employee,
and the amount of employee contributions 
actually paid, plus (2) if payment
is made after January 1, 
1990, regular interest on the amount specified in
item (1) from 
the date of service to the date of payment.

    (g) A State policeman may elect, not later than January 1, 
1990, to
establish eligible creditable service for up to 10 
years of his service as
a policeman under Article 3, by filing 
a written election with the Board,
accompanied by payment of an 
amount to be determined by the Board, equal to
(i) the 
difference between the amount of employee and employer

contributions transferred to the System under Section 3-110.5, 
and the
amounts that would have been contributed had such 
contributions been made
at the rates applicable to State 
policemen, plus (ii) interest thereon at
the effective rate for 
each year, compounded annually, from the date of
service to the 
date of payment.

    Subject to the limitation in subsection (i), a State 
policeman may elect,
not later than July 1, 1993, to establish 
eligible creditable service for
up to 10 years of his service 
as a member of the County Police Department
under Article 9, by 
filing a written election with the Board, accompanied
by 
payment of an amount to be determined by the Board, equal to 
(i) the
difference between the amount of employee and employer 
contributions
transferred to the System under Section 9-121.10 
and the amounts that would
have been contributed had those 
contributions been made at the rates
applicable to State 
policemen, plus (ii) interest thereon at the effective
rate for 
each year, compounded annually, from the date of service to the

date of payment.

    (h) Subject to the limitation in subsection (i), a State 
policeman or
investigator for the Secretary of State may elect 
to establish eligible
creditable service for up to 12 years of 
his service as a policeman under
Article 5, by filing a written 
election with the Board on or before January
31, 1992, and 
paying to the System by January 31, 1994 an amount to be

determined by the Board, equal to (i) the difference between 
the amount of
employee and employer contributions transferred 
to the System under Section
5-236, and the amounts that would 
have been contributed had such
contributions been made at the 
rates applicable to State policemen, plus
(ii) interest thereon 
at the effective rate for each year, compounded
annually, from 
the date of service to the date of payment.

    Subject to the limitation in subsection (i), a State 
policeman,
conservation police officer, or investigator for 
the Secretary of State may
elect to establish eligible 
creditable service for up to 10 years of
service as a sheriff's 
law enforcement employee under Article 7, by filing
a written 
election with the Board on or before January 31, 1993, and 
paying
to the System by January 31, 1994 an amount to be 
determined by the Board,
equal to (i) the difference between 
the amount of employee and
employer contributions transferred 
to the System under Section
7-139.7, and the amounts that would 
have been contributed had such
contributions been made at the 
rates applicable to State policemen, plus
(ii) interest thereon 
at the effective rate for each year, compounded
annually, from 
the date of service to the date of payment.

    (i) The total amount of eligible creditable service 
established by any
person under subsections (g), (h), (j), (k), 
and (l) of this
Section shall not exceed 12 years.

    (j) Subject to the limitation in subsection (i), an 
investigator for
the Office of the State's Attorneys Appellate 
Prosecutor or a controlled
substance inspector may elect to

establish eligible creditable service for up to 10 years of his 
service as
a policeman under Article 3 or a sheriff's law 
enforcement employee under
Article 7, by filing a written 
election with the Board, accompanied by
payment of an amount to 
be determined by the Board, equal to (1) the
difference between 
the amount of employee and employer contributions
transferred 
to the System under Section 3-110.6 or 7-139.8, and the amounts

that would have been contributed had such contributions been 
made at the
rates applicable to State policemen, plus (2) 
interest thereon at the
effective rate for each year, 
compounded annually, from the date of service
to the date of 
payment.

    (k) Subject to the limitation in subsection (i) of this 
Section, an
alternative formula employee may elect to establish 
eligible creditable
service for periods spent as a full-time 
law enforcement officer or full-time
corrections officer 
employed by the federal government or by a state or local

government located outside of Illinois, for which credit is not 
held in any
other public employee pension fund or retirement 
system.  To obtain this
credit, the applicant must file a 
written application with the Board by March
31, 1998, 
accompanied by evidence of eligibility acceptable to the Board 
and
payment of an amount to be determined by the Board, equal 
to (1) employee
contributions for the credit being established, 
based upon the applicant's
salary on the first day as an 
alternative formula employee after the employment
for which 
credit is being established and the rates then applicable to

alternative formula employees, plus (2) an amount determined by 
the Board
to be the employer's normal cost of the benefits 
accrued for the credit being
established, plus (3) regular 
interest on the amounts in items (1) and (2) from
the first day 
as an alternative formula employee after the employment for 
which
credit is being established to the date of payment.

    (l) Subject to the limitation in subsection (i), a security 
employee of
the Department of Corrections may elect, not later 
than July 1, 1998, to
establish eligible creditable service for 
up to 10 years of his or her service
as a policeman under 
Article 3, by filing a written election with the Board,

accompanied by payment of an amount to be determined by the 
Board, equal to
(i) the difference between the amount of 
employee and employer contributions
transferred to the System 
under Section 3-110.5, and the amounts that would
have been 
contributed had such contributions been made at the rates 
applicable
to security employees of the Department of 
Corrections, plus (ii) interest
thereon at the effective rate 
for each year, compounded annually, from the date
of service to 
the date of payment.

    (m) The amendatory changes to this Section made by this 
amendatory Act of the 94th General Assembly apply only to: (1) 
security employees of the Department of Juvenile Justice 
employed by the Department of Corrections before the effective 
date of this amendatory Act of the 94th General Assembly and 
transferred to the Department of Juvenile Justice by this 
amendatory Act of the 94th General Assembly; and (2) persons 
employed by the Department of Juvenile Justice on or after the 
effective date of this amendatory Act of the 94th General 
Assembly who are required by subsection (b) of Section 3-2.5-15 
of the Unified Code of Corrections to have a bachelor's or 
advanced degree from an accredited college or university with a 
specialization in criminal justice, education, psychology, 
social work, or a closely related social science or, in the 
case of persons who provide vocational training, who are 
required to have adequate knowledge in the skill for which they 
are providing the vocational training.

(Source: P.A. 94-4, eff. 6-1-05.)

 
    Section 10. The Counties Code is amended by changing 
Section 3-6039 as follows:
 



    (55 ILCS 5/3-6039)


    Sec. 3-6039. County juvenile impact incarceration program. 

    (a) With the approval of the county board, the Department 
of Probation and
Court Services in any county
shall have the

power to operate a county juvenile impact incarceration program 
for
eligible
delinquent minors.  If the court finds that a minor 
adjudicated a delinquent
meets the eligibility requirements of 
this Section, the court may in its
dispositional order approve 
the delinquent minor for placement in the county
juvenile 
impact incarceration program conditioned upon his or her 
acceptance
in the program by the Department of Probation and 
Court Services.  The
dispositional order also shall provide that 
if the Department of Probation and
Court Services accepts the 
delinquent minor in the program and determines that
the 
delinquent minor has successfully completed the county 
juvenile impact
incarceration program, the delinquent minor's 
detention shall be reduced to
time considered served upon 
certification to the court by the Department of
Probation and 
Court Services that the delinquent minor has successfully

completed the program.  If the delinquent minor is not accepted 
for placement
in the county juvenile impact incarceration 
program or the delinquent minor
does not successfully complete 
the program, his or her term of commitment shall
be as set 
forth by the court in its dispositional order.  If the 
delinquent
minor does not successfully complete the program, 
time spent in the program
does not count as time served against 
the time limits as set forth in
subsection (f) of this Section.

    (b) In order to be eligible to participate in the county 
juvenile impact
incarceration program, the delinquent minor 
must meet all of the following
requirements:


        (1) The delinquent minor is at least 13 years of age.


        (2) The act for which the minor is adjudicated 
    delinquent does not
constitute a Class X felony, criminal 
    sexual assault, first degree murder,
aggravated 
    kidnapping, second degree murder, armed violence, arson, 
    forcible
detention, aggravated criminal sexual abuse or a 
    subsequent conviction for
criminal sexual abuse.


        (3) The delinquent minor has not previously 
    participated in a county
juvenile impact incarceration 
    program and has not previously served a prior
commitment 
    for an act constituting a felony in a Department of 
    Juvenile Justice
Corrections
juvenile correctional 
    facility.  This provision shall not exclude a delinquent

    minor who is committed to the Illinois Department of 
    Juvenile Justice
Corrections and is
participating in the 
    county juvenile impact incarceration program under an

    intergovernmental cooperation agreement with the Illinois 
    Department of
Juvenile Justice
Corrections, Juvenile 
    Division.


        (4) The delinquent minor is physically able to 
    participate in strenuous
physical activities or labor.


        (5) The delinquent minor does not have a mental 
    disorder or disability
that would prevent participation in 
    the county juvenile impact incarceration
program.


        (6) The delinquent minor is recommended and approved 
    for placement in the
county juvenile impact incarceration 
    program in the court's dispositional
order.

    The court and the Department of Probation and Court 
Services may also
consider, among other matters, whether the 
delinquent minor has a history of
escaping or absconding, 
whether participation in the county juvenile impact

incarceration program may pose a risk to the safety or security 
of any person,
and whether space is available.

    (c) The county juvenile impact incarceration program shall 
include, among
other matters, mandatory physical training and 
labor, military formation and
drills, regimented activities, 
uniformity of dress and appearance, education
and counseling, 
including drug counseling if appropriate, and must impart to

the delinquent minor principles of honor, integrity, 
self-sufficiency,
self-discipline, self-respect, and respect 
for others.

    (d) Privileges of delinquent minors participating in the 
county juvenile
impact incarceration program, including 
visitation, commissary, receipt and
retention of property and 
publications, and access to television, radio, and a
library, 
may be suspended or restricted, at the discretion of the 
Department of
Probation and Court Services.

    (e) Delinquent minors participating in the county juvenile 
impact
incarceration program shall adhere to all rules 
promulgated by the Department
of Probation and Court Services 
and all requirements of the program.
Delinquent minors shall be 
informed of rules of behavior and conduct.
Disciplinary 
procedures required by any other law or county ordinance are 
not
applicable.

    (f) Participation in the county juvenile impact 
incarceration program by a
minor adjudicated delinquent for an 
act constituting a misdemeanor shall be for
a period of at 
least 7 days but less than 120 days as determined by the

Department of Probation and Court Services.  Participation in 
the county
juvenile impact incarceration program by a minor 
adjudicated delinquent for an
act constituting a felony shall 
be for a period of 120 to 180 days as
determined by the 
Department of Probation and Court Services.

    (g) A delinquent minor may be removed from the program for 
a violation
of the terms or conditions of the program or if he 
or she is for any
reason unable to participate.  The Department 
of Probation and Court Services
shall promulgate rules 
governing conduct that could result in removal from the
program 
or in a determination that the delinquent minor has not 
successfully
completed the program.  Delinquent minors shall 
have access to
these rules.  The rules shall provide that the 
delinquent minor shall receive
notice and have the opportunity 
to appear before and address the
Department of Probation and 
Court Services or a person appointed by the
Department of 
Probation and Court Services for this purpose.  A delinquent

minor may be transferred to any juvenile facilities prior to 
the hearing.

    (h) If the Department of Probation and Court Services 
accepts the delinquent
minor in the program and determines that 
the delinquent minor has successfully
completed the county 
juvenile impact incarceration program, the court shall

discharge the minor from custody upon certification to the 
court by the
Department of Probation and Court Services that 
the delinquent minor has
successfully completed the program.  In 
the event the delinquent minor is not
accepted for placement in 
the county juvenile impact incarceration program or
the 
delinquent minor does not successfully complete the program, 
his or her
commitment to the Department of Juvenile Justice

Corrections, Juvenile Division, or juvenile
detention shall be 
as set forth by the court in its dispositional order.

    (i) The Department of Probation and Court Services, with 
the approval of the
county board, shall have the power to enter 
into intergovernmental cooperation
agreements
with the 
Illinois Department of Juvenile Justice
Corrections, Juvenile 
Division, under which
delinquent minors committed to the 
Illinois Department of Juvenile Justice
Corrections, Juvenile

Division, may participate in the county juvenile impact 
incarceration program.
A delinquent minor who successfully 
completes the county juvenile impact
incarceration program 
shall be discharged from custody upon certification to
the 
court by the Illinois Department of Juvenile Justice

Corrections, Juvenile Division, that
the delinquent minor has 
successfully completed the program.

(Source: P.A. 89-302, eff. 8-11-95; 89-626, eff. 8-9-96; 
89-689, eff.
12-31-96; 90-256, eff. 1-1-98.)


 
    Section 11. The County Shelter Care and Detention Home Act 
is amended  by changing Sections 2 and 9.1 as follows:
 



    (55 ILCS 75/2)  (from Ch. 23, par. 2682)


    Sec. 2. Each county shelter care home and detention home 
authorized and
established by this Act shall comply with 
minimum standards established by
the Department of Juvenile 
Justice
Corrections.  No neglected or abused minor, addicted

minor, dependent minor or minor requiring authoritative 
intervention, as
defined in the Juvenile Court Act of 1987, or 
minor alleged to be such,
may be detained in any county 
detention home.

(Source: P.A. 85-1209.)


 



    (55 ILCS 75/9.1)  (from Ch. 23, par. 2689.1)


    Sec. 9.1. (a) Within 6 months after the effective date of 
this amendatory
Act of 1979, all county detention homes or 
independent sections thereof
established prior to such 
effective date shall be designated as either shelter
care or 
detention homes or both, provided physical arrangements are 
created
clearly separating the two, in accordance with their 
basic physical features,
programs and functions, by the 
Department of Juvenile Justice
Corrections in cooperation
with 
the Chief Judge of the Circuit Court and the county board.  
Within
one year after receiving notification of such 
designation by the Department
of Juvenile Justice
Corrections, 
all county shelter care homes and detention homes shall
be in 
compliance with this Act.

    (b) Compliance with this amendatory Act of 1979 shall not 
affect the
validity of any prior referendum or the levy or 
collection of any tax
authorized under this Act.  All county 
shelter care homes and detention
homes established and in 
operation on the effective date of this amendatory
Act of 1979 
may continue to operate, subject to the provisions of this

amendatory Act of 1979, without further referendum.

    (c) Compliance with this amendatory Act of 1987 shall not 
affect the
validity of any prior referendum or the levy or 
collection of any tax
authorized under this Act.  All county 
shelter care homes and detention
homes established and in 
operation on the effective date of this amendatory
Act of 1987 
may continue to operate, subject to the provisions of this

amendatory Act of 1987, without further referendum.

(Source: P.A. 85-637.)



 
    Section 15. The School Code is amended by changing Sections 
2-3.13a, 13-40, 13-41, 13-42, 13-43.8, 13-43.11, 13-43.18, 
13-43.19, 13-43.20, 13-44, 13-44.3, 13-44.5, 13-45, 13B-20.15, 
13B-35.5, and 13B-35.10 and the heading preceding Section 13-40 
as follows:

 



    (105 ILCS 5/2-3.13a)  (from Ch. 122, par. 2-3.13a)


    Sec. 2-3.13a. School records; transferring students. 

    (a) The State
Board of Education shall establish and 
implement rules requiring all of the
public schools and all 
private or nonpublic elementary and secondary
schools located 
in this State, whenever any such school has a student who
is 
transferring to any other public elementary or secondary school 
located in
this or in any other state, to forward within 10 
days of notice of the
student's transfer an unofficial record 
of that student's grades to the school
to which such student is 
transferring.  Each public school at the same time
also shall 
forward to the school to which the student is transferring the

remainder of the student's school student records as required 
by the Illinois
School Student Records Act.
In addition, if a 
student is transferring from a public school, whether
located 
in this or any other state, from which the
student has been 
suspended or expelled for knowingly possessing in a school

building or on school grounds a weapon as defined in the Gun 
Free Schools Act
(20 U.S.C. 8921 et seq.), for knowingly 
possessing, selling, or delivering in
a school building or on 
school grounds a controlled substance or cannabis, or
for 
battering a staff member of the school, and
if the period of 
suspension or expulsion has not expired at the time the
student 
attempts to transfer into another public school in the same or 
any
other school district: (i) any school student records 
required to be
transferred shall include the date and duration 
of the period of suspension or
expulsion; and (ii) with the 
exception of transfers into the Department of
Juvenile Justice

Corrections school district, the student shall not be permitted 
to attend
class in the
public school into which he or she is 
transferring until the student has served
the entire period of 
the suspension or expulsion imposed by the school from
which 
the student is transferring, provided that the school board may 
approve
the placement of the student in an alternative school 
program established under
Article 13A of this Code.
A school 
district may adopt a policy providing that if a student is

suspended or expelled for any reason from any public or private 
school in
this or any other state, the student must complete 
the entire term of the
suspension or expulsion before being 
admitted into the school district.
This policy may allow 
placement of the student in an alternative school
program 
established under Article 13A of this Code, if available, for 
the
remainder of
the suspension or expulsion.
Each public 
school
and each private or nonpublic elementary or secondary 
school in this State
shall within 10 days after the student has 
paid all of his or her
outstanding fines and fees and at its 
own expense forward an official
transcript of the scholastic 
records of each student transferring from that
school in strict 
accordance with the provisions of this Section and the rules

established by the State Board of Education as herein provided.

    (b) The State Board of Education shall develop a one-page 
standard form that
Illinois school districts are required to 
provide to any student who is
moving out of
the school district 
and that
contains the information about whether or not the

student is "in good standing" and whether or not his or her 
medical records are
up-to-date and complete.  As used in this 
Section, "in good standing" means
that the student is not being 
disciplined by a suspension or expulsion, but is
entitled to 
attend classes.  No school district is required to admit a new

student who is transferring from another Illinois school 
district unless he
or she can produce the standard form from 
the student's
previous school district enrollment.
 No school 
district is required to admit a new student who is transferring

from an out-of-state public school unless the parent or 
guardian of the
student certifies in writing that the student 
is not currently serving a
suspension or expulsion imposed by 
the school from which the student is
transferring.

    (c) The State Board of Education shall, by rule, establish 
a system to provide for the accurate tracking of transfer 
students.  This system shall, at a minimum, require that a 
student be counted as a dropout in the calculation of a 
school's or school district's annual student dropout rate 
unless the school or school district to which the student 
transferred (known hereafter in this subsection (c) as the 
transferee school or school district) sends notification to the 
school or school district from which the student transferred 
(known hereafter in this subsection (c) as the transferor 
school or school district) documenting that the student has 
enrolled in the transferee school or school district.  This 
notification must occur within 150 days after the date the 
student withdraws from the transferor school or school district 
or the student shall be counted in the calculation of the 
transferor school's or school district's annual student 
dropout rate.  A request by the transferee school or school 
district to the transferor school or school district seeking 
the student's academic transcripts or medical records shall be 
considered without limitation adequate documentation of 
enrollment.  Each transferor school or school district shall 
keep documentation of such transfer students for the minimum 
period provided in the Illinois School Student Records Act.  All 
records indicating the school or school district to which a 
student transferred are subject to the Illinois School Student 
Records Act.

(Source: P.A. 92-64, eff. 7-12-01; 93-859, eff. 1-1-05.)

 

    (105 ILCS 5/prec. Sec. 13-40 heading)
DEPARTMENT OF  JUVENILE JUSTICE 
 CORRECTIONS  SCHOOL  DISTRICT 

DISTRICTS



 



    (105 ILCS 5/13-40)  (from Ch. 122, par. 13-40)


    Sec. 13-40. To increase the effectiveness of the Department 
of
Juvenile Justice
Corrections and
thereby to better serve the 
interests of the people of Illinois the
following bill is 
presented.

    Its purpose is to enhance the quality and scope of 
education for
inmates and wards within the Department of

Juvenile Justice
Corrections so that they will
be better 
motivated and better equipped to restore themselves to

constructive and law abiding lives in the community. The 
specific
measure sought is the creation of a school district 
within the
 Department so that its educational programs can meet 
the needs of
persons committed and so the resources of public 
education at the state
and federal levels are best used, all of 
the same being contemplated
within the provisions of the 
Illinois State Constitution of 1970 which
provides that "A 
fundamental goal of the People of the State is the
educational 
development of all persons to the limits of their
capacities." 
Therefore, on July 1, 2006
July 1, 1972, the
a Department of

Corrections
school district shall be transferred to the 
Department of Juvenile Justice.  It shall be responsible
is 
established for the education of youth
inmates and wards
within 
the Department of
Juvenile Justice and inmates age 21 or under 
within the Department of Corrections who have not yet earned a 
high school diploma or a General Educational Development (GED) 
certificate
Corrections  and the said district may establish

primary, secondary, vocational, adult, special and advanced 
educational
schools as provided in this Act. The Department of 
Corrections retains authority as provided for in subsection (d) 
of Section 3-6-2 of the Unified Code of Corrections. The
Board 
of Education for this district shall with the aid and advice of

professional educational personnel of the Department of

Juvenile Justice
Corrections and
the State Board of Education 
determine the
needs and type of schools and the curriculum for 
each school within the
school district and may proceed to 
establish the same through existing
means within present and 
future appropriations, federal and state school
funds, 
vocational rehabilitation grants and funds and all other funds,

gifts and grants, private or public, including federal funds, 
but not
exclusive to the said sources but inclusive of all 
funds which might be
available for school purposes. The school 
district shall first organize
a school system for the Adult 
Division of the Department of Corrections
to go into effect 
July 1, 1972. A school system for the
Juvenile
Division shall 
subsequently be organized and put into effect under this
school 
district at such time as the school board shall determine

necessary.

(Source: P.A. 81-1508.)

 



    (105 ILCS 5/13-41)  (from Ch. 122, par. 13-41)


    Sec. 13-41. The Board of Education for this school district 
shall be composed of
the Director of the Department of Juvenile 
Justice
Corrections, the Assistant Director of
the Juvenile

Division and the Assistant Director of the Adult Division
of

said Department. Of the remaining members, 2 members
shall be 
appointed by
the Director of the Department of Juvenile Justice

Corrections and 4 members
shall be appointed
by the State Board 
of Education,
at least one of whom shall
have knowledge of, or 
experience in, vocational education and one of
whom shall have 
knowledge of, or experience in, higher and continuing

education. All
Subsequent to the initial appointments all 
members of the
Board shall hold office for a period of 3 years, 
except that members shall continue to serve until their 
replacements are appointed. One of the initial
appointees of 
the Director of the Department of Corrections and the
State 
Board of Education shall
be for a one-year term. One
of the 
initial appointees of the State Board of Education
shall be for 
a two-year term. The remaining initial appointees shall
serve 
for a three-year term. Vacancies shall be filled in like manner

for the unexpired balance of the term. The members appointed 
shall be
selected so far as is practicable on the basis of 
their knowledge of, or
experience in, problems of education in 
correctional, vocational and
general educational institutions. 
Members shall serve without
compensation, but shall be 
reimbursed for reasonable expenses incurred
in the performance 
of their duties.

(Source: P.A. 81-1508.)

 



    (105 ILCS 5/13-42)  (from Ch. 122, par. 13-42)


    Sec. 13-42. The President of the Board of Education shall 
be the Director of the
Department of Juvenile Justice shall be 
the President of the Board of Education
Corrections and the 
Secretary of said Board of Education
shall be designated at the 
first regular meeting of said Board of
Education. The Board 
shall hold regular meetings upon the call of the
Chairman or 
any 3 members at such times as they may designate so long as

they meet at least 6 times a year. Public notice of meetings 
must be
given as prescribed in Sections 2.02 and 2.03 of "An 
Act in relation to
meetings", approved July 11, 1957, as 
heretofore or hereafter amended.
No official business shall be 
transacted by the Board except at a
regular or special meeting. 
A majority of said Board shall constitute a
quorum.

    The Board shall keep a record of the official acts of the 
Board and
shall make reports as required by the State Board of 
Education and any
reports required which shall be applicable to 
this
type of school district and specifically shall maintain 
records to
substantiate all district claims for State aid in 
accordance with
regulations prescribed by the State Board of 
Education and to retain
such records for a period of three 
years.

    The Board of Education may have its organizational meeting 
at any
time after July 1, 1972, then fixing a time and place 
for regular
meetings. It shall then enter upon the discharge of 
its duties. However,
for the purpose of planning, and 
organizing said District, the
Department of Corrections shall 
have authority to act after passage and
approval of this Act.

    The Board shall be supplied such clerical employee or 
employees as
are necessary for the efficient operation by the 
Department of
Juvenile Justice
Corrections.

(Source: P.A. 81-1508.)


 



    (105 ILCS 5/13-43.8)  (from Ch. 122, par. 13-43.8)


    Sec. 13-43.8. To enter agreements with school districts, 
private junior colleges and
public community
colleges, and 
public
and private colleges and universities for the purpose of 
providing advanced
vocational training of students who desire 
preparation for a trade. Such
program would utilize private 
junior college and public community
college facilities
with 
transportation to and
from those facilities provided by the 
participating school district, or by
the participating school 
district in conjunction with other school
districts. The 
duration of the advanced vocational training program shall
be 
such period as the school district may approve, but it may not 
exceed 2
years. Participation in the program is accorded the 
same credit toward a
high school diploma as time spent in other 
courses. If a student of this
school district, because of his 
educational needs, attends a class or
school in another school 
district or educational facility, the Department of Juvenile 
Justice School District
Corrections
school district where he 
resides shall be granted the proper permit,
provide any 
necessary transportation, and pay to the school district or

educational facility maintaining the educational facility the 
proportional
per capita cost of educating such student.

(Source: P.A. 82-622.)


 



    (105 ILCS 5/13-43.11)  (from Ch. 122, par. 13-43.11)


    Sec. 13-43.11. 

    Subject to the rules and regulations of the Department of 
Juvenile Justice
Corrections
and the laws and statutes 
applicable, the Board shall have the power and
the authority to 
assign to schools within the district and to expel or
suspend 
pupils for disciplinary purposes or to assign or reassign them 
as
the needs of the district or the pupil shall be determined 
best. Once a
student commences a course of training he shall 
attend all sessions unless
restricted by illness, a reasonable 
excuse or by direction of the
Department of Juvenile Justice

Corrections or the facility at which he is located.
Conferences 
shall be held at regular periodic intervals with the ward or

the inmate and the school district authorities and facility 
officials shall
determine the extent the ward or inmate is 
benefiting from the particular
program, and shall further 
determine whether the said ward or inmate shall
continue in the 
program to which he is assigned or be dropped from the same
or 
be transferred to another program more suited to his needs or 
the school
district's needs.

(Source: P.A. 77-1779.)


 



    (105 ILCS 5/13-43.18)  (from Ch. 122, par. 13-43.18)


    Sec. 13-43.18. To develop through consultation with the 
staff of the Department of
Juvenile Justice
Corrections and the 
staff of the State Board of Education educational
goals and 
objectives for the correctional
education programs planned for 
or conducted by the district, along with
the methods for 
evaluating the extent to which the goals and objectives
are or 
have been achieved and to develop by July 1, 1973, a complete

financial control system for all educational funds and programs 
operated
by the school district.

(Source: P.A. 81-1508.)

 



    (105 ILCS 5/13-43.19)  (from Ch. 122, par. 13-43.19)


    Sec. 13-43.19. 

    To develop and annually revise an educational plan for 
achieving the
goals and objectives called for in Section
Sec. 
13-43.18 for both the Adult and
Juvenile Divisions of the 
Department of Juvenile Justice
Corrections with specific

recommendations for inmate educational assessment, curriculum, 
staffing and
other necessary considerations.

(Source: P.A. 77-1779.)

 



    (105 ILCS 5/13-43.20)  (from Ch. 122, par. 13-43.20)


    Sec. 13-43.20. To develop a method or methods for 
allocating state funds to the
Board for expenditure within the 
various divisions and/or for programs
conducted by the Board, 
and to annually determine the average per capita
cost of 
students in the Department of Juvenile Justice
Juvenile 
Division and the average per capita
cost of students in the 
Department of Corrections
Adult Division for education classes 
and/or
programs required to accomplish the educational goals 
and objectives and
programs specified in Sections 13-43.18 and 
13-43.19
and recommend to
the State Board of Education
by July 
15 of each year the per
capita amount necessary to operate the 
Department of Juvenile Justice School District's
correction 
school district's
educational program for the following fiscal 
year.

(Source: P.A. 81-1508.)


 



    (105 ILCS 5/13-44)  (from Ch. 122, par. 13-44)


    Sec. 13-44. 

    Other provisions, duties and conditions of the Department 
of Juvenile Justice
Corrections
 School District are set out in 
Sections 13-44.1 through 13-44.5.

(Source: P.A. 77-1779.)


 



    (105 ILCS 5/13-44.3)  (from Ch. 122, par. 13-44.3)


    Sec. 13-44.3. In order to fully carry out the purpose of 
this Act, the
School District through its Board or designated 
supervisory personnel,
with the approval of the Director of the 
Department of Juvenile Justice
Corrections, may
authorize 
field trips outside of the particular institution or facility

where a school is established and may remove students therefrom 
or may with the
approval of the Director of the Department of 
Juvenile Justice
Corrections transfer inmates
and wards to 
other schools and other facilities where particular subject

matter or facilities are more suited to or are needed to 
complete the
inmates' or wards' education. The Assistant

Director of the Adult
Division of the Department of Juvenile 
Justice
Corrections or the Assistant Director of the
Juvenile

Division may authorize an educational furlough for an inmate or

ward to attend institutions of higher education, other schools, 
vocational
or technical schools or enroll and attend classes in 
subjects not available
within the School District, to be 
financed by the inmate or ward or any
grant or scholarship 
which may be available,
including school aid funds of any kind 
when approved by the Board and the
Director of the Department.

    The Department of Juvenile Justice
Corrections may extend 
the limits of the place of
confinement of an inmate or ward 
under the above
conditions and for the above purposes, to leave 
for the aforesaid reasons,
the confines of such place, 
accompanied or unaccompanied, in the discretion
of the Director 
of such Department by a custodial agent or educational

personnel.

    The willful failure of an inmate or ward to remain within 
the extended
limits of his or her confinement or to return 
within the time prescribed to the
place of confinement 
designated by the Department of Corrections or the Department 
of Juvenile Justice in
granting such extension or when ordered 
to return by the custodial personnel or
the educational 
personnel or other departmental order shall be deemed an
escape 
from the custody of such Department and punishable as provided 
in
the Unified Code of Corrections as to the Department of 
Corrections
Adult
Division inmates, and the applicable 
provision of the Juvenile Court Act
of 1987 shall apply to 
wards of the
Department of Juvenile Justice
Division who might 
abscond.

(Source: P.A. 85-1209; 86-1475.)


 



    (105 ILCS 5/13-44.5)  (from Ch. 122, par. 13-44.5)


    Sec. 13-44.5. 

    In all cases where an inmate or ward is to leave the 
institution or
facility where he or she is confined for 
educational furloughs, vocational
training, for field trips or 
for any other reason herein stated, authority
must first be 
granted by the Department of Juvenile Justice
Corrections and 
the said
authority shall be discretionary with the Department 
of Juvenile Justice
Corrections. The
question of whether or not 
the said inmate or ward or group of inmates or
wards shall be 
accompanied or not accompanied by security personnel,

custodial agent or agents or only educational personnel shall 
be in the
discretion of the Department of Juvenile Justice

Corrections. All transfers must be approved
by the Department 
of Juvenile Justice
Corrections.

(Source: P.A. 77-1779.)


 



    (105 ILCS 5/13-45)  (from Ch. 122, par. 13-45)


    Sec. 13-45. 

    Other provisions of this Code shall not apply to the 
Department of Juvenile Justice
Corrections School District 
being all of the following Articles and
Sections: Articles 7, 
8, 9, those sections of Article 10 in conflict with
any 
provisions of Sections 13-40 through 13-45, and Articles 11, 
12, 15,
17, 18, 19, 19A, 20, 22, 24, 26, 31, 32, 33, 34, 35. 
Also Article 28 shall
not apply except that this School 
District may use any funds available from
State, Federal and 
other funds for the purchase of textbooks, apparatus and

equipment.

(Source: P.A. 77-1779.)


 



    (105 ILCS 5/13B-20.15)


    Sec. 13B-20.15. Other eligible providers of alternative 
learning
opportunities.  School districts
may contract with 
health, mental health, or human service organizations,

workforce development
boards or agencies, juvenile court 
services, juvenile justice agencies,
juvenile detention 
programs,
programs operated by the Department of Juvenile 
Justice
Corrections, or other appropriate
agencies or 
organizations
to serve students whose needs are not being met 
in the regular school program
by providing
alternative learning 
opportunities.

(Source: P.A. 92-42, eff. 1-1-02.)

 



    (105 ILCS 5/13B-35.5)


    Sec. 13B-35.5. Local governance; cooperative agreements. 
For an
alternative learning
opportunities program operated 
jointly or offered under contract, the local
governance of the 
program
shall be established by each local school board through 
a cooperative or
intergovernmental agreement with other school 
districts.
Cooperative agreements may be established among 
regional offices of education,
public community
colleges, 
community-based organizations, health and human service 
agencies,
youth service
agencies, juvenile court services, the 
Department of Juvenile Justice
Corrections, and other

non-profit or for-profit
education or support service 
providers as appropriate.  Nothing contained in
this Section 
shall prevent a
school district, regional office of education, 
or intermediate service center
from forming a cooperative
for 
the purpose of delivering an alternative learning 
opportunities program.

(Source: P.A. 92-42, eff. 1-1-02.)

 



    (105 ILCS 5/13B-35.10)


    Sec. 13B-35.10. Committee of Cooperative Services. The 
State
Superintendent of Education
shall convene a State-level 
Committee of Cooperative Services.  The Committee
shall include

representatives of the following agencies and organizations, 
selected by their
respective heads: the
Office of the Governor, 
the State Board of Education, the Illinois Association
of 
Regional
Superintendents of Schools, the Chicago Public 
Schools, the Intermediate
Service Centers, the State
Teacher 
Certification Board, the Illinois Community College Board, the

Department of Human
Services, the Department of Children and 
Family Services, the Illinois
Principals Association, the 
Illinois
Education Association, the
Illinois Federation of 
Teachers, the Illinois Juvenile Justice Commission, the
Office 
of the Attorney
General, the Illinois Association of School 
Administrators, the Administrative
Office of the Illinois

Courts, the Department of Juvenile Justice
Corrections, 
special education advocacy
organizations, and
non-profit and

community-based organizations, as well as
parent 
representatives and child advocates designated by the State

Superintendent of
Education.

(Source: P.A. 92-42, eff. 1-1-02.)


 
    Section 16. The Child Care Act of 1969 is amended  by 
changing Section 2.22 as follows:
 



    (225 ILCS 10/2.22)


    Sec. 2.22. "Secure child care facility" means any child 
care facility
licensed by the Department to provide secure 
living arrangements for children
under 18 years of age who are 
subject to placement in facilities under the
Children and 
Family Services Act and who are not subject to placement in

facilities for whom standards are established by the Department 
of Juvenile Justice
Corrections
under Section 3-15-2 of the 
Unified Code of Corrections and which comply with
the 
requirements of this Act and applicable rules of the Department 
and which
shall be consistent with requirements established for 
child residents of mental
health facilities under the Juvenile 
Court Act of 1987 and the Mental Health
and Developmental 
Disabilities Code.
"Secure child care facility" also means a

facility that is designed and operated to ensure that all 
entrances and exists
from the facility, a building, or a 
distinct part of the building are under the
exclusive control 
of the staff of the facility, whether or not the child has
the 
freedom of movement within the perimeter of the facility, 
building, or
distinct part of the building.

(Source: P.A. 90-608, eff. 6-30-98.)



 
    Section 17. The Illinois Public Aid Code is amended  by 
changing Section 12-10.4 as follows:
 



    (305 ILCS 5/12-10.4)


    Sec. 12-10.4. Juvenile Rehabilitation Services Medicaid 
Matching Fund. 
There is created in the State Treasury the 
Juvenile Rehabilitation Services
Medicaid Matching Fund.  
Deposits to this Fund shall consist of all moneys
received from 
the federal government for behavioral health services secured 
by
counties under the Medicaid Rehabilitation Option pursuant 
to Title XIX of the
Social Security Act or under the Children's 
Health Insurance Program pursuant
to the Children's Health 
Insurance Program Act and Title XXI of the Social
Security Act 
for minors who are committed to mental health facilities by the

Illinois court system and for residential placements secured by 
the
Department of Juvenile Justice
Corrections for minors as a 
condition of their parole.

    Disbursements from the Fund shall be made, subject to 
appropriation, by the
Illinois Department of Public Aid for 
grants to the Department of Juvenile Justice
Corrections
and 
those counties which secure behavioral health services ordered 
by the
courts and which have an interagency agreement with the 
Department and submit
detailed bills according to standards 
determined by the Department.

(Source: P.A. 90-587, eff. 7-1-98; 91-266, eff. 7-23-99; 
91-712, eff. 7-1-00.)



 
    Section 18. The Children's Mental Health Act of 2003 is 
amended  by changing Section 5 as follows:
 



    (405 ILCS 49/5)


    Sec. 5. Children's Mental Health Plan. 

    (a) The State of Illinois shall develop a Children's Mental 
Health Plan
containing short-term and long-term 
recommendations to provide
comprehensive, coordinated mental

health prevention, early intervention, and treatment services 
for children from
birth through age 18. This Plan
shall include 
but not be limited to:


        (1) Coordinated provider services and interagency 
    referral networks for
children from birth through age 18 to 
    maximize resources and
minimize duplication of services.


        (2) Guidelines for incorporating social and emotional 
    development into
school learning standards and educational 
    programs, pursuant to
Section 15 of this Act.


        (3) Protocols for implementing screening and 
    assessment of children prior
to any admission to an 
    inpatient hospital for psychiatric services,
pursuant to 
    subsection (a) of Section 5-5.23 of the Illinois Public Aid

    Code.


        (4) Recommendations regarding a State budget for 
    children's mental
health prevention, early intervention, 
    and treatment across all State
agencies.


        (5) Recommendations for State and local mechanisms for 
    integrating
federal, State, and local
funding sources for 
    children's mental health.


        (6) Recommendations for building a qualified and 
    adequately trained
workforce prepared to provide mental 
    health services for children
from birth through age 18 and 
    their families.


        (7) Recommendations for facilitating research on best 
    practices and
model programs, and dissemination of this 
    information to Illinois
policymakers, practitioners, and 
    the general public through training,
technical assistance, 
    and educational materials.


        (8) Recommendations for a comprehensive, multi-faceted 
    public
awareness campaign to reduce the stigma of mental 
    illness and
educate families, the general public, and other 
    key audiences about the
benefits of children's social and 
    emotional development, and how to
access services.


        (9) Recommendations for creating a quality-driven 
    children's mental
health system with shared accountability 
    among key State agencies
and programs that conducts ongoing 
    needs assessments, uses outcome
indicators and benchmarks 
    to measure progress, and implements
quality data tracking 
    and reporting systems.

    (b) The Children's Mental Health Partnership (hereafter 
referred to as "the
Partnership") is created. The Partnership 
shall have the responsibility of
developing and monitoring the 
implementation of the Children's Mental
Health Plan as approved 
by the Governor. The Children's Mental Health
Partnership shall 
be comprised of: the Secretary of Human Services or his or
her 
designee; the State Superintendent of Education or his or her

designee; the directors of the departments of Children and 
Family
Services, Public Aid, Public Health, and Juvenile 
Justice
Corrections, or their
designees;
the head of the 
Illinois Violence Prevention Authority, or his or her
designee; 
the Attorney General or his or her designee; up to 25

representatives of community mental health authorities and 
statewide mental
health, children and family advocacy,
early 
childhood, education, health, substance abuse, violence 
prevention,
and juvenile justice organizations or 
associations, to be appointed by the
Governor; and 2 members of 
each caucus of the House of
Representatives and Senate 
appointed by the Speaker of the House of
Representatives and 
the President of the Senate, respectively. The
Governor shall 
appoint the Partnership Chair and shall designate a
Governor's 
staff liaison to work with the Partnership.

    (c) The Partnership shall submit a Preliminary Plan to the 
Governor on
September 30, 2004 and shall submit the Final Plan 
on June 30, 2005.
Thereafter, on September 30 of each year, the 
Partnership shall submit an
annual report to the Governor on 
the progress of Plan implementation
and recommendations for 
revisions in the Plan.
The Final Plan and annual reports 
submitted in subsequent years shall include
estimates of 
savings achieved in prior fiscal years under subsection (a) of

Section
5-5.23 of the Illinois Public Aid Code and federal 
financial participation
received under subsection (b) of

Section 5-5.23 of that Code.  The Department of Public Aid shall 
provide
technical assistance in developing these estimates and 
reports.

(Source: P.A. 93-495, eff. 8-8-03.)



 
    Section 19. The Circuit Courts Act is amended  by changing 
Section 2b as follows:
 



    (705 ILCS 35/2b)  (from Ch. 37, par. 72.2b)


    Sec. 2b. 

    In addition to the number of circuit judges authorized 
under Section 2
or Section 2a, whichever number is greater, one 
additional circuit judge
shall be elected in each circuit, 
other than Cook County, having a
population of 230,000 or more 
inhabitants in which there is included a
county containing a 
population of 200,000 or more inhabitants and in which
circuit 
there is situated one or more State colleges or universities 
and
one or more State Mental Health Institutions and two or 
more State
Institutions for Juvenile Offenders under the 
authority of the Illinois
Department of Juvenile Justice

Corrections, each of which institutions has been in existence

for more than 20 years on the effective date of this amendatory 
Act of
1970.

(Source: P.A. 76-2022.)



 
    Section 20. The Juvenile Court Act of 1987 is amended  by 
changing Sections 5-130, 5-705, 5-710, 5-750, 5-815, 5-820, 
5-901, 5-905, and 5-915 as follows:
 



    (705 ILCS 405/5-130)


    Sec.  5-130. Excluded jurisdiction. 

    (1) (a) The definition of delinquent minor under Section 
5-120 of this
Article shall not apply to any minor who at the 
time of an offense was at
least 15 years of age and who is 
charged with: (i) first degree murder, (ii) aggravated
criminal 
sexual assault, (iii) aggravated battery with a firearm
where 
the minor personally discharged a firearm as defined in Section 
2-15.5 of the Criminal Code of 1961, (iv) armed robbery when 
the
armed robbery was committed with a firearm, or (v)

aggravated vehicular hijacking
when the hijacking was 
committed with a firearm.

    These charges and all other charges arising out of the same 
incident shall
be prosecuted under the criminal laws of this 
State.

    (b) (i) If before trial or plea an information or 
indictment is filed that
does not charge an offense specified 
in paragraph (a) of this subsection
(1) the State's Attorney 
may proceed on any lesser charge or charges, but
only in 
Juvenile Court under the provisions of this Article.  The 
State's
Attorney may proceed under the Criminal Code of 1961 on 
a lesser charge if
before trial the minor defendant knowingly 
and with advice of counsel waives,
in writing, his or her right 
to have the matter proceed in Juvenile Court.

    (ii) If before trial or plea an information or indictment 
is filed that
includes one or more charges specified in 
paragraph (a) of this subsection
(1) and
additional charges 
that are not specified in that paragraph, all of the charges

arising out of the same incident shall be prosecuted under the 
Criminal Code of
1961.

    (c) (i) If after trial or plea the minor is convicted of 
any offense
covered by paragraph (a) of this subsection (1), 
then, in sentencing the minor,
the court shall have available 
any or all dispositions prescribed for that
offense under 
Chapter V of the Unified Code of Corrections.

    (ii) If after trial or plea the court finds that the minor 
committed an
offense not covered by paragraph (a) of this 
subsection (1), that finding shall
not invalidate the verdict 
or the prosecution of the minor under the criminal
laws of the 
State;  however, unless the State requests a hearing for the

purpose of sentencing the minor under Chapter V of the Unified 
Code of
Corrections, the Court must proceed under Sections 
5-705 and 5-710 of this
Article.  To request a hearing, the 
State must file a written motion within 10
days following the 
entry of a finding or the return of a verdict.  Reasonable

notice of the motion shall be given to the minor or his or her 
counsel.
If the motion is made by the State, the court shall 
conduct a hearing to
determine if the minor should be sentenced 
under Chapter V of the Unified Code
of Corrections.  In making 
its determination, the court shall consider among
other 
matters: (a) whether there is
evidence that the offense was 
committed in an aggressive and premeditated
manner; (b) the age 
of the minor; (c) the previous history of the
minor; (d) 
whether there are facilities particularly available to the 
Juvenile
Court or the Department of Juvenile Justice

Corrections, Juvenile Division, for the treatment
and 
rehabilitation of the minor; (e) whether
the security of the 
public requires sentencing under Chapter V of the
Unified Code 
of Corrections; and (f) whether the minor possessed a deadly

weapon when committing the offense.  The rules of evidence shall 
be the same as
if at trial.  If after the hearing the court 
finds that the minor should be
sentenced under Chapter V of the 
Unified Code of Corrections, then the court
shall sentence the 
minor accordingly having available to it any or all

dispositions so prescribed.

    (2) (Blank). or an offense under the Methamphetamine 
Control and Community Protection Act

    (3) (a) The definition of delinquent minor under Section

5-120 of this
Article shall not apply to any minor who at the 
time of the offense was at
least 15 years of age and who is 
charged with a violation of the provisions of
paragraph (1), 
(3), (4), or (10) of subsection (a) of Section 24-1 of the

Criminal Code of 1961 while in school, regardless of the time 
of day or the
time of year, or on the real property comprising 
any school, regardless of the
time of day or the time of year.  
School is defined, for purposes of this
Section as any public 
or private elementary or secondary school, community
college, 
college, or university.  These charges and all other charges 
arising
out of the same incident shall be prosecuted under the 
criminal laws of this
State.

    (b) (i) If before trial or plea an information or 
indictment is filed that
does not charge an offense specified 
in paragraph (a) of this subsection (3)
the State's Attorney 
may proceed on any lesser charge or charges, but only in

Juvenile Court under the provisions of this Article.  The 
State's Attorney may
proceed under the criminal laws of this 
State on a lesser charge if before
trial the minor defendant 
knowingly and with advice of counsel waives, in
writing, his or 
her right to have the matter proceed in Juvenile Court.

    (ii) If before trial or plea an information or indictment 
is filed that
includes one or more charges specified in 
paragraph (a) of this subsection (3)
and additional charges 
that are not specified in that paragraph, all of the
charges 
arising out of the same incident shall be prosecuted under the 
criminal
laws of this State.

    (c) (i) If after trial or plea the minor is convicted of 
any offense
covered by paragraph (a) of this subsection (3), 
then, in sentencing the minor,
the court shall have available 
any or all dispositions prescribed for that
offense under 
Chapter V of the Unified Code of Corrections.

    (ii) If after trial or plea the court finds that the minor 
committed an
offense not covered by paragraph (a) of this 
subsection (3), that finding shall
not invalidate the verdict 
or the prosecution of the minor under the criminal
laws of the 
State;  however, unless the State requests a hearing for the

purpose of sentencing the minor under Chapter V of the Unified 
Code of
Corrections, the Court must proceed under Sections 
5-705 and 5-710 of this
Article.  To request a hearing, the 
State must file a written motion within 10
days following the 
entry of a finding or the return of a verdict.  Reasonable

notice of the motion shall be given to the minor or his or her 
counsel.  If the
motion is made by the State, the court shall 
conduct a hearing to determine if
the minor should be sentenced 
under Chapter V of the Unified Code of
Corrections.  In making 
its determination, the court shall consider
among other 
matters: (a) whether there is
evidence that the offense was 
committed in an aggressive and premeditated
manner; (b) the age 
of the minor; (c) the previous history of the
minor; (d) 
whether there are facilities particularly available to the 
Juvenile
Court or the Department of Juvenile Justice

Corrections, Juvenile Division, for the treatment
and 
rehabilitation of the minor; (e) whether
the security of the 
public requires sentencing under Chapter V of the
Unified Code 
of Corrections; and (f) whether the minor possessed a deadly

weapon when committing the offense.  The rules of evidence shall 
be the same as
if at trial.  If after the hearing the court 
finds that the minor should be
sentenced under Chapter V of the 
Unified Code of Corrections, then the court
shall sentence the 
minor accordingly having available to it any or all

dispositions so prescribed.

    (4) (a) The definition of delinquent minor under Section 
5-120 of this
Article
shall not apply to any minor who at the 
time of an offense was at least 13
years of age and who is 
charged with first degree murder committed during the
course of 
either aggravated criminal sexual assault, criminal sexual 
assault,
or aggravated kidnaping.  However, this subsection (4) 
does not include a minor
charged with first degree murder based 
exclusively upon the accountability
provisions of the Criminal 
Code of 1961.

    (b) (i) If before trial or plea an information or 
indictment is filed that
does not charge first degree murder 
committed during the course of aggravated
criminal sexual 
assault, criminal
sexual assault, or aggravated kidnaping, the 
State's Attorney may proceed on
any lesser charge or charges, 
but only in Juvenile Court under the provisions
of this 
Article.  The State's Attorney may proceed under the criminal 
laws of
this State
on a lesser charge if before trial the minor 
defendant knowingly and with
advice of counsel waives, in 
writing, his or her right to have the matter
proceed in 
Juvenile Court.

    (ii) If before trial or plea an information or
indictment 
is filed that includes first degree murder committed during the

course of aggravated criminal sexual assault, criminal sexual 
assault, or
aggravated kidnaping, and additional charges that 
are not specified in
paragraph (a) of this subsection, all of 
the charges arising out of the same
incident shall be 
prosecuted under the criminal laws of this State.

    (c) (i) If after trial or plea the minor is convicted of 
first degree
murder
committed during the course of aggravated 
criminal sexual assault, criminal
sexual assault, or 
aggravated kidnaping, in sentencing the minor, the court
shall 
have available any or all dispositions prescribed for that 
offense under
Chapter V  of the Unified Code of Corrections.

    (ii) If the minor was not yet 15
years of age at the time of 
the offense, and if after trial or plea the court
finds that 
the minor
committed an offense other than first degree murder 
committed during
the course of either aggravated criminal 
sexual assault, criminal sexual
assault, or aggravated 
kidnapping, the finding shall not invalidate the
verdict or the 
prosecution of the minor under the criminal laws of the State;

however, unless the State requests a hearing for the purpose of 
sentencing the
minor under
Chapter V of the Unified Code of 
Corrections, the Court must proceed under
Sections 5-705 and 
5-710 of this Article.  To request a hearing, the State must

file a written motion within 10 days following the entry of a 
finding or the
return of a verdict.  Reasonable notice of the 
motion shall be given to the
minor or his or her counsel.  If 
the motion is made by the State, the court
shall conduct a 
hearing to determine whether the minor should be sentenced

under Chapter V of the
Unified Code of Corrections.  In making 
its determination, the court shall
consider among other 
matters:  (a) whether there is evidence that the offense
was 
committed in an
aggressive and premeditated manner;  (b) the age 
of the minor;  (c) the
previous delinquent history of the minor;  
(d) whether there are facilities
particularly available to the 
Juvenile Court or the Department of Juvenile Justice

Corrections,
Juvenile Division,
for the treatment and 
rehabilitation of the minor;  (e) whether the best
interest of 
the minor and the security of the public require sentencing 
under
Chapter V of the Unified Code of Corrections;  and (f) 
whether the minor
possessed a deadly weapon when committing the 
offense.  The rules of evidence
shall be the same as if at 
trial.  If after the hearing the court finds that
the minor 
should be sentenced under Chapter V of the Unified Code of

Corrections, then the court shall sentence the minor 
accordingly having
available to it any or all dispositions so 
prescribed.

    (5) (a) The definition of delinquent minor under Section 
5-120 of this
Article
shall not apply to any minor who is 
charged with a violation of subsection (a)
of Section 31-6 or 
Section 32-10 of the Criminal Code of 1961 when the minor is

subject to prosecution under the criminal laws of this State as 
a result of the
application of the provisions of Section 5-125, 
or subsection (1) or (2) of
this Section.  These charges and all 
other charges arising out of the same
incident shall be 
prosecuted under the criminal laws of this State.

    (b) (i) If before trial or plea an information or 
indictment is filed that
does not charge an offense specified 
in paragraph (a) of this subsection (5),
the State's Attorney 
may proceed on any lesser charge or charges, but only in

Juvenile Court under the provisions of this Article.  The 
State's Attorney may
proceed under the criminal laws of this 
State on a lesser charge if before
trial the minor defendant 
knowingly and with advice of counsel waives, in
writing, his or 
her right to have the matter proceed in Juvenile Court.

    (ii) If before trial
or plea an information or indictment 
is filed that includes one or more charges
specified in 
paragraph (a) of this subsection (5) and additional charges 
that
are not specified in that paragraph, all of
the charges 
arising out of the same incident shall be prosecuted under the

criminal laws of this State.

    (c) (i) If after trial or plea the minor is convicted of 
any offense
covered
by paragraph (a) of this subsection (5), 
then, in sentencing the minor, the
court shall have available 
any or all dispositions prescribed for that offense
under 
Chapter V  of the Unified Code of Corrections.

    (ii) If after trial or
plea the court finds that the minor 
committed an offense not covered by
paragraph (a) of
this 
subsection (5), the conviction shall not invalidate the verdict 
or the
prosecution of the minor under the criminal laws of this 
State;  however,
unless the State requests a hearing for the

purpose of sentencing the minor under Chapter V of the Unified 
Code of
Corrections, the Court must proceed under Sections 
5-705 and 5-710 of this
Article.
To request a hearing, the 
State must file a written motion within 10 days
following the 
entry of a finding or the return of a verdict.  Reasonable 
notice
of the motion shall be given to the minor or his or her 
counsel.  If the motion
is made by the State, the court shall 
conduct a hearing to determine if whether
the minor should be 
sentenced under Chapter V of the Unified Code of
Corrections.  
In making its determination, the court shall consider among 
other
matters: (a) whether there is evidence that the offense 
was committed in an
aggressive and premeditated manner; (b) the 
age of the minor;  (c) the previous
delinquent history of the 
minor; (d) whether there are facilities particularly
available 
to the Juvenile Court or the Department of Juvenile Justice

Corrections, Juvenile
Division, for the treatment and 
rehabilitation of the minor; (e) whether
the security of the 
public requires sentencing under Chapter V of the Unified
Code 
of Corrections; and (f) whether the minor possessed a deadly 
weapon when
committing the offense.  The rules of evidence shall 
be the same as if at
trial.  If after the hearing the court 
finds that the minor should be sentenced
under Chapter V of the 
Unified Code of Corrections, then the court shall
sentence the 
minor accordingly having available to it any or all 
dispositions
so prescribed.

    (6) The definition of delinquent minor under Section 5-120 
of this Article
shall not apply to any minor who, pursuant to 
subsection (1), or (3) or
Section 5-805, or 5-810, has 
previously been placed under the jurisdiction of
the criminal 
court and has been convicted of a crime under an adult criminal 
or
penal statute. Such a minor shall be subject to prosecution 
under the criminal
laws of this State.

    (7) The procedures set out in this Article for the 
investigation, arrest and
prosecution of juvenile offenders 
shall not apply to minors who are excluded
from jurisdiction of 
the Juvenile Court, except that minors under 17 years of
age 
shall be kept separate from confined adults.

    (8) Nothing in this Act prohibits or limits the prosecution 
of any
minor for an offense committed on or after his or her 
17th birthday even though
he or she is at the time of the 
offense a ward of the court.

    (9) If an original petition for adjudication of wardship 
alleges the
commission by a minor 13 years of age or
over of an 
act that constitutes a crime under the laws of this State,
the 
minor, with the consent of his or her counsel, may, at any time 
before
commencement of the adjudicatory hearing, file with the 
court a motion
that criminal prosecution be ordered and that 
the petition be dismissed
insofar as the act or acts involved 
in the criminal proceedings are
concerned. If such a motion is 
filed as herein provided, the court shall
enter its order 
accordingly.

    (10) If, prior to August 12, 2005 (the effective date of 
Public Act 94-574)
this amendatory Act of the 94th General 
Assembly, a minor is charged with a violation of Section 401 of 
the Illinois Controlled Substances Act under the criminal laws 
of this State, other than a minor charged with a Class X felony 
violation of the
Illinois Controlled
Substances Act or the 
Methamphetamine Control and Community Protection Act, any 
party including the minor or the court sua sponte
may, before 
trial,
move for a hearing for the purpose of trying and 
sentencing the minor as
a delinquent minor. To request a 
hearing, the party must file a motion
prior to trial. 
Reasonable notice of the motion shall be given to all
parties. 
On its own motion or upon the filing of a motion by one of the

parties including the minor, the court shall conduct a hearing 
to
determine whether the minor should be tried and sentenced as 
a
delinquent minor under this Article. In making its 
determination, the
court shall consider among other matters:

    (a) The age of the minor;

    (b) Any previous delinquent or criminal history of the 
minor;

    (c) Any previous abuse or neglect history of the minor;

    (d) Any mental health or educational history of the minor, 
or both; and

    (e) Whether there is probable cause to support the charge, 
whether
the minor is charged through accountability, and 
whether there is
evidence the minor possessed a deadly weapon 
or caused serious
bodily harm during the offense.

    Any material that is relevant and reliable shall be 
admissible at the
hearing.  In
all cases, the judge shall enter 
an order permitting prosecution
under the criminal laws of 
Illinois unless the judge makes a finding
based on a 
preponderance of the evidence that the minor would be
amenable 
to the care, treatment, and training programs available
through 
the facilities of the juvenile court based on an evaluation of

the factors listed in this subsection (10).

(Source: P.A. 94-556, eff. 9-11-05; 94-574, eff. 8-12-05; 
revised 8-19-05.)


 



    (705 ILCS 405/5-705)


    Sec. 5-705. Sentencing hearing; evidence; continuance. 

    (1) At the sentencing hearing, the court shall determine 
whether it is in
the best interests of the minor or the public 
that he or she be made a ward of
the
court, and, if he or she is 
to be made a ward of the court, the court shall
determine
the 
proper disposition best serving the interests of the minor and 
the public.
All evidence helpful in determining these 
questions,
including oral and written reports, may be admitted 
and may be relied upon to
the extent of its probative value, 
even though not competent for the purposes
of the trial.  A 
record of a prior continuance under supervision
under Section 
5-615, whether successfully completed or not, is admissible at

the
sentencing hearing.  No order of commitment to the 
Department of Juvenile Justice
Corrections,
Juvenile Division, 
shall be entered against a minor before a written report of

social investigation, which has been completed within the 
previous 60 days, is
presented to and considered by the court.

    (2) Once a party has been served in compliance with Section 
5-525, no
further service or notice must be given to that party 
prior to proceeding to a
sentencing hearing.  Before
imposing 
sentence the court shall advise the State's Attorney and
the 
parties who are present or their counsel of the factual 
contents and the
conclusions of the reports prepared for the 
use of the court and considered by
it, and afford fair 
opportunity, if requested, to controvert them.  Factual

contents, conclusions, documents and sources disclosed by the 
court under this
paragraph shall not be further disclosed 
without the express approval of the
court.

    (3) On its own motion or that of the State's Attorney, a 
parent, guardian,
legal custodian, or counsel, the court may 
adjourn the hearing for a reasonable
period to receive reports 
or other evidence and, in such event, shall make an
appropriate 
order for detention of
the minor or his or her release from 
detention subject to supervision by the
court
during the period 
of the continuance.  In the event the court shall order

detention hereunder, the period of the continuance shall not 
exceed 30 court
days.  At the end of such time, the court shall 
release the minor from
detention unless notice is served at 
least 3 days prior to the hearing on the
continued date that 
the State will be seeking an extension of the period of

detention, which notice shall state the reason for the request 
for the
extension.  The extension of detention may be for a 
maximum period of an
additional 15 court days or a lesser 
number of days at the discretion of the
court.  However, at the 
expiration of the period of extension, the court shall
release 
the minor from detention if a further continuance is granted.  
In
scheduling
investigations and hearings, the court shall give 
priority to proceedings in
which a minor is in detention or has 
otherwise been removed from his or her
home
before a sentencing 
order has been made. 

    (4) When commitment to the Department of Juvenile Justice

Corrections, Juvenile Division, is
ordered, the court shall 
state the basis for selecting the particular
disposition, and 
the court shall prepare such a statement for inclusion in the

record.

(Source: P.A. 90-590, eff. 1-1-99.)

 



    (705 ILCS 405/5-710)



    Sec. 5-710. Kinds of sentencing orders. 

    (1) The following kinds of sentencing orders may be made in 
respect of
wards of the court:


        (a) Except as provided in Sections 5-805, 5-810, 5-815, 
    a minor who is
found
guilty under Section 5-620 may be:


            (i) put on probation or conditional discharge and 
        released to his or her
parents, guardian or legal 
        custodian, provided, however, that any such minor
who 
        is not committed to the Department of Juvenile Justice

        Corrections, Juvenile Division under
this subsection 
        and who is found to be a delinquent for an offense 
        which is
first degree murder, a Class X felony, or a 
        forcible felony shall be placed on
probation;


            (ii) placed in accordance with Section 5-740, with 
        or without also being
put on probation or conditional 
        discharge;


            (iii) required to undergo a substance abuse 
        assessment conducted by a
licensed provider and 
        participate in the indicated clinical level of care;


            (iv) placed in the guardianship of the Department 
        of Children and Family
Services, but only if the 
        delinquent minor is under 13 years of age;


            (v) placed in detention for a period not to exceed 
        30 days, either as
the
exclusive order of disposition 
        or, where appropriate, in conjunction with any
other 
        order of disposition issued under this paragraph, 
        provided that any such
detention shall be in a juvenile 
        detention home and the minor so detained shall
be 10 
        years of age or older.  However, the 30-day limitation 
        may be extended by
further order of the court for a 
        minor under age 13 committed to the Department
of 
        Children and Family Services if the court finds that 
        the minor is a danger
to himself or others.  The minor 
        shall be given credit on the sentencing order
of 
        detention for time spent in detention under Sections 
        5-501, 5-601, 5-710, or
5-720 of this
Article as a 
        result of the offense for which the sentencing order 
        was imposed.
The court may grant credit on a sentencing 
        order of detention entered under a
violation of 
        probation or violation of conditional discharge under 
        Section
5-720 of this Article for time spent in 
        detention before the filing of the
petition
alleging 
        the violation.  A minor shall not be deprived of credit 
        for time spent
in detention before the filing of a 
        violation of probation or conditional
discharge 
        alleging the same or related act or acts;


            (vi) ordered partially or completely emancipated 
        in accordance with the
provisions of the Emancipation 
        of Minors Act;


            (vii) subject to having his or her driver's license 
        or driving
privileges
suspended for such time as 
        determined by the court but only until he or she

        attains 18 years of age;


            (viii) put on probation or conditional discharge 
        and placed in detention
under Section 3-6039 of the 
        Counties Code for a period not to exceed the period
of 
        incarceration permitted by law for adults found guilty 
        of the same offense
or offenses for which the minor was 
        adjudicated delinquent, and in any event no
longer than 
        upon attainment of age 21; this subdivision (viii) 
        notwithstanding
any contrary provision of the law; or


            (ix) ordered to undergo a medical or other 
        procedure to have a tattoo
symbolizing allegiance to a 
        street gang removed from his or her body.


        (b) A minor found to be guilty may be committed to the 
    Department of
Juvenile Justice
Corrections,
Juvenile 
    Division, under Section 5-750 if the minor is 13 years of 
    age or
older,
provided that the commitment to the 
    Department of Juvenile Justice
Corrections, Juvenile

    Division, shall be made only if a term of incarceration is 
    permitted by law for
adults found guilty of the offense for 
    which the minor was adjudicated
delinquent.  The time during 
    which a minor is in custody before being released
upon the 
    request of a parent, guardian or legal custodian shall be 
    considered
as time spent in detention.


        (c) When a minor is found to be guilty for an offense 
    which is a violation
of the Illinois Controlled Substances 
    Act, the Cannabis Control Act, or the Methamphetamine 
    Control and Community Protection Act  and made
a ward of the 
    court, the court may enter a disposition order requiring 
    the
minor to undergo assessment,
counseling or treatment in 
    a substance abuse program approved by the Department
of 
    Human Services.

    (2) Any sentencing order other than commitment to the 
Department of
Juvenile Justice
Corrections, Juvenile Division, 
may provide for protective supervision under
Section 5-725 and 
may include an order of protection under Section 5-730.

    (3) Unless the sentencing order expressly so provides, it 
does not operate
to close proceedings on the pending petition, 
but is subject to modification
until final closing and 
discharge of the proceedings under Section 5-750.

    (4) In addition to any other sentence, the court may order 
any
minor
found to be delinquent to make restitution, in 
monetary or non-monetary form,
under the terms and conditions 
of Section 5-5-6 of the Unified Code of
Corrections, except 
that the "presentencing hearing" referred to in that
Section

shall be
the sentencing hearing for purposes of this Section.  
The parent, guardian or
legal custodian of the minor may be 
ordered by the court to pay some or all of
the restitution on 
the minor's behalf, pursuant to the Parental Responsibility

Law.   The State's Attorney is authorized to act
on behalf of any 
victim in seeking restitution in proceedings under this

Section, up to the maximum amount allowed in Section 5 of the 
Parental
Responsibility Law.

    (5) Any sentencing order where the minor is committed or 
placed in
accordance
with Section 5-740 shall provide for the 
parents or guardian of the estate of
the minor to pay to the 
legal custodian or guardian of the person of the minor
such 
sums as are determined by the custodian or guardian of the 
person of the
minor as necessary for the minor's needs.  The 
payments may not exceed the
maximum amounts provided for by 
Section 9.1 of the Children and Family Services
Act.

    (6) Whenever the sentencing order requires the minor to 
attend school or
participate in a program of training, the 
truant officer or designated school
official shall regularly 
report to the court if the minor is a chronic or
habitual 
truant under Section 26-2a of the School Code.

    (7) In no event shall a guilty minor be committed to the 
Department of
Juvenile Justice
Corrections, Juvenile Division 
for a period of time in
excess of
that period for which an 
adult could be committed for the same act.

    (8) A minor found to be guilty for reasons that include a 
violation of
Section 21-1.3 of the Criminal Code of 1961 shall 
be ordered to perform
community service for not less than 30 
and not more than 120 hours, if
community service is available 
in the jurisdiction.  The community service
shall include, but 
need not be limited to, the cleanup and repair of the damage

that was caused by the violation or similar damage to property 
located in the
municipality or county in which the violation 
occurred.  The order may be in
addition to any other order 
authorized by this Section.

    (8.5) A minor found to be guilty for reasons that include a 
violation of
Section
3.02 or Section 3.03 of the Humane Care 
for Animals Act or paragraph (d) of
subsection (1) of
Section 
21-1 of
the Criminal Code
of
1961 shall be ordered to undergo 
medical or psychiatric treatment rendered by
a
psychiatrist or 
psychological treatment rendered by a clinical psychologist.

The order
may be in addition to any other order authorized by 
this Section.

    (9) In addition to any other sentencing order, the court 
shall order any
minor found
to be guilty for an act which would 
constitute, predatory criminal sexual
assault of a child, 
aggravated criminal sexual assault, criminal sexual
assault, 
aggravated criminal sexual abuse, or criminal sexual abuse if

committed by an
adult to undergo medical testing to determine 
whether the defendant has any
sexually transmissible disease 
including a test for infection with human
immunodeficiency 
virus (HIV) or any other identified causative agency of

acquired immunodeficiency syndrome (AIDS).  Any medical test 
shall be performed
only by appropriately licensed medical 
practitioners and may include an
analysis of any bodily fluids 
as well as an examination of the minor's person.
Except as 
otherwise provided by law, the results of the test shall be 
kept
strictly confidential by all medical personnel involved in 
the testing and must
be personally delivered in a sealed 
envelope to the judge of the court in which
the sentencing 
order was entered for the judge's inspection in camera.  Acting

in accordance with the best interests of the victim and the 
public, the judge
shall have the discretion to determine to 
whom the results of the testing may
be revealed.  The court 
shall notify the minor of the results of the test for
infection 
with the human immunodeficiency virus (HIV).  The court shall 
also
notify the victim if requested by the victim, and if the 
victim is under the
age of 15 and if requested by the victim's 
parents or legal guardian, the court
shall notify the victim's 
parents or the legal guardian, of the results of the
test for 
infection with the human immunodeficiency virus (HIV).  The 
court
shall provide information on the availability of HIV 
testing and counseling at
the Department of Public Health 
facilities to all parties to whom the
results of the testing 
are revealed.  The court shall order that the cost of
any test 
shall be paid by the county and may be taxed as costs against 
the
minor.

    (10) When a court finds a minor to be guilty the court 
shall, before
entering a sentencing order under this Section, 
make a finding whether the
offense committed either:  (a) was 
related to or in furtherance of the criminal
activities of an 
organized gang or was motivated by the minor's membership in
or 
allegiance to an organized gang, or (b) involved a violation of

subsection (a) of Section 12-7.1 of the Criminal Code of 1961, 
a violation of
any
Section of Article 24 of the Criminal Code 
of 1961,  or a violation of any
statute that involved the 
wrongful use of a firearm.  If the court determines
the question 
in the affirmative,
and the court does not commit the minor to 
the Department of Juvenile Justice
Corrections,
Juvenile 
Division, the court shall order the minor to perform community 
service
for not less than 30 hours nor more than 120 hours, 
provided that community
service is available in the 
jurisdiction and is funded and approved by the
county board of 
the county where the offense was committed.  The community

service shall include, but need not be limited to, the cleanup 
and repair of
any damage caused by a violation of Section 
21-1.3 of the Criminal Code of 1961
and similar damage to 
property located in the municipality or county in which
the 
violation occurred.  When possible and reasonable, the 
community service
shall be performed in the minor's 
neighborhood.  This order shall be in
addition to any other 
order authorized by this Section
except for an order to place 
the minor in the custody of the Department of
Juvenile Justice

Corrections, Juvenile Division.  For the purposes of this 
Section, "organized
gang" has the meaning ascribed to it in 
Section 10 of the Illinois Streetgang
Terrorism Omnibus 
Prevention Act.

(Source: P.A. 94-556, eff. 9-11-05.)

 



    (705 ILCS 405/5-750)


    Sec. 5-750. Commitment to the Department of Juvenile 
Justice
Corrections, Juvenile
Division.

    (1) Except as provided in subsection (2) of this Section, 
when any
delinquent has been adjudged a ward of the court under 
this Act, the court may
commit him or her to the Department of 
Juvenile Justice
Corrections, Juvenile Division, if it
finds

that (a) his or her parents, guardian or legal custodian are 
unfit or are
unable, for
some reason other than financial 
circumstances alone, to care for, protect,
train or discipline 
the minor, or are unwilling to do so,
and the best interests of 
the minor and
the public will not be served by placement under 
Section 5-740
 or; (b) it is
necessary to ensure the protection 
of the public from the consequences of
criminal activity of the 
delinquent.

    (2) When a minor of the age of at least 13 years is 
adjudged delinquent
for the offense of first degree murder, the 
court shall declare the minor a
ward of the court and order the 
minor committed to the Department of
Juvenile Justice

Corrections, Juvenile Division, until the minor's 21st 
birthday, without the
possibility of parole, furlough, or 
non-emergency authorized absence for a
period of 5 years from 
the date the minor was committed to the Department of
Juvenile 
Justice
Corrections, except that the time that a minor spent in 
custody for the instant
offense before being committed to the 
Department of Juvenile Justice shall be considered as time

credited towards that 5 year period.  Nothing in this subsection 
(2) shall
preclude the State's Attorney from seeking to 
prosecute a minor as an adult as
an alternative to proceeding 
under this Act.

    (3) Except as provided in subsection (2), the commitment of 
a
delinquent to the Department of Juvenile Justice
Corrections 
shall be for an indeterminate term
which shall automatically 
terminate upon the delinquent attaining the age of 21
years 
unless the delinquent is sooner discharged from parole or 
custodianship
is otherwise terminated in accordance with this 
Act or as otherwise provided
for by law.

    (4) When the court commits a minor to the Department of 
Juvenile Justice
Corrections, it
shall order him or her 
conveyed forthwith to the appropriate reception station
or

other place designated by the Department of Juvenile Justice

Corrections, and shall appoint the
Assistant Director of 
Juvenile Justice
Corrections, Juvenile Division, legal 
custodian of the
minor.  The clerk of the court shall issue to 
the Assistant
Director of Juvenile Justice
Corrections, 
Juvenile Division, a certified copy of the order,
which 
constitutes proof of the Director's authority.  No other process 
need
issue to
warrant the keeping of the minor.

    (5) If a minor is committed to the Department of Juvenile 
Justice
Corrections, Juvenile
Division, the clerk of the court 
shall forward to the Department:


        (a) the disposition ordered;


        (b) all reports;


        (c) the court's statement of the basis for ordering the 
    disposition;  and


        (d) all additional matters which the court directs the 
    clerk to transmit.

    (6) Whenever the Department of Juvenile Justice

Corrections lawfully discharges from its
custody and
control a 
minor committed to it, the Assistant Director of Juvenile 
Justice
Corrections,
Juvenile Division, shall petition the 
court for an order terminating his or her
custodianship.  The 
custodianship shall terminate automatically 30 days after

receipt of the petition unless the court orders otherwise.

(Source: P.A. 90-590, eff. 1-1-99.)

 



    (705 ILCS 405/5-815)


    Sec. 5-815. Habitual Juvenile Offender. 

    (a) Definition.  Any minor
having been twice adjudicated a 
delinquent minor for offenses which, had he
been prosecuted as 
an adult, would have been felonies under the laws of
this 
State, and who is thereafter adjudicated a delinquent minor for 
a
third time shall be adjudged an Habitual Juvenile Offender 
where:


        1. the third adjudication is for an offense occurring 
    after
adjudication on the second; and


        2. the second adjudication was for an offense occurring 
    after
adjudication on the first; and


        3. the third offense occurred after January 1, 1980; 
    and


        4. the third offense was based upon the commission of 
    or attempted
commission of the following offenses:  first 
    degree murder, second
degree murder or involuntary 
    manslaughter; criminal sexual assault or
aggravated 
    criminal sexual assault; aggravated or heinous
battery 
    involving permanent disability or disfigurement or great 
    bodily
harm to the victim; burglary of a home or other 
    residence intended for
use as a temporary or permanent 
    dwelling place for human beings; home
invasion; robbery or 
    armed robbery; or aggravated arson.

    Nothing in this Section shall preclude the State's Attorney 
from
seeking to prosecute a minor as an adult as an alternative 
to
prosecution as an habitual juvenile offender.

    A continuance under supervision authorized by Section 
5-615 of
this Act
shall not be permitted under this Section.

    (b) Notice to minor.  The State shall serve upon the minor 
written
notice of intention to prosecute under the provisions 
of this Section within
5 judicial days of the filing of any 
delinquency petition, adjudication
upon which would mandate 
the minor's disposition as an Habitual Juvenile
Offender.

    (c) Petition; service.  A notice to seek adjudication as an

Habitual Juvenile Offender shall be filed only by the State's 
Attorney.

    The petition upon which such Habitual Juvenile Offender 
notice is
based shall contain the information and averments 
required for all
other delinquency petitions filed under this 
Act and its service shall
be according to the provisions of 
this Act.

    No prior adjudication shall be alleged in the petition.

    (d)  Trial. Trial on such petition shall be by jury unless 
the minor
demands, in open court and with advice of counsel, a 
trial by the court
without jury.

    Except as otherwise provided herein, the provisions of this

Act concerning delinquency proceedings generally shall be 
applicable to
Habitual Juvenile Offender proceedings.

    (e) Proof of prior adjudications.  No evidence or other 
disclosure of prior
adjudications shall be presented
to the 
court or jury during any adjudicatory hearing provided for 
under this
Section unless otherwise permitted by the issues 
properly raised in such
hearing.  In the event the minor who is 
the subject of these
proceedings elects to testify on his own 
behalf, it shall be competent to
introduce evidence, for 
purposes of impeachment, that he has previously
been 
adjudicated a delinquent minor upon facts which, had he been 
tried as an
adult, would have resulted in his conviction of a 
felony or of any offense
that involved dishonesty or false 
statement.  Introduction of
such evidence shall be according to 
the rules and procedures applicable to
the impeachment of an 
adult defendant by prior conviction.

    After an admission of the facts in the petition or 
adjudication of
delinquency, the State's Attorney may file with 
the court a verified
written statement signed by the State's 
Attorney concerning any prior
adjudication of an offense set 
forth in subsection (a) of this Section
which offense would 
have been a felony or of any offense that involved
dishonesty 
or false statement had the  minor been tried as an adult.

    The court shall then cause the minor to be brought before 
it; shall
inform him of the allegations of the statement so 
filed, and of his
right to a hearing before the court on the 
issue of such prior
adjudication and of his right to counsel at 
such hearing; and unless the
minor admits such adjudication, 
the court shall hear and determine such
issue, and shall make a 
written finding thereon.

    A duly authenticated copy of the record of any such alleged 
prior
adjudication shall be prima facie evidence of such prior 
adjudication or of
any offense that involved dishonesty or 
false statement.

    Any claim that a previous adjudication offered by the 
State's
Attorney is not a former adjudication of an offense 
which, had the minor
been prosecuted as an adult, would have 
resulted in his conviction of  a
felony or of any offense that 
involved dishonesty or false statement, is
waived unless duly 
raised at the hearing on such
adjudication, or unless the 
State's Attorney's proof shows that such
prior adjudication was 
not based upon proof of what would have been a
felony.

    (f) Disposition. If the court finds that the prerequisites 
established in
subsection (a)
of this Section have been proven, 
it shall adjudicate the minor an Habitual
Juvenile Offender and 
commit him to the Department of Juvenile Justice
Corrections, 
Juvenile
Division, until his 21st birthday, without  
possibility of parole,
furlough, or non-emergency authorized 
absence.
However, the minor shall be entitled to earn one day 
of good conduct credit
for each day served as reductions 
against the period of his confinement.
Such good conduct 
credits shall be earned or revoked according to the
procedures 
applicable to the allowance and revocation of good conduct

credit for adult prisoners serving determinate sentences for 
felonies.

    For purposes of determining good conduct credit, 
commitment as an Habitual
Juvenile Offender shall be considered 
a determinate commitment, and the
difference between the date 
of the commitment and the minor's 21st birthday
shall be 
considered the determinate period of his confinement.

(Source: P.A. 90-590, eff. 1-1-99.)

 



    (705 ILCS 405/5-820)


    Sec. 5-820. Violent Juvenile Offender. 

    (a) Definition.  A minor having
been previously adjudicated 
a delinquent minor for an offense which, had he or
she been 
prosecuted as an adult, would have been a Class 2 or greater 
felony
involving the use or
threat of physical force or 
violence against an individual or a Class 2 or
greater felony 
for
which an element of the offense is possession or use of a 
firearm, and who is
thereafter adjudicated a delinquent minor 
for a second time for any of those
offenses shall be 
adjudicated a Violent Juvenile Offender if:


        (1) The second adjudication is for an offense occurring 
    after adjudication
on the first; and


        (2) The second offense occurred on or after January 1, 
    1995.

    (b) Notice to minor.  The State shall serve upon the minor 
written notice of
intention to prosecute under the provisions 
of this Section within 5 judicial
days of the filing of a 
delinquency petition, adjudication upon which would
mandate 
the minor's disposition as a Violent Juvenile Offender.

    (c) Petition; service.  A notice to seek adjudication as a 
Violent Juvenile
Offender shall be filed only by the State's 
Attorney.

    The petition upon which the Violent Juvenile Offender 
notice is based shall
contain the information and averments 
required for all other delinquency
petitions filed under this 
Act and its service shall be according to the
provisions of 
this Act.

    No prior adjudication shall be alleged in the petition.

    (d) Trial.  Trial on the petition shall be by jury unless 
the minor demands,
in open court and with advice of counsel, a 
trial by the court without a jury.

    Except as otherwise provided in this Section, the 
provisions of this Act
concerning delinquency proceedings 
generally shall be applicable to Violent
Juvenile Offender 
proceedings.

    (e) Proof of prior adjudications.  No evidence or other 
disclosure of prior
adjudications shall be presented to the 
court or jury during an adjudicatory
hearing provided for under 
this Section unless otherwise permitted by the
issues properly 
raised in that hearing.  In the event the minor who is the

subject of these proceedings elects to testify on his or her 
own behalf, it
shall be competent to introduce evidence, for 
purposes of impeachment, that he
or she has previously been 
adjudicated a delinquent minor upon facts which, had
the minor 
been tried as an adult, would have resulted in the minor's 
conviction
of a felony or of any offense that involved 
dishonesty or false statement.
Introduction of such evidence 
shall be according to the rules and
procedures applicable to 
the impeachment of an adult defendant by prior
conviction.

    After an admission of the facts in the petition or 
adjudication of
delinquency, the State's Attorney may file with 
the court a verified written
statement signed by the State's 
Attorney concerning any prior adjudication of
an offense set 
forth in subsection (a) of this Section that would have
been a 
felony or of any offense that involved
dishonesty or false 
statement had the minor been tried as an adult.

    The court shall then cause the minor to be brought before 
it; shall inform
the minor of the allegations of the statement 
so filed, of his or her right to
a hearing before the court on 
the issue of the prior adjudication and of his or
her right to 
counsel at the hearing; and unless the minor admits the

adjudication, the court shall hear and determine the issue, and 
shall make a
written finding of the issue.

    A duly authenticated copy of the record of any alleged 
prior
adjudication shall be prima facie evidence of the prior 
adjudication or of any
offense that involved dishonesty or 
false statement.

    Any claim that a previous adjudication offered by the 
State's Attorney is not
a former adjudication of an offense 
which, had the minor been prosecuted as an
adult, would have 
resulted in his or her conviction of a Class 2 or greater

felony involving the
use or threat of force or violence, or a 
firearm, a felony or of any offense
that involved dishonesty or 
false statement is waived unless duly raised
at the hearing on 
the adjudication, or unless the State's Attorney's proof
shows 
that the prior adjudication was not based upon proof of what 
would have
been a felony.

    (f) Disposition.  If the court finds that the prerequisites 
established in
subsection (a) of this Section have been proven, 
it shall adjudicate the minor
a Violent Juvenile Offender and 
commit the minor to the Department of
Juvenile Justice

Corrections,
Juvenile Division, until his or her 21st birthday, 
without possibility of
parole, furlough, or non-emergency 
authorized absence.  However, the minor
shall be entitled to 
earn one day of good conduct credit for each day served as

reductions against the period of his or her confinement.  The 
good conduct
credits shall be earned or revoked according to 
the procedures applicable to
the allowance and revocation of 
good conduct credit for adult prisoners serving
determinate 
sentences for felonies.

    For purposes of determining good conduct credit, 
commitment as a Violent
Juvenile Offender shall be considered a 
determinate commitment, and the
difference between the date of 
the commitment and the minor's 21st birthday
shall be 
considered the determinate period of his or her confinement.

    (g) Nothing in this Section shall preclude the State's 
Attorney from seeking
to prosecute a minor as a habitual 
juvenile offender or as an adult as an
alternative to 
prosecution as a Violent Juvenile Offender.

    (h) A continuance under supervision authorized by Section 
5-615
of this Act
shall not be permitted under this Section.

(Source: P.A. 90-590, eff. 1-1-99.)

 



    (705 ILCS 405/5-901)



    Sec. 5-901. Court file. 

    (1) The Court file with respect to proceedings under this

Article shall consist of the petitions, pleadings, victim 
impact statements,
process,
service of process, orders, writs 
and docket entries reflecting hearings held
and judgments and 
decrees entered by the court.  The court file shall be
kept 
separate from other records of the court.


        (a) The file, including information identifying the 
    victim or alleged
victim of any sex
offense, shall be 
    disclosed only to the following parties when necessary for

    discharge of their official duties:


            (i) A judge of the circuit court and members of the 
        staff of the court
designated by the judge;


            (ii) Parties to the proceedings and their 
        attorneys;


            (iii) Victims and their attorneys, except in cases 
        of multiple victims
of
sex offenses in which case the 
        information identifying the nonrequesting
victims 
        shall be redacted;


            (iv) Probation officers, law enforcement officers 
        or prosecutors or
their
staff;


            (v) Adult and juvenile Prisoner Review Boards.


        (b) The Court file redacted to remove any information 
    identifying the
victim or alleged victim of any sex offense 
    shall be disclosed only to the
following parties when 
    necessary for discharge of their official duties:


            (i) Authorized military personnel;


            (ii) Persons engaged in bona fide research, with 
        the permission of the
judge of the juvenile court and 
        the chief executive of the agency that prepared
the

        particular recording:  provided that publication of 
        such research results in no
disclosure of a minor's 
        identity and protects the confidentiality of the

        record;


            (iii) The Secretary of State to whom the Clerk of 
        the Court shall report
the disposition of all cases, as 
        required in Section 6-204 or Section 6-205.1
of the 
        Illinois
Vehicle Code.  However, information reported 
        relative to these offenses shall
be privileged and 
        available only to the Secretary of State, courts, and 
        police
officers;


            (iv) The administrator of a bonafide substance 
        abuse student
assistance program with the permission 
        of the presiding judge of the
juvenile court;


            (v) Any individual, or any public or private agency 
        or institution,
having
custody of the juvenile under 
        court order or providing educational, medical or

        mental health services to the juvenile or a 
        court-approved advocate for the
juvenile or any 
        placement provider or potential placement provider as

        determined by the court.

    (3) A minor who is the victim or alleged victim in a 
juvenile proceeding
shall be
provided the same confidentiality 
regarding disclosure of identity as the
minor who is the 
subject of record.
Information identifying victims and alleged 
victims of sex offenses,
shall not be disclosed or open to 
public inspection under any circumstances.
Nothing in this 
Section shall prohibit the victim or alleged victim of any sex

offense from voluntarily disclosing his or her identity.

    (4) Relevant information, reports and records shall be made 
available to the
Department of
Juvenile Justice
Corrections 
when a juvenile offender has been placed in the custody of the

Department of Juvenile Justice
Corrections, Juvenile Division.

    (5) Except as otherwise provided in this subsection (5), 
juvenile court
records shall not be made available to the 
general public
but may be inspected by representatives of 
agencies, associations and news
media or other properly 
interested persons by general or special order of
the court.  
The State's Attorney, the minor, his or her parents, guardian 
and
counsel
shall at all times have the right to examine court 
files and records.


        (a) The
court shall allow the general public to have 
    access to the name, address, and
offense of a minor
who is 
    adjudicated a delinquent minor under this Act under either 
    of the
following circumstances:


            (i) The
adjudication of
delinquency was based upon 
        the
minor's
commission of first degree murder, attempt 
        to commit first degree
murder, aggravated criminal 
        sexual assault, or criminal sexual assault; or


            (ii) The court has made a finding that the minor 
        was at least 13 years
of
age
at the time the act was 
        committed and the adjudication of delinquency was 
        based
upon the minor's commission of: (A)
an act in 
        furtherance of the commission of a felony as a member 
        of or on
behalf of a criminal street
gang, (B) an act 
        involving the use of a firearm in the commission of a

        felony, (C) an act that would be a Class X felony 
        offense
under or
the minor's second or subsequent
Class 
        2 or greater felony offense under the Cannabis Control 
        Act if committed
by an adult,
(D) an act that would be 
        a second or subsequent offense under Section 402 of
the 
        Illinois Controlled Substances Act if committed by an 
        adult, (E) an act
that would be an offense under 
        Section 401 of the Illinois Controlled
Substances Act 
        if committed by an adult, or (F) an act that would be 
        an offense under the Methamphetamine Control and 
        Community Protection Act if committed by an adult.


        (b) The court
shall allow the general public to have 
    access to the name, address, and offense
of a minor who is 
    at least 13 years of age at
the time the offense
is 
    committed and who is convicted, in criminal proceedings

    permitted or required under Section 5-805, under either of

    the following
circumstances:


            (i) The minor has been convicted of first degree 
        murder, attempt
to commit first degree
murder, 
        aggravated criminal sexual
assault, or criminal sexual 
        assault,


            (ii) The court has made a finding that the minor 
        was at least 13 years
of age
at the time the offense 
        was committed and the conviction was based upon the

        minor's commission of: (A)
an offense in
furtherance of 
        the commission of a felony as a member of or on behalf 
        of a
criminal street gang, (B) an offense
involving the 
        use of a firearm in the commission of a felony, (C)
a 
        Class X felony offense under the Cannabis Control Act 
        or a second or
subsequent Class 2 or
greater felony 
        offense under the Cannabis Control Act, (D) a
second or 
        subsequent offense under Section 402 of the Illinois

        Controlled Substances Act, (E) an offense under 
        Section 401 of the Illinois
Controlled Substances Act, 
        or (F) an offense under the Methamphetamine Control and 
        Community Protection Act.

    (6) Nothing in this Section shall be construed to limit the 
use of a
adjudication of delinquency as
evidence in any 
juvenile or criminal proceeding, where it would otherwise be

admissible under the rules of evidence, including but not 
limited to, use as
impeachment evidence against any witness, 
including the minor if he or she
testifies.

    (7) Nothing in this Section shall affect the right of a 
Civil Service
Commission or appointing authority examining the 
character and fitness of
an applicant for a position as a law 
enforcement officer to ascertain
whether that applicant was 
ever adjudicated to be a delinquent minor and,
if so, to 
examine the records or evidence which were made in
proceedings 
under this Act.

    (8) Following any adjudication of delinquency for a crime 
which would be
a felony if committed by an adult, or following 
any adjudication of delinquency
for a violation of Section 
24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the 
State's Attorney shall ascertain
whether the minor respondent 
is enrolled in school and, if so, shall provide
a copy of the 
sentencing order to the principal or chief administrative

officer of the school.  Access to such juvenile records shall be 
limited
to the principal or chief administrative officer of the 
school and any guidance
counselor designated by him or her.

    (9) Nothing contained in this Act prevents the sharing or

disclosure of information or records relating or pertaining to 
juveniles
subject to the provisions of the Serious Habitual 
Offender Comprehensive
Action Program when that information is 
used to assist in the early
identification and treatment of 
habitual juvenile offenders.

    (11) The Clerk of the Circuit Court shall report to the 
Department of
State
Police, in the form and manner required by 
the Department of State Police, the
final disposition of each 
minor who has been arrested or taken into custody
before his or 
her 17th birthday for those offenses required to be reported

under Section 5 of the Criminal Identification Act.  Information 
reported to
the Department under this Section may be maintained 
with records that the
Department files under Section 2.1 of the 
Criminal Identification Act.

    (12) Information or records may be disclosed to the general 
public when the
court is conducting hearings under Section 
5-805 or 5-810.

(Source: P.A. 94-556, eff. 9-11-05.)

 



    (705 ILCS 405/5-905)


    Sec. 5-905. Law enforcement records. 

    (1) Law Enforcement Records.
Inspection and copying of law 
enforcement records maintained by law enforcement
agencies 
that relate to a minor who has been arrested or taken into 
custody
before his or her 17th birthday shall be restricted to 
the following and when
necessary for the discharge of their 
official duties:


        (a) A judge of the circuit court and members of the 
    staff of the court
designated by the judge;


        (b) Law enforcement officers, probation officers or 
    prosecutors or their
staff;


        (c) The minor, the minor's parents or legal guardian 
    and their attorneys,
but only when the juvenile has been 
    charged with an offense;


        (d) Adult and Juvenile Prisoner Review Boards;


        (e) Authorized military personnel;


        (f) Persons engaged in bona fide research, with the 
    permission of the
judge of juvenile court and the chief 
    executive of the agency that prepared the
particular 
    recording:  provided that publication of such research 
    results in no
disclosure of a minor's identity and protects 
    the confidentiality of the
record;


        (g) Individuals responsible for supervising or 
    providing temporary or
permanent care and custody of minors 
    pursuant to orders of the juvenile court
or directives from 
    officials of the Department of Children and Family
Services 
    or the Department of Human Services who certify in writing 
    that the
information will not be disclosed to any other 
    party except as provided under
law or order of court;


        (h) The appropriate school official.  Inspection and 
    copying
shall be limited to law enforcement records 
    transmitted to the appropriate
school official by a local 
    law enforcement agency under a reciprocal reporting
system 
    established and maintained between the school district and 
    the local law
enforcement agency under Section 10-20.14 of 
    the School Code concerning a minor
enrolled in a school 
    within the school district who has been arrested
for any 
    offense classified as a felony or a Class A or B 
    misdemeanor.

    (2) Information identifying victims and alleged victims of 
sex offenses,
shall not be disclosed or open to public 
inspection under any circumstances.
Nothing in this Section 
shall prohibit the victim or alleged victim of any sex
offense 
from voluntarily disclosing his or her identity.

    (3) Relevant information, reports and records shall be made 
available to the
Department of Juvenile Justice
Corrections 
when a juvenile offender has been placed in the
custody of the 
Department of Juvenile Justice
Corrections, Juvenile Division.

    (4) Nothing in this Section shall prohibit the inspection 
or disclosure to
victims and witnesses of photographs contained 
in the records of law
enforcement agencies when the inspection 
or disclosure is conducted in the
presence of a law enforcement 
officer for purposes of identification or
apprehension of any 
person in the course of any criminal investigation or

prosecution.

    (5) The records of law enforcement officers concerning all 
minors under
17 years of age must be maintained separate from 
the records of adults and
may not be open to public inspection 
or their contents disclosed to the
public except by order of 
the court or when the institution of criminal
proceedings has 
been permitted under Section 5-130 or 5-805 or required
under 
Section
5-130 or 5-805 or such a person has been convicted of a 
crime and is the
subject of
pre-sentence investigation or when 
provided by law.

    (6) Except as otherwise provided in this subsection (6), 
law enforcement
officers may not disclose the identity of any 
minor
in releasing information to the general public as to the 
arrest, investigation
or disposition of any case involving a 
minor.
Any victim or parent or legal guardian of a victim may 
petition the court to
disclose the name and address of the 
minor and the minor's parents or legal
guardian, or both.  Upon 
a finding by clear and convincing evidence that the
disclosure 
is either necessary for the victim to pursue a civil remedy 
against
the minor or the minor's parents or legal guardian, or 
both, or to protect the
victim's person or property from the 
minor, then the court may order the
disclosure of the 
information to the victim or to the parent or legal guardian
of 
the victim only for the purpose of the victim pursuing a civil 
remedy
against the minor or the minor's parents or legal 
guardian, or both, or to
protect the victim's person or 
property from the minor.

    (7) Nothing contained in this Section shall prohibit law 
enforcement
agencies when acting in their official capacity 
from communicating with each
other by letter, memorandum, 
teletype or
intelligence alert bulletin or other means the 
identity or other relevant
information pertaining to a person 
under 17 years of age.  The information
provided under this 
subsection (7) shall remain confidential and shall not
be 
publicly disclosed, except as otherwise allowed by law.

    (8) No person shall disclose information under this Section 
except when
acting in his or her official capacity and as 
provided by law or order of
court.

(Source: P.A. 90-590, eff. 1-1-99; 91-479, eff. 1-1-00.)


 



    (705 ILCS 405/5-915)


    Sec. 5-915. Expungement of juvenile law enforcement and 
court records. 

    (1) Whenever any person has attained the age of 17 or 
whenever all juvenile
court proceedings relating to that person 
have been terminated, whichever is
later, the person may 
petition the court to expunge law enforcement records
relating 
to incidents occurring before his or her 17th birthday or his 
or her
juvenile court
records, or both, but only in the 
following circumstances:


        (a) the minor was arrested and no petition for 
    delinquency was filed with
the clerk of the circuit court; 
    or


        (b) the minor was charged with an offense and was found 
    not delinquent of
that offense; or


        (c) the minor was placed under supervision pursuant to 
    Section 5-615, and
the order of
supervision has since been 
    successfully terminated; or


        (d)
the minor was adjudicated for an offense which 
    would be a Class B
misdemeanor, Class C misdemeanor, or a 
    petty or business offense if committed by an adult.

    (2) Any person may petition the court to expunge all law 
enforcement records
relating to any
incidents occurring before 
his or her 17th birthday which did not result in
proceedings in 
criminal court and all juvenile court records with respect to

any adjudications except those based upon first degree
murder 
and
sex offenses which would be felonies if committed by an 
adult, if the person
for whom expungement is sought has had no

convictions for any crime since his or her 17th birthday and:


        (a) has attained the age of 21 years; or


        (b) 5 years have elapsed since all juvenile court 
    proceedings relating to
him or her have been terminated or 
    his or her commitment to the Department of
Juvenile Justice

    Corrections, Juvenile Division
pursuant to this Act has 
    been terminated;

whichever is later of (a) or (b).
    (2.5) If a minor is arrested and no petition for 
delinquency is filed with the clerk of the circuit court as 
provided in paragraph (a) of subsection (1) at the time the 
minor is released from custody, the youth officer, if 
applicable, or other designated person from the arresting 
agency, shall notify verbally and in writing to the minor or 
the minor's parents or guardians that if the State's Attorney 
does not file a petition for delinquency, the minor has a right 
to petition to have his or her arrest record expunged when the 
minor attains the age of 17 or when all juvenile court 
proceedings relating to that minor have been terminated and 
that unless a petition to expunge is filed, the minor shall 
have an arrest record and shall provide the minor and the 
minor's parents or guardians with an expungement information 
packet, including a petition to expunge juvenile records 
obtained from the clerk of the circuit court.
    (2.6) If a minor is charged with an offense and is found 
not delinquent of that offense; or if a minor is placed under 
supervision under Section 5-615, and the order of supervision 
is successfully terminated; or  if a minor is adjudicated for an 
offense that would be a Class B misdemeanor, a Class C 
misdemeanor, or a business or petty offense if committed by an 
adult; or if a minor has incidents occurring before his or her 
17th birthday that have not resulted in proceedings in criminal 
court, or resulted in proceedings in juvenile court, and the 
adjudications were not based upon first degree murder or sex 
offenses that would be felonies if committed by an adult; then 
at the time of sentencing or dismissal of the case, the judge 
shall inform the delinquent minor of his or her right to 
petition for expungement as provided by law, and the clerk of 
the circuit court shall provide an expungement information 
packet to the delinquent minor, written in plain language, 
including a petition for expungement, a sample of a completed 
petition, expungement instructions that shall include 
information informing the minor that (i) once the case is 
expunged, it shall be treated as if it never occurred, (ii) he 
or she may apply to have petition fees waived, (iii) once he or 
she obtains an expungement, he or she may not be required to 
disclose that he or she had a juvenile record, and (iv) he or 
she may file the petition on his or her own or with the 
assistance of an attorney. The failure of the judge to inform 
the delinquent minor of his or her right to petition for 
expungement as provided by law does not create a substantive 
right, nor is that failure grounds for: (i) a reversal of an 
adjudication of delinquency, (ii) a new trial; or (iii) an 
appeal.
    (2.7) For counties with a population over 3,000,000, the 
clerk of the circuit court shall send a "Notification of a 
Possible Right to Expungement" post card to the minor at the 
address last received by the clerk of the circuit court on the 
date that the minor attains the age of 17 based on the 
birthdate provided to the court by the minor or his or her 
guardian in cases under paragraphs (b), (c),  and (d) of 
subsection (1); and when the minor attains the age of 21 based 
on the birthdate provided to the court by the minor or his or 
her guardian in cases under subsection (2).
    (2.8) The petition for expungement for subsection (1)  shall 
be substantially in the following form:
IN THE CIRCUIT COURT OF ......, ILLINOIS
 

........ JUDICIAL CIRCUIT


 
IN THE INTEREST OF )    NO.

                   )

                   )

...................)

(Name of Petitioner)
 
PETITION TO EXPUNGE JUVENILE RECORDS
(705 ILCS 405/5-915 (SUBSECTION 1))
(Please prepare a separate petition for each offense)
Now comes ............., petitioner, and respectfully requests

that this Honorable Court enter an order expunging all juvenile 
law enforcement and court records of petitioner and in support 
thereof states that:
Petitioner has attained the age of 17, 
his/her birth date being ......, or all
Juvenile Court 
proceedings terminated as of ......, whichever occurred later.


Petitioner was arrested on ..... by the ....... Police 
Department for the offense of ......., and:

(Check One:)

( ) a. no petition was filed with the Clerk of the Circuit 
Court.
( ) b. was charged with ...... and was found not delinquent
        of 
the offense.
( ) c. a petition was filed and the petition was dismissed 
without a finding of delinquency on .....
( ) d. on ....... placed under supervision pursuant to Section 
5-615 of the Juvenile Court Act of 1987 and such order of 
supervision successfully terminated on ........
( ) e. was adjudicated for the offense, which would have been a 
Class B misdemeanor, a Class C misdemeanor, or a petty offense 
or business offense if committed by an adult.

Petitioner .... has  .... has not  been arrested on charges in 
this or any county other than the charges listed above.  If 
petitioner has been arrested on additional charges, please list 
the charges below:

Charge(s): ......
Arresting Agency or Agencies: ...........
Disposition/Result: (choose from a. through e., above): .....

WHEREFORE, the petitioner respectfully requests this Honorable 
Court to (1) order all law enforcement agencies to expunge all 
records of petitioner to this incident, and (2) to order the 
Clerk of the Court to expunge all records concerning the 
petitioner regarding this incident.
 
......................

Petitioner (Signature)



 
..........................



Petitioner's Street Address

 
.....................



City, State, Zip Code

 
.............................
Petitioner's Telephone Number

 
Pursuant to the penalties of perjury under the Code of Civil 
Procedure, 735 ILCS 5/1-109, I hereby certify that the 
statements in this petition are true and correct, or on 
information and belief I believe the same to be true.
 
......................
Petitioner (Signature)

The Petition for Expungement for subsection (2) shall be 
substantially in the following form:
 
IN THE CIRCUIT COURT OF ........, ILLINOIS
........ JUDICIAL CIRCUIT

 
IN THE INTEREST OF )    NO.

                   )

                   )

...................)

(Name of Petitioner)
 
PETITION TO EXPUNGE JUVENILE RECORDS
 

(705 ILCS 405/5-915 (SUBSECTION 2))

(Please prepare a separate petition for each offense)

Now comes ............, petitioner, and respectfully requests 
that this Honorable Court enter an order expunging all Juvenile 
Law Enforcement and Court records of petitioner and in support 
thereof states that:
The incident for which the Petitioner seeks expungement 
occurred before the Petitioner's 17th birthday and did not 
result in proceedings in criminal court and the Petitioner has 
not had any convictions for any crime since his/her 17th 
birthday; and

The incident for which the Petitioner seeks expungement 
occurred before the Petitioner's 17th birthday and the 
adjudication was not based upon first-degree murder or sex 
offenses which would be felonies if committed by an adult, and 
the Petitioner has not had any convictions for any crime since 
his/her 17th birthday.
Petitioner was arrested on ...... by the ....... Police 
Department for the offense of ........, and:
(Check whichever one occurred the latest:)
( ) a. The Petitioner has attained the age of 21 years, his/her 
birthday being .......; or
( ) b. 5 years have elapsed since all juvenile court 
proceedings relating to the Petitioner have been terminated; or 
the Petitioner's commitment to the Department of Juvenile 
Justice
Corrections, Juvenile Division, pursuant to the 
expungement of juvenile law enforcement and  court records 
provisions of the Juvenile Court Act of 1987 has been 
terminated.

Petitioner ...has ...has not been arrested on 
charges in this or any other county other than the charge 
listed above.  If petitioner has been arrested on additional 
charges, please list the charges below:
Charge(s):  ..........
Arresting Agency or Agencies: .......
Disposition/Result: (choose from a or b, above): ..........
WHEREFORE, the petitioner respectfully requests this Honorable 
Court to (1) order all law enforcement agencies to expunge all 
records of petitioner related to this incident, and (2) to 
order the Clerk of the Court to expunge all records concerning 
the petitioner regarding this incident.
 
.......................

Petitioner (Signature)

 
......................
Petitioner's Street Address

 


.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number

 

Pursuant to the penalties of perjury under the Code of Civil 
Procedure, 735 ILCS 5/1-109, I hereby certify that the 
statements in this petition are true and correct, or on 
information and belief I believe the same to be true.
......................
Petitioner (Signature)

    (3) The chief judge of the circuit in which an arrest was 
made or a charge
was brought or any
judge of that circuit 
designated by the chief judge
may, upon verified petition
of a 
person who is the subject of an arrest or a juvenile court 
proceeding
under subsection (1) or (2) of this Section, order 
the law enforcement
records or official court file, or both, to 
be expunged from the official
records of the arresting 
authority, the clerk of the circuit court and the
Department of 
State Police. The person whose records are to be expunged shall 
petition the court using the appropriate form containing his or 
her current address and shall promptly notify the clerk of the 
circuit court of any change of address.  Notice

of the petition 
shall be served upon the State's Attorney or prosecutor charged 
with the duty of prosecuting the offense, the Department of 
State Police, and the arresting agency or agencies by the clerk 
of the circuit court.  If an objection is filed within 90 days 
of the notice of the petition, the clerk of the circuit court 
shall set a date for hearing after the 90 day objection period.  
At the hearing the court shall hear evidence on whether the 
expungement should or should not be granted.  Unless the State's 
Attorney or prosecutor, the Department of State Police, or an 
arresting agency objects to the expungement within 90 days of 
the notice, the court may enter an order granting expungement.  
The person whose records are to be expunged shall pay the clerk 
of the circuit court a fee equivalent to the cost associated 
with expungement of records by the clerk and the Department of 
State Police.  The clerk shall forward a certified copy of the 
order to the Department of State Police, the appropriate 
portion of the fee to the Department of State Police for 
processing, and deliver a certified copy of the order to the 
arresting agency.
.
    (3.1) The Notice of Expungement shall be in substantially 
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS

.... JUDICIAL CIRCUIT


 
IN THE INTEREST OF )    NO.

                   )

                   )

...................)

(Name of Petitioner)
 
NOTICE

TO:  State's Attorney

TO:  Arresting Agency



................

................



................

................

TO:  Illinois State Police



.....................



.....................


ATTENTION: Expungement

You are hereby notified that on ....., at ....., in courtroom 
..., located at ..., before the Honorable ..., Judge, or any 
judge sitting in his/her stead, I shall then and there present 
a Petition to Expunge Juvenile records in the above-entitled 
matter, at which time and place you may appear.
......................
Petitioner's Signature
...........................

Petitioner's Street Address
.....................


City, State, Zip Code
.............................
Petitioner's Telephone Number
PROOF OF SERVICE

On the ....... day of ......, 20..., I on oath state that I 
served this notice and true and correct copies of the 
above-checked documents by:
(Check One:)
delivering copies personally to each entity to whom they are 
directed;
or
by mailing copies to each entity to whom they are directed by 
depositing the same in the U.S. Mail, proper postage fully 
prepaid, before the hour of 5:00 p.m., at the United States 
Postal Depository located at .................
.........................................




Signature
Clerk of the Circuit Court or Deputy Clerk
Printed Name of Delinquent Minor/Petitioner: ....
Address: ........................................
Telephone Number: ...............................
    (3.2) The Order of Expungement shall be in substantially 
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS

.... JUDICIAL CIRCUIT


 
IN THE INTEREST OF )    NO.

                   )

                   )

...................)

(Name of Petitioner)
 

DOB ................
Arresting Agency/Agencies ......
ORDER OF EXPUNGEMENT

(705 ILCS 405/5-915 (SUBSECTION 3))



This matter having been heard on the petitioner's motion and 
the court being fully advised in the premises does find that 
the petitioner is indigent or has presented reasonable cause to 
waive all costs in this matter, IT IS HEREBY ORDERED that:
    ( ) 1. Clerk of Court and Department of State Police costs 
are hereby waived in this matter.
    ( ) 2. The Illinois State Police Bureau of Identification 
and the following law enforcement agencies expunge all records 
of petitioner relating to an arrest dated ...... for the 
offense of ......
Law Enforcement Agencies:

.........................

.........................

    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit 
Court expunge all records regarding the above-captioned case.
ENTER: ......................



JUDGE
DATED: .......
Name:

Attorney for:

Address:
City/State/Zip:

Attorney Number:
    (3.3) The Notice of Objection shall be in substantially the 
following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS

....................... JUDICIAL CIRCUIT


 
IN THE INTEREST OF )    NO.

                   )

                   )

...................)

(Name of Petitioner)
 
NOTICE OF OBJECTION

TO:(Attorney, Public Defender, Minor)

.................................

.................................

TO:(Illinois State Police)

.................................

.................................
TO:(Clerk of the Court)

.................................

.................................

TO:(Judge)

.................................

.................................

TO:(Arresting Agency/Agencies)

.................................

.................................
ATTENTION:

You are hereby notified that an objection has been 
filed by the following entity regarding the above-named minor's 
petition for expungement of juvenile records:
( ) State's Attorney's Office;

( ) Prosecutor (other than State's Attorney's Office) charged 
with the duty of prosecuting the               offense sought to be expunged;

( ) Department of Illinois State Police; or

( ) Arresting Agency or Agencies.

The agency checked above respectfully requests that this case 
be continued and set for hearing on whether the expungement 
should or should not be granted.

DATED: .......
Name:
Attorney For:

Address:
City/State/Zip:

Telephone:

Attorney No.: 

FOR USE BY CLERK OF THE COURT PERSONNEL ONLY



This matter has been set for hearing on the foregoing 
objection, on ...... in room ...., located at ....., before the 
Honorable ....., Judge, or any judge sitting in his/her stead.
 
(Only one hearing shall be set, regardless of the number of 
Notices of Objection received on the same case).

A copy of this completed Notice of Objection containing the 
court date, time, and location, has been sent via regular U.S. 
Mail to the following entities.  (If more than one Notice of 
Objection is received on the same case, each one must be 
completed with the court date, time and location and mailed to 
the following entities):

( ) Attorney, Public Defender or Minor;

( ) State's Attorney's Office;
( ) Prosecutor (other than State's Attorney's Office) charged 
with the duty of prosecuting the     offense sought to be expunged;
( ) Department of Illinois State Police; and
( ) Arresting agency or agencies.

Date: ......
Initials of Clerk completing this section: .....


    (4) Upon entry of an order expunging records or files, the 
offense, which
the records or files concern shall be treated as 
if it never occurred. Law
enforcement officers and other public 
offices and agencies shall properly reply
on inquiry that no 
record or file exists with respect to the
person. 

    (5) Records which have not been expunged are sealed, and 
may be obtained
only under the provisions of Sections 5-901, 
5-905 and 5-915.

    (6) Nothing in this Section shall be construed to prohibit 
the maintenance
of information relating to an offense after 
records or files concerning the
offense have been expunged if 
the information is kept in a manner that does not
enable 
identification of the offender.  This information may only be 
used for
statistical and bona fide research purposes.
    (7)(a) The State Appellate Defender shall establish, 
maintain, and carry out, by December 31, 2004,  a juvenile 
expungement program
to provide information and assistance to 
minors eligible to have their juvenile records expunged.

    (b) The State Appellate Defender shall develop brochures, 
pamphlets, and
other
materials in
printed form and through the 
agency's World Wide Web site.  The pamphlets and
other materials 
shall
include at a minimum the following information:


        (i) An explanation of the State's juvenile expungement 
    process;
        (ii) The circumstances under which juvenile 
    expungement may occur;
        (iii) The juvenile offenses that may be expunged;
        (iv) The steps necessary to initiate and complete the 
    juvenile expungement process;
and
        (v) Directions on how to contact the State Appellate 
    Defender.
    (c) The State Appellate Defender shall establish and 
maintain a statewide
toll-free telephone
number that a person 
may use to receive information or assistance concerning
the 
expungement of juvenile records. The State Appellate
Defender 
shall advertise
the toll-free telephone number statewide. The 
State Appellate Defender shall
develop an expungement

information packet that may be sent to eligible persons seeking 
expungement of
their juvenile records,
which may include, but 
is not limited to, a pre-printed expungement petition
with 
instructions on how
to complete the petition and a pamphlet 
containing information that would
assist individuals through

the juvenile expungement process.
    (d) The State Appellate Defender shall compile a statewide 
list of volunteer
attorneys willing
to assist eligible 
individuals through the juvenile expungement process.
    (e) This Section shall be implemented from funds 
appropriated by the General
Assembly to the State
Appellate 
Defender
for this purpose. The State Appellate Defender shall 
employ the necessary staff
and adopt the
necessary rules for 
implementation of this Section.
    (8)(a) Except with respect to law enforcement agencies, the 
Department of Corrections, State's Attorneys, or other 
prosecutors, an expunged juvenile record may not be considered 
by any private or public entity in employment matters, 
certification, licensing, revocation of certification or 
licensure, or registration.  Applications for employment must 
contain specific language that states that the applicant is not 
obligated to disclose expunged juvenile records of conviction 
or arrest.  Employers may not ask  if an applicant has had a 
juvenile record expunged.  Effective January 1, 2005, the 
Department of Labor shall develop a link on the Department's 
website to inform employers that employers may not ask if an 
applicant had a juvenile record expunged and that application 
for employment must contain specific language that states that 
the applicant is not obligated to disclose expunged juvenile 
records of arrest or conviction.
    (b) A person whose juvenile records have been expunged is 
not entitled to remission of any fines, costs, or other money 
paid as a consequence of expungement.  This amendatory Act of 
the 93rd General Assembly does not affect the right of the 
victim of a crime to prosecute or defend a civil action for 
damages.

(Source: P.A. 93-912, eff. 8-12-04; revised 10-14-04.)

 
    Section 21. The Rights of Crime Victims and Witnesses Act 
is amended  by changing Sections 4.5, 5, 8.5, and 9 as follows:
 



    (725 ILCS 120/4.5)


    Sec. 4.5. Procedures to implement the rights of crime 
victims. To afford
crime victims their rights, law enforcement, 
prosecutors, judges and
corrections will provide information, 
as appropriate of the following
procedures:

    (a) At the request of the crime victim, law enforcement 
authorities
investigating the case shall provide notice of the 
status of the investigation,
except where the State's Attorney 
determines that disclosure of such
information would 
unreasonably interfere with the investigation, until such
time 
as the alleged assailant is apprehended or the investigation is 
closed.

    (b) The office of the State's Attorney:


        (1) shall provide notice of the filing of information, 
    the return of an
indictment by which a prosecution for any 
    violent crime is commenced, or the
filing of a petition to 
    adjudicate a minor as a delinquent for a violent
crime;


        (2) shall provide notice of the date, time, and place 
    of trial;


        (3) or victim advocate personnel shall provide 
    information of social
services and financial assistance 
    available for victims of crime, including
information of 
    how to apply for these services and assistance;


        (4) shall assist in having any stolen or other personal 
    property held by
law enforcement authorities for 
    evidentiary or other purposes returned as
expeditiously as 
    possible, pursuant to the procedures set out in Section 
    115-9
of the Code of Criminal Procedure of 1963;


        (5) or victim advocate personnel shall provide 
    appropriate employer
intercession services to ensure that 
    employers of victims will cooperate with
the criminal 
    justice system in order to minimize an employee's loss of 
    pay and
other benefits resulting from court appearances;


        (6) shall provide information whenever possible, of a 
    secure waiting
area during court proceedings that does not 
    require victims to be in close
proximity to defendant or 
    juveniles accused of a violent crime, and their
families 
    and friends;


        (7) shall provide notice to the crime victim of the 
    right to have a
translator present at all court 
    proceedings;


        (8) in the case of the death of a person, which death 
    occurred in the same
transaction or occurrence in which 
    acts occurred for which a defendant is
charged with an 
    offense, shall notify the spouse, parent, child or sibling 
    of
the decedent of the date of the trial of the person or 
    persons allegedly
responsible for the death;


        (9) shall inform the victim of the right to have 
    present at all court
proceedings, subject to the rules of 
    evidence, an advocate or other support
person of the 
    victim's choice, and the right to retain an attorney, at 
    the
victim's own expense, who, upon written notice filed 
    with the clerk of the
court and State's Attorney, is to 
    receive copies of all notices, motions and
court orders 
    filed thereafter in the case, in the same manner as if the 
    victim
were a named party in the case; and


        (10) at the sentencing hearing shall make a good faith 
    attempt to explain
the minimum amount of time during which 
    the defendant may actually be
physically imprisoned.  The 
    Office of the State's Attorney shall further notify
the 
    crime victim of the right to request from the Prisoner 
    Review Board
information concerning the release of the 
    defendant under subparagraph (d)(1)
of this Section; and


        (11) shall request restitution at sentencing and shall 
    consider
restitution in any plea negotiation, as provided 
    by law.

    (c) At the written request of the crime victim, the office 
of the State's
Attorney shall:


        (1) provide notice a reasonable time in advance of the 
    following court
proceedings: preliminary hearing, any 
    hearing the effect of which may be the
release of defendant 
    from custody, or to alter the conditions of bond and the

    sentencing hearing.  The crime victim shall also be notified 
    of the
cancellation of the court proceeding in sufficient 
    time, wherever possible, to
prevent an unnecessary 
    appearance in court;


        (2) provide notice within a reasonable time after 
    receipt of notice from
the custodian, of the release of the 
    defendant on bail or personal recognizance
or the release 
    from detention of a minor who has been detained for a 
    violent
crime;


        (3) explain in nontechnical language the details of any 
    plea or verdict of
a defendant, or any adjudication of a 
    juvenile as a delinquent for a violent
crime;


        (4) where practical, consult with the crime victim 
    before the Office of
the State's Attorney makes an offer of 
    a plea bargain to the defendant or
enters into negotiations 
    with the defendant concerning a possible plea
agreement, 
    and shall consider the written victim impact statement, if 
    prepared
prior to entering into a plea agreement;


        (5) provide notice of the ultimate disposition of the 
    cases arising from
an indictment or an information, or a 
    petition to have a juvenile adjudicated
as a delinquent for 
    a violent crime;


        (6) provide notice of any appeal taken by the defendant 
    and information
on how to contact the appropriate agency 
    handling the appeal;


        (7) provide notice of any request for post-conviction 
    review filed by the
defendant under Article 122 of the Code 
    of Criminal Procedure of 1963, and of
the date, time and 
    place of any hearing concerning the petition.  Whenever

    possible, notice of the hearing shall be given in advance;


        (8) forward a copy of any statement presented under 
    Section 6 to the
Prisoner Review Board to be considered by 
    the Board in making its determination
under subsection (b) 
    of Section 3-3-8 of the Unified Code of Corrections.

    (d) (1) The Prisoner Review Board shall inform a victim or 
any other
concerned citizen, upon written request, of the 
prisoner's release on parole,
mandatory supervised release, 
electronic detention, work release or by the
custodian of the 
discharge of any individual who was adjudicated a delinquent

for a violent crime from State custody and by the sheriff of 
the appropriate
county of any such person's final discharge 
from county custody.
The Prisoner Review Board, upon written 
request, shall provide to a victim or
any other concerned 
citizen a recent photograph of any person convicted of a

felony, upon his or her release from custody.
The Prisoner

Review Board, upon written request, shall inform a victim or 
any other
concerned citizen when feasible at least 7 days prior 
to the prisoner's release
on furlough of the times and dates of 
such furlough.  Upon written request by
the victim or any other 
concerned citizen, the State's Attorney shall notify
the person 
once of the times and dates of release of a prisoner sentenced 
to
periodic imprisonment.  Notification shall be based on the 
most recent
information as to victim's or other concerned 
citizen's residence or other
location available to the 
notifying authority.
For purposes of this paragraph (1) of 
subsection (d), "concerned citizen"
includes relatives of the 
victim, friends of the victim, witnesses to the
crime, or any 
other person associated with the victim or prisoner.


        (2) When the defendant has been committed to the 
    Department of
Human Services pursuant to Section 5-2-4 or 
    any other
provision of the Unified Code of Corrections, the 
    victim may request to be
notified by the releasing 
    authority of the defendant's discharge from State
custody.


        (3) In the event of an escape from State custody, the 
    Department of
Corrections or the Department of Juvenile 
    Justice immediately shall notify the Prisoner Review Board 
    of the escape
and the Prisoner Review Board shall notify 
    the victim.  The notification shall
be based upon the most 
    recent information as to the victim's residence or other

    location available to the Board.  When no such information 
    is available, the
Board shall make all reasonable efforts 
    to obtain the information and make
the notification.  When 
    the escapee is apprehended, the Department of
Corrections 
    or the Department of Juvenile Justice immediately shall 
    notify the Prisoner Review Board and the Board
shall notify 
    the victim.


        (4) The victim of the crime for which the prisoner has 
    been sentenced
shall receive reasonable written notice not 
    less than 15 days prior to the
parole hearing and may 
    submit, in writing, on film, videotape or other
electronic 
    means or in the form of a recording or in person at the 
    parole
hearing
or if a victim of a violent crime, by 
    calling the
toll-free number established in subsection (f) 
    of this Section, information
for
consideration by the 
    Prisoner Review Board.  The
victim shall be notified within 
    7 days after the prisoner has been granted
parole and shall 
    be informed of the right to inspect the registry of parole

    decisions, established under subsection (g) of Section 
    3-3-5 of the Unified
Code of Corrections.  The provisions of 
    this paragraph (4) are subject to the
Open Parole Hearings 
    Act.


        (5) If a statement is presented under Section 6, the 
    Prisoner Review Board
shall inform the victim of any order 
    of discharge entered by the Board pursuant
to Section 3-3-8 
    of the Unified Code of Corrections.


        (6) At the written request of the victim of the crime 
    for which the
prisoner was sentenced, the Prisoner Review 
    Board shall notify the victim of
the death of the prisoner 
    if the prisoner died while on parole or mandatory

    supervised release.


        (7) When a defendant who has been committed to the 
    Department of
Corrections, the Department of Juvenile 
    Justice, or the Department of Human Services is released or 
    discharged and
subsequently committed to the Department of 
    Human Services as a sexually
violent person and the victim 
    had requested to be notified by the releasing
authority of 
    the defendant's discharge from State custody, the 
    releasing
authority shall provide to the Department of 
    Human Services such information
that would allow the 
    Department of Human Services to contact the victim.

    (e) The officials named in this Section may satisfy some or 
all of their
obligations to provide notices and other 
information through participation in a
statewide victim and 
witness notification system established by the Attorney

General under Section 8.5 of this Act.

    (f) To permit a victim of a violent crime to provide 
information to the
Prisoner Review Board for consideration by 
the
Board at a parole hearing of a person who committed the 
crime against
the victim in accordance with clause (d)(4) of 
this Section or at a proceeding
to determine the conditions of 
mandatory supervised release of a person
sentenced to a 
determinate sentence or at a hearing on revocation of mandatory

supervised release of a person sentenced to a determinate 
sentence, the Board
shall establish a toll-free number that may 
be accessed by the victim of
a violent crime to present that 
information to the Board.

(Source: P.A. 93-235, eff. 7-22-03.)


 



    (725 ILCS 120/5)  (from Ch. 38, par. 1405)


    Sec. 5. Rights of Witnesses. 

    (a) Witnesses as defined in subsection (b) of
Section 3 of 
this Act shall have the following rights:


        (1) to be notified by the Office of the State's 
    Attorney of all court
proceedings at which the witness' 
    presence is required in a reasonable
amount of time prior 
    to the proceeding, and to be notified of the
cancellation 
    of any scheduled court proceeding in sufficient time to

    prevent an unnecessary appearance in court, where 
    possible;


        (2) to be provided with appropriate employer 
    intercession services by
the Office of the State's Attorney 
    or the victim advocate personnel to
ensure
that employers 
    of witnesses will cooperate with the criminal justice 
    system
in order to minimize an employee's loss of pay and 
    other benefits resulting
from court appearances;


        (3) to be provided, whenever possible, a secure waiting 
    area during
court proceedings that does not require 
    witnesses to be in close proximity
to defendants and their 
    families and friends;


        (4) to be provided with notice by the Office of the 
    State's Attorney,
where necessary, of the right to have a 
    translator
present whenever the witness' presence is 
    required.

    (b) At the written request of the witness, the witness 
shall:


        (1) receive notice from the office of the State's 
    Attorney of any request
for post-conviction review filed by 
    the defendant under Article 122 of the Code
of Criminal 
    Procedure of 1963, and of the date, time, and place of any 
    hearing
concerning the petition for post-conviction 
    review; whenever possible, notice
of the hearing on the 
    petition shall be given in advance;


        (2) receive notice by the releasing authority of the 
    defendant's discharge
from State custody if the defendant 
    was committed to the Department of Human Services under 
    Section 5-2-4 or any other
provision of the Unified Code of 
    Corrections;


        (3) receive notice from the Prisoner Review Board of 
    the prisoner's escape
from State custody, after the Board 
    has been notified of the escape by the
Department of 
    Corrections or the Department of Juvenile Justice;
when the 
    escapee is apprehended, the Department of Corrections or 
    the Department of Juvenile Justice shall
immediately 
    notify the Prisoner Review Board and the Board shall notify 
    the
witness;


        (4) receive notice from the Prisoner Review Board of 
    the prisoner's
release on parole, electronic detention, 
    work release or mandatory supervised
release and of the 
    prisoner's final
discharge from parole, electronic 
    detention, work release, or mandatory
supervised release.

(Source: P.A. 91-357, eff. 7-29-99.)


 



    (725 ILCS 120/8.5)


    Sec. 8.5. Statewide victim and witness notification 
system. 

    (a) The Attorney General may establish a crime victim and 
witness
notification system to assist public officials in 
carrying out their
duties to notify and inform crime victims 
and witnesses under Section 4.5 of
this Act as the Attorney 
General specifies by rule.  The system shall download
necessary

information from participating officials into its computers, 
where it shall be
maintained, updated, and automatically 
transmitted to victims and witnesses by
telephone, computer, or 
written notice.

    (b) The Illinois Department of Corrections, the Department 
of Juvenile Justice, the Department of Human
Services, and the 
Prisoner Review Board shall cooperate with the Attorney
General 
in the implementation of this Section and shall provide 
information as
necessary to the effective operation of the 
system.

    (c) State's attorneys, circuit court clerks, and local law 
enforcement
and correctional authorities
may enter into 
agreements with the Attorney General for participation in the

system.  The Attorney General may provide those who elect to 
participate with
the equipment, software, or training 
necessary to bring their offices into the
system.

    (d) The provision of information to crime victims and 
witnesses through the
Attorney General's notification system

satisfies a given State or local official's corresponding 
obligation under
Section 4.5 to provide the information.

    (e) The Attorney General may provide for telephonic, 
electronic, or other
public access to the database established 
under this Section.

    (f) The Attorney General shall adopt rules as necessary to 
implement this
Section.  The rules shall include, but not be 
limited to, provisions for the
scope and operation of any 
system the Attorney General may establish
and procedures, 
requirements,
and standards for entering into agreements to 
participate in the system and to
receive equipment, software, 
or training.

    (g) There is established in the Office of the Attorney 
General a Crime
Victim and Witness Notification Advisory

Committee consisting of those victims advocates, sheriffs,
 
State's Attorneys, circuit court clerks, Illinois Department 
of
Corrections, the Department of Juvenile Justice, and 
Prisoner Review
Board
employees that the Attorney General

chooses to appoint.  The Attorney General shall designate one 
member to chair
the Committee.


        (1) The Committee shall consult with and advise the 
    Attorney General as to
the exercise of the Attorney 
    General's authority under this Section, including,
but not 
    limited
to:


            (i) the design, scope, and operation of the 
        notification system;


            (ii) the content of any rules adopted to implement 
        this Section;


            (iii) the procurement of hardware, software, and

        support for the system, including choice of supplier or 
        operator; and


            (iv) the acceptance of agreements with and the 
        award of equipment,
software, or training to officials 
        that seek to participate in the system.


        (2) The Committee shall review the status and operation 
    of the system and
report any findings and recommendations 
    for changes to the Attorney General and
the General 
    Assembly by November 1 of each year.


        (3) The members of the Committee shall receive no 
    compensation for their
services as members of the 
    Committee, but may be reimbursed for their actual
expenses 
    incurred in serving on the Committee.

(Source: P.A. 93-258, eff. 1-1-04.)


 



    (725 ILCS 120/9)  (from Ch. 38, par. 1408)


    Sec. 9. This Act does not limit any rights or 
responsibilities otherwise
enjoyed by or imposed upon victims 
or witnesses of violent crime, nor does it
grant any person a 
cause of action for damages or attorneys fees.  Any act of

omission or commission by any law enforcement officer, circuit 
court clerk,
 or
State's
Attorney, by the Attorney General, 
Prisoner Review Board, Department of
Corrections,
the 
Department of Juvenile Justice, Department of Human Services, 
or other State agency, or private entity under
contract 
pursuant to Section 8, or by any employee of any
State agency 
or private entity under contract pursuant to Section 8 acting

in good faith in rendering crime victim's assistance or

otherwise enforcing this Act shall not impose civil liability 
upon the
individual or entity or his or her supervisor or 
employer.  Nothing in this Act
shall create a basis for vacating 
a conviction or a ground for appellate relief
in any criminal 
case.  Failure of the crime victim to receive notice as

required, however, shall not deprive the court of the power to 
act regarding
the proceeding before it; nor shall any such 
failure grant the defendant the
right to seek a continuance.

(Source: P.A. 93-258, eff. 1-1-04.)



 
    Section 22. The Sexually Violent Persons Commitment Act is 
amended  by changing Sections 15 and 75 as follows:
 



    (725 ILCS 207/15)


    Sec. 15. Sexually violent person petition; contents; 
filing. 

    (a) A petition alleging that a person is a sexually violent

person may be filed by:


        (1) The Attorney General, at the request of the agency 
    with
jurisdiction over the person, as defined in subsection 
    (a) of Section 10 of
this Act, or on his or her own motion.  
    If the Attorney General, after
consulting with and advising 
    the State's Attorney of the county
referenced in paragraph 
    (a)(2) of this Section, decides to file a
petition under 
    this Section, he or she shall file the petition before the

    date of the release or discharge of the person
or within 30 
    days of placement onto parole or mandatory supervised 
    release
for an offense enumerated in paragraph (e) of 
    Section 5 of this Act.


        (2) If the Attorney General does not file a petition 
    under
this Section, the State's Attorney
of the county in 
    which the
person was convicted of a sexually violent 
    offense, adjudicated
delinquent for a sexually violent 
    offense or found not guilty of
or not responsible for a 
    sexually violent offense by reason of
insanity, mental 
    disease, or mental defect may file a petition.


        (3) The Attorney General and the State's Attorney

    referenced in paragraph (a)(2) of this Section jointly.

    (b) A petition filed under this Section shall allege that 
all of the
following apply to the person alleged to be a 
sexually violent person:


        (1) The person satisfies any of the following criteria:


            (A) The person has been convicted of a sexually 
        violent offense;


            (B) The person has been found delinquent for a 
        sexually
violent offense; or


            (C) The person has been found not guilty of a 
        sexually
violent offense by reason of insanity, mental 
        disease, or mental
defect.


        (2) (Blank).


        (3) (Blank).


        (4) The person has a mental disorder.


        (5) The person is dangerous to others because the 
    person's
mental disorder creates a substantial probability 
    that he or she
will engage in acts of sexual violence.

    (b-5) The petition must be filed:


        (1) No more than 90 days before discharge or entry into 
    mandatory
supervised release from a Department of 
    Corrections correctional facility for
a sentence that was 
    imposed upon a conviction for a sexually violent offense,

    or for a sentence that is being served concurrently or 
    consecutively with a
sexually violent offense, and no more 
    than 30 days after the person's entry
into parole or 
    mandatory supervised release; or


        (2) No more than 90 days before discharge or release:


            (A) from a Department of Juvenile Justice

        Corrections juvenile correctional facility if
the 
        person was placed in the facility for being adjudicated 
        delinquent under
Section 5-20 of the Juvenile Court Act 
        of 1987 or found guilty
under Section 5-620 of that Act 
        on the basis of a sexually violent offense; or


            (B) from a commitment order that was entered as a 
        result of a sexually
violent offense.

    (c) A petition filed under this Section shall state with

particularity essential facts to establish probable cause to

believe the person is a sexually violent person.  If the 
petition
alleges that a sexually violent offense or act that is 
a basis for
the allegation under paragraph (b)(1) of this 
Section was an act
that was sexually motivated as provided 
under paragraph (e)(2) of Section
5 of this Act, the petition 
shall state the grounds on which the
offense or act is alleged 
to be sexually motivated.

    (d) A petition under this Section shall be filed in either 
of
the following:


        (1) The circuit court for the county in which the 
    person was
convicted of a sexually violent offense, 
    adjudicated delinquent
for a sexually violent offense or 
    found not guilty of a sexually
violent offense by reason of 
    insanity, mental disease or mental
defect.


        (2) The circuit court for the county in which the 
    person is
in custody under a sentence, a placement to a 
    Department of
Corrections correctional facility or a 
    Department of Juvenile Justice juvenile correctional

    facility, or a commitment order.

(Source: P.A. 91-227, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, 
eff.
6-28-01.)


 



    (725 ILCS 207/75)


    Sec. 75. Notice concerning conditional release,

discharge, 
escape, death, or court-ordered change in the custody status of 
a detainee or civilly committed sexually violent person. 

    (a) As used in this Section, the term:


        (1) "Act of sexual violence" means an act or attempted 
    act
that is a basis for an allegation made in a petition 
    under paragraph (b)(1) of
Section
15 of this Act.


        (2) "Member of the family" means spouse, child, 
    sibling,
parent, or legal guardian.


        (3) "Victim" means a person against whom an act of 
    sexual
violence has been committed.

    (b) If the court places a civilly committed sexually 
violent person on conditional release under
Section 40 or 60 of 
this Act or discharges a person under Section
65, or if a 
detainee or civilly committed sexually violent person escapes, 
dies, or is subject to any court-ordered change in custody 
status of the detainee or sexually violent person, the 
Department shall make a reasonable attempt, if he or she can be 
found, to notify all of the following who have requested

notification under this Act or under the Rights of Crime 
Victims and Witnesses
Act:


        (1) Whichever of the following persons is appropriate 
    in
accordance with the provisions of subsection (a)(3):


            (A) The victim of the act of sexual violence.


            (B) An adult member of the victim's family, if the 
        victim
died as a result of the act of sexual violence.


            (C) The victim's parent or legal guardian, if the 
        victim
is younger than 18 years old.


        (2) The Department of Corrections or the Department of 
    Juvenile Justice.

    (c) The notice under subsection (b) of this Section shall

inform the Department of Corrections or the Department of 
Juvenile Justice and the person notified under
paragraph (b)(1) 
of this Section of the name of
the person committed under this 
Act and the date the person is
placed on conditional release, 
discharged, or if a detainee or civilly committed sexually 
violent person escapes, dies, or is subject to any 
court-ordered change in the custody status of the detainee or 
sexually violent person.  The Department shall
send the notice, 
postmarked at least 7 days before the date the
person committed 
under this Act is placed on conditional release, discharged, or 
if a detainee or civilly committed sexually violent person 
escapes, dies, or is subject to any court-ordered change in the 
custody status of the detainee or sexually violent person, 
unless unusual circumstances do not permit advance written 
notification, to the Department of Corrections or the 
Department of Juvenile Justice and the last-known
address of 
the person notified under paragraph
(b)(1) of this Section.

    (d) The Department shall design and prepare cards for 
persons
specified in paragraph (b)(1) of this Section to send 
to the
Department.  The cards shall have space for these persons 
to
provide their names and addresses, the name of the person

committed under this Act and any other information the 
Department
determines is necessary.  The Department shall 
provide the cards,
without charge, to the Attorney General and 
State's Attorneys.
The Attorney General and State's Attorneys 
shall provide the
cards, without charge, to persons specified 
in paragraph (b)(1)
of this Section.  These persons may send 
completed cards to the
Department.  All records or portions of 
records of the Department
that relate to mailing addresses of 
these persons are not subject
to inspection or copying under 
Section 3 of the Freedom of
Information Act.

(Source: P.A. 93-885, eff. 8-6-04.)


 
    Section 25. The Unified Code of Corrections is amended  by 
adding Article 2.5 to Chapter III and  by changing Sections 
3-1-2, 3-2-2, 3-2-5, 3-2-6,  3-3-3, 3-3-4, 3-3-5, 3-3-9, 3-4-3, 
3-5-1, 3-5-3.1, 3-6-2, 3-9-1, 3-9-2, 3-9-3, 3-9-4, 3-9-5, 
3-9-6, 3-9-7, 3-10-1, 3-10-2, 3-10-3, 3-10-4, 3-10-5, 3-10-6, 
3-10-7, 3-10-8, 3-10-9, 3-10-10, 3-10-11, 3-10-12, 3-10-13, 
3-15-2, 3-16-5, and 5-8-6 and  the heading of Article 9 of 
Chapter III as follows:
 



    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)


    Sec. 3-1-2. Definitions. 
    (a) "Chief Administrative Officer" means the
person 
designated by the Director to exercise the powers and duties of 
the
Department of Corrections in regard to committed persons 
within
a correctional institution or facility, and includes the

superintendent of any juvenile institution or facility.

    (a-5) "Sex offense" for the purposes of paragraph (16) of 
subsection (a) of Section 3-3-7, paragraph (10) of subsection 
(a) of Section 5-6-3, and paragraph (18) of subsection (c) of 
Section 5-6-3.1 only  means:
        (i) A violation of any of the following Sections of the 
    Criminal Code of
1961: 10-7 (aiding and abetting child 
    abduction under Section 10-5(b)(10)),
10-5(b)(10) (child 
    luring), 11-6 (indecent solicitation of a child), 11-6.5

    (indecent solicitation of an adult),
11-15.1 (soliciting 
    for a juvenile
prostitute), 11-17.1 (keeping a place of 
    juvenile prostitution), 11-18.1
(patronizing a juvenile 
    prostitute), 11-19.1 (juvenile pimping),
11-19.2 
    (exploitation of a child), 11-20.1 (child pornography), 
    12-14.1
(predatory criminal sexual assault of a child), or 
    12-33 (ritualized abuse of a
child).  An attempt to commit 
    any of
these offenses.
        (ii) A violation of any of the following Sections of 
    the Criminal Code
of 1961: 12-13 (criminal
sexual assault), 
    12-14 (aggravated criminal sexual assault), 12-16 
    (aggravated criminal sexual abuse), and subsection (a) of 
    Section 12-15
(criminal sexual abuse).  An attempt to commit

    any of these offenses.
        (iii) A violation of any of the following Sections of 
    the Criminal Code
of 1961 when the defendant is
not a 
    parent of the victim:
            10-1 (kidnapping),

            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),

            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
        (iv) A violation of any former law of this State 
    substantially
equivalent to any offense listed in this 
    subsection (a-5).
    An offense violating federal law or the law of another 
state
that is substantially equivalent to any offense listed in 
this
 subsection (a-5) shall constitute a sex offense for the 
purpose of
this subsection (a-5).  A finding or adjudication as 
a sexually dangerous person under
any federal law or law of 
another state that is substantially equivalent to the
Sexually 
Dangerous Persons Act shall constitute an adjudication for a 
sex offense for  the
purposes of this subsection (a-5).

    (b) "Commitment" means a judicially determined placement

in the custody of the Department of Corrections on the basis of

delinquency or conviction.

    (c) "Committed Person" is a person committed to the 
Department,
however a committed person shall not be considered 
to be an employee of
the Department of Corrections for any 
purpose, including eligibility for
a pension, benefits, or any 
other compensation or rights or privileges which
may be 
provided to employees of the Department.

    (d) "Correctional Institution or Facility" means any 
building or
part of a building where committed persons are kept 
in a secured manner.

    (e) In the case of functions performed before the effective 
date of this amendatory Act of the 94th General Assembly,  
"Department" means the Department of Corrections of this State. 
In the case of functions performed on or after the effective 
date of this amendatory Act of the 94th General Assembly,   
"Department" has the meaning ascribed to it in subsection 
(f-5).


    (f) In the case of functions performed before the effective 
date of this amendatory Act of the 94th General Assembly, 
"Director" means the Director of the Department of Corrections. 
In the case of functions performed on or after the effective 
date of this amendatory Act of the 94th General Assembly,   
"Director" has the meaning ascribed to it in subsection (f-5).

    (f-5) In the case of functions performed on or after the 
effective date of this amendatory Act of the 94th General 
Assembly, references to "Department" or "Director" refer to 
either the Department of Corrections or the Director of 
Corrections or to the Department of Juvenile Justice or the 
Director of Juvenile Justice unless the context is specific to 
the Department of Juvenile Justice or  the Director of Juvenile 
Justice.

    (g) "Discharge" means the final termination of a commitment

to the Department of Corrections.

    (h) "Discipline" means the rules and regulations for the

maintenance of order and the protection of persons and property

within the institutions and facilities of the Department and

their enforcement.

    (i) "Escape" means the intentional and unauthorized 
absence
of a committed person from the custody of the 
Department.

    (j) "Furlough" means an authorized leave of absence from 
the
Department of Corrections for a designated purpose and 
period of time.

    (k) "Parole" means the conditional and revocable release
of 
a committed person under the supervision of a parole officer.

    (l) "Prisoner Review Board" means the Board established in

Section 3-3-1(a), independent of the Department, to review

rules and regulations with respect to good time credits, to

hear charges brought by the Department against certain 
prisoners
alleged to have violated Department rules with 
respect to good
time credits, to set release dates for certain 
prisoners
sentenced under the law in effect prior to the 
effective
date of this Amendatory Act of 1977, to hear requests 
and
make recommendations to the Governor with respect to 
pardon,
reprieve or commutation, to set conditions for parole 
and
mandatory supervised release and determine whether 
violations
of those conditions justify revocation of parole or 
release,
and to assume all other functions previously exercised 
by the
Illinois Parole and Pardon Board.

    (m) Whenever medical treatment, service, counseling, or

care is referred to in this Unified Code of Corrections,
such 
term may be construed by the Department or Court, within
its 
discretion, to include treatment, service or counseling by
a 
Christian Science practitioner or nursing care appropriate

therewith whenever request therefor is made by a person subject

to the provisions of this Act.

    (n) "Victim" shall have the meaning ascribed to it in 
subsection (a) of
Section 3 of the Bill of Rights for Victims 
and Witnesses of Violent Crime Act.

(Source: P.A. 94-159, eff. 7-11-05.)

 



    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)


    Sec. 3-2-2. Powers and Duties of the Department. 

    (1) In addition to the powers, duties and responsibilities 
which are
otherwise provided by law, the Department shall have 
the following powers:


        (a) To accept persons committed to it by the courts of 
    this State for
care, custody, treatment and 
    rehabilitation, and to accept federal prisoners and aliens 
    over whom the Office of the Federal Detention Trustee is 
    authorized to exercise the federal detention function for 
    limited purposes and periods of time.


        (b) To develop and maintain reception and evaluation 
    units for purposes
of analyzing the custody and 
    rehabilitation needs of persons committed to
it and to 
    assign such persons to institutions and programs under its 
    control
or transfer them to other appropriate agencies.  In 
    consultation with the
Department of Alcoholism and 
    Substance Abuse (now the Department of Human
Services), the 
    Department of Corrections
shall develop a master plan for 
    the screening and evaluation of persons
committed to its 
    custody who have alcohol or drug abuse problems, and for

    making appropriate treatment available to such persons; 
    the Department
shall report to the General Assembly on such 
    plan not later than April 1,
1987.  The maintenance and 
    implementation of such plan shall be contingent
upon the 
    availability of funds.


        (b-1) To create and implement, on January 1, 2002, a 
    pilot
program to
establish the effectiveness of 
    pupillometer technology (the measurement of the
pupil's

    reaction to light) as an alternative to a urine test for 
    purposes of screening
and evaluating
persons committed to 
    its custody who have alcohol or drug problems. The
pilot 
    program shall require the pupillometer technology to be 
    used in at
least one Department of
Corrections facility.  
    The Director may expand the pilot program to include an

    additional facility or
facilities as he or she deems 
    appropriate.
A minimum of 4,000 tests shall be included in 
    the pilot program.
The
Department must report to the

    General Assembly on the
effectiveness of the program by 
    January 1, 2003.


        (b-5) To develop, in consultation with the Department 
    of State Police, a
program for tracking and evaluating each 
    inmate from commitment through release
for recording his or 
    her gang affiliations, activities, or ranks.


        (c) To maintain and administer all State correctional 
    institutions and
facilities under its control and to 
    establish new ones as needed.  Pursuant
to its power to 
    establish new institutions and facilities, the Department

    may, with the written approval of the Governor, authorize 
    the Department of
Central Management Services to enter into 
    an agreement of the type
described in subsection (d) of 
    Section 405-300 of the
Department
of Central Management 
    Services Law (20 ILCS 405/405-300).  The Department shall

    designate those institutions which
shall constitute the 
    State Penitentiary System.


        Pursuant to its power to establish new institutions and 
    facilities, the
Department may authorize the Department of 
    Central Management Services to
accept bids from counties 
    and municipalities for the construction,
remodeling or 
    conversion of a structure to be leased to the Department of

    Corrections for the purposes of its serving as a 
    correctional institution
or facility.  Such construction, 
    remodeling or conversion may be financed
with revenue bonds 
    issued pursuant to the Industrial Building Revenue Bond
Act 
    by the municipality or county.  The lease specified in a bid 
    shall be
for a term of not less than the time needed to 
    retire any revenue bonds
used to finance the project, but 
    not to exceed 40 years.  The lease may
grant to the State 
    the option to purchase the structure outright.


        Upon receipt of the bids, the Department may certify 
    one or more of the
bids and shall submit any such bids to 
    the General Assembly for approval.
Upon approval of a bid 
    by a constitutional majority of both houses of the
General 
    Assembly, pursuant to joint resolution, the Department of 
    Central
Management Services may enter into an agreement 
    with the county or
municipality pursuant to such bid.


        (c-5) To build and maintain regional juvenile 
    detention centers and to
charge a per diem to the counties 
    as established by the Department to defray
the costs of 
    housing each minor in a center.  In this subsection (c-5),

    "juvenile
detention center" means a facility to house 
    minors during pendency of trial who
have been transferred 
    from proceedings under the Juvenile Court Act of 1987 to

    prosecutions under the criminal laws of this State in 
    accordance with Section
5-805 of the Juvenile Court Act of 
    1987, whether the transfer was by operation
of
law or 
    permissive under that Section.  The Department shall 
    designate the
counties to be served by each regional 
    juvenile detention center.


        (d) To develop and maintain programs of control, 
    rehabilitation and
employment of committed persons within 
    its institutions.


        (e) To establish a system of supervision and guidance 
    of committed persons
in the community.


        (f) To establish in cooperation with the Department of 
    Transportation
to supply a sufficient number of prisoners 
    for use by the Department of
Transportation to clean up the 
    trash and garbage along State, county,
township, or 
    municipal highways as designated by the Department of

    Transportation.  The Department of Corrections, at the 
    request of the
Department of Transportation, shall furnish 
    such prisoners at least
annually for a period to be agreed 
    upon between the Director of
Corrections and the Director 
    of Transportation.  The prisoners used on this
program shall 
    be selected by the Director of Corrections on whatever 
    basis
he deems proper in consideration of their term, 
    behavior and earned eligibility
to participate in such 
    program - where they will be outside of the prison
facility 
    but still in the custody of the Department of Corrections.  
    Prisoners
convicted of first degree murder, or a Class X 
    felony, or armed violence, or
aggravated kidnapping,  or 
    criminal sexual assault, aggravated criminal sexual
abuse 
    or a subsequent conviction for criminal sexual abuse, or 
    forcible
detention, or arson, or a prisoner adjudged a 
    Habitual Criminal shall not be
eligible for selection to 
    participate in such program.  The prisoners shall
remain as 
    prisoners in the custody of the Department of Corrections 
    and such
Department shall furnish whatever security is 
    necessary. The Department of
Transportation shall furnish 
    trucks and equipment for the highway cleanup
program and 
    personnel to supervise and direct the program. Neither the

    Department of Corrections nor the Department of 
    Transportation shall replace
any regular employee with a 
    prisoner.


        (g) To maintain records of persons committed to it and 
    to establish
programs of research, statistics and 
    planning.


        (h) To investigate the grievances of any person 
    committed to the
Department, to inquire into any alleged 
    misconduct by employees
or committed persons, and to 
    investigate the assets
of committed persons to implement 
    Section 3-7-6 of this Code; and for
these purposes it may 
    issue subpoenas and compel the attendance of witnesses
and 
    the production of writings and papers, and may examine 
    under oath any
witnesses who may appear before it; to also 
    investigate alleged violations
of a parolee's or 
    releasee's conditions of parole or 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 such
procedures would provide 
    evidence that such 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.


        (i) To appoint and remove the chief administrative 
    officers, and
administer
programs of training and 
    development of personnel of the Department. Personnel

    assigned by the Department to be responsible for the

    custody and control of committed persons or to investigate 
    the alleged
misconduct of committed persons or employees or 
    alleged violations of a
parolee's or releasee's conditions 
    of parole shall be conservators of the peace
for those 
    purposes, and shall have the full power of peace officers 
    outside
of the facilities of the Department in the 
    protection, arrest, retaking
and reconfining of committed 
    persons or where the exercise of such power
is necessary to 
    the investigation of such misconduct or violations.


        (j) To cooperate with other departments and agencies 
    and with local
communities for the development of standards 
    and programs for better
correctional services in this 
    State.


        (k) To administer all moneys and properties of the 
    Department.


        (l) To report annually to the Governor on the committed

    persons, institutions and programs of the Department.


        (l-5) In a confidential annual report to the Governor, 
    the Department
shall
identify all inmate gangs by 
    specifying each current gang's name, population
and allied 
    gangs.  The Department shall further specify the number of 
    top
leaders identified by the Department for each gang 
    during the past year, and
the measures taken by the 
    Department to segregate each leader from his or her
gang 
    and allied gangs.  The Department shall further report the 
    current status
of leaders identified and segregated in 
    previous years.  All leaders described
in the report shall 
    be identified by inmate number or other designation to

    enable tracking, auditing, and verification without 
    revealing the names of the
leaders.  Because this report 
    contains law enforcement intelligence information

    collected by the Department, the report is confidential and 
    not subject to
public disclosure.


        (m) To make all rules and regulations and exercise all 
    powers and duties
vested by law in the Department.


        (n) To establish rules and regulations for 
    administering a system of
good conduct credits, 
    established in accordance with Section 3-6-3, subject
to 
    review by the Prisoner Review Board.


        (o) To administer the distribution of funds
from the 
    State Treasury to reimburse counties where State penal

    institutions are located for the payment of assistant 
    state's attorneys'
salaries under Section 4-2001 of the 
    Counties Code.


        (p) To exchange information with the Department of 
    Human Services and the
Illinois Department of Public Aid

    for the purpose of verifying living arrangements and for 
    other purposes
directly connected with the administration 
    of this Code and the Illinois
Public Aid Code.


        (q) To establish a diversion program.


        The program shall provide a structured environment for 
    selected
technical parole or mandatory supervised release 
    violators and committed
persons who have violated the rules 
    governing their conduct while in work
release.  This program 
    shall not apply to those persons who have committed
a new 
    offense while serving on parole or mandatory supervised 
    release or
while committed to work release.


        Elements of the program shall include, but shall not be 
    limited to, the
following:


            (1) The staff of a diversion facility shall provide 
        supervision in
accordance with required objectives set 
        by the facility.


            (2) Participants shall be required to maintain 
        employment.


            (3) Each participant shall pay for room and board 
        at the facility on a
sliding-scale basis according to 
        the participant's income.


            (4) Each participant shall:


                (A) provide restitution to victims in 
            accordance with any court order;


                (B) provide financial support to his 
            dependents; and


                (C) make appropriate payments toward any other 
            court-ordered
obligations.


            (5) Each participant shall complete community 
        service in addition to
employment.


            (6) Participants shall take part in such 
        counseling, educational and
other programs as the 
        Department may deem appropriate.


            (7) Participants shall submit to drug and alcohol 
        screening.


            (8) The Department shall promulgate rules 
        governing the administration
of the program.


        (r) To enter into intergovernmental cooperation 
    agreements under which
persons in the custody of the 
    Department may participate in a county impact

    incarceration program established under Section 3-6038 or 
    3-15003.5 of the
Counties Code.


        (r-5) (Blank).
To enter into intergovernmental 
    cooperation agreements under which
minors adjudicated 
    delinquent and committed to the Department of Corrections,

    Juvenile Division, may participate in a county juvenile 
    impact incarceration
program established under Section 
    3-6039 of the Counties Code.


        (r-10) To systematically and routinely identify with 
    respect to each
streetgang active within the correctional 
    system: (1) each active gang; (2)
every existing inter-gang 
    affiliation or alliance; and (3) the current leaders
in 
    each gang.  The Department shall promptly segregate leaders 
    from inmates who
belong to their gangs and allied gangs.  
    "Segregate" means no physical contact
and, to the extent 
    possible under the conditions and space available at the

    correctional facility, prohibition of visual and sound 
    communication.  For the
purposes of this paragraph (r-10), 
    "leaders" means persons who:


            (i) are members of a criminal streetgang;


            (ii) with respect to other individuals within the 
        streetgang, occupy a
position of organizer, 
        supervisor, or other position of management or

        leadership; and


            (iii) are actively and personally engaged in 
        directing, ordering,
authorizing, or requesting 
        commission of criminal acts by others, which are

        punishable as a felony, in furtherance of streetgang 
        related activity both
within and outside of the 
        Department of Corrections.


    "Streetgang", "gang", and "streetgang related" have the 
    meanings ascribed to
them in Section 10 of the Illinois 
    Streetgang Terrorism Omnibus Prevention
Act.


        (s) To operate a super-maximum security institution, 
    in order to
manage and
supervise inmates who are disruptive 
    or dangerous and provide for the safety
and security of the 
    staff and the other inmates.


        (t) To monitor any unprivileged conversation or any 
    unprivileged
communication, whether in person or  by mail, 
    telephone, or other means,
between an inmate who, before 
    commitment to the Department, was a member of an
organized 
    gang and any other person without the need to show cause or 
    satisfy
any other requirement of law before beginning the 
    monitoring, except as
constitutionally required. The 
    monitoring may be by video, voice, or other
method of 
    recording or by any other means.  As used in this 
    subdivision (1)(t),
"organized gang" has the meaning 
    ascribed to it in Section 10 of the Illinois
Streetgang 
    Terrorism Omnibus Prevention Act.


        As used in this subdivision (1)(t), "unprivileged 
    conversation" or
"unprivileged communication" means a 
    conversation or communication that is not
protected by any 
    privilege recognized by law or by decision, rule, or order 
    of
the Illinois Supreme Court.


        (u) To establish a Women's and Children's Pre-release 
    Community
Supervision
Program for the purpose of providing 
    housing and services to eligible female
inmates, as 
    determined by the Department, and their newborn and young

    children.


        (v) To do all other acts necessary to carry out the 
    provisions
of this Chapter.

    (2) The Department of Corrections shall by January 1, 1998, 
consider
building and operating a correctional facility within 
100 miles of a county of
over 2,000,000 inhabitants, especially 
a facility designed to house juvenile
participants in the 
impact incarceration program.

    (3) When the Department lets bids for contracts for medical

services to be provided to persons committed to Department 
facilities by
a health maintenance organization, medical 
service corporation, or other
health care provider, the bid may 
only be let to a health care provider
that has obtained an 
irrevocable letter of credit or performance bond
issued by a 
company whose bonds are rated AAA by a bond rating

organization.

    (4) When the Department lets bids for
contracts for food or 
commissary services to be provided to
Department facilities, 
the bid may only be let to a food or commissary
services 
provider that has obtained an irrevocable letter of
credit or 
performance bond issued by a company whose bonds are rated
AAA 
by a bond rating organization.

(Source: P.A. 92-444, eff. 1-1-02; 92-712, eff. 1-1-03; 93-839, 
eff. 7-30-04.)


 



    (730 ILCS 5/3-2-5)  (from Ch. 38, par. 1003-2-5)



    Sec. 3-2-5. Organization of the Department of Corrections 
and the Department of Juvenile Justice. 

    (a) There shall be an Adult Division within the Department 
which shall
be administered by an Assistant Director appointed 
by the Governor under
The Civil Administrative Code of 
Illinois. The Assistant Director shall be
under the direction 
of the Director. The Adult Division shall be
responsible for 
all persons committed or transferred to the Department
under 
Sections 3-10-7 or 5-8-6 of this Code.

    (b)
There shall be a Department of Juvenile Justice which 
shall be administered by a Director appointed by the Governor 
under the Civil Administrative Code of Illinois.  The Department 
of Juvenile Justice shall be responsible for all persons under 
17 years of age when sentenced to imprisonment and committed to 
the Department under subsection (c) of Section 5-8-6 of this 
Code, Section 5-10 of the Juvenile Court Act, or Section 5-750 
of the Juvenile Court Act of 1987.  Persons under 17 years of 
age committed to the Department of Juvenile Justice pursuant to 
this Code shall be sight and sound separate from adult 
offenders  committed to the Department of Corrections.
There 
shall be a Juvenile Division within the Department which shall

be administered by an Assistant Director appointed by the 
Governor under
The Civil Administrative Code of Illinois. The 
Assistant Director shall be
under the direction of the 
Director. The Juvenile Division shall be
responsible for all 
persons committed to the Juvenile Division of the
Department 
under Section 5-8-6 of this Code or Section 5-10 of
the 
Juvenile Court Act or Section 5-750 of the Juvenile Court Act

of 1987.

    (c) The Department shall create a gang intelligence unit 
under the
supervision of the Director.  The unit shall be 
specifically designed to gather
information regarding the 
inmate gang population, monitor the activities of
gangs, and 
prevent the furtherance of gang activities through the 
development
and implementation of policies aimed at deterring 
gang activity. The Director
shall appoint a Corrections 
Intelligence Coordinator.

    All information collected and maintained by the unit shall 
be highly
confidential, and access to that information shall be 
restricted by the
Department.  The information
shall be used to 
control and limit the activities of gangs within correctional

institutions under the jurisdiction of the Illinois
Department 
of Corrections and may be shared with other law enforcement 
agencies
in order to curb gang activities outside of 
correctional institutions under the
jurisdiction of the 
Department and to assist in
the investigations and prosecutions 
of gang activity.  The Department shall
establish and promulgate 
rules governing the release of information to outside
law 
enforcement agencies.  Due to the highly sensitive nature of the

information, the information is exempt from requests for 
disclosure under the
Freedom
of Information Act as the 
information contained is highly confidential and may
be harmful 
if disclosed.

    The Department shall file an annual report with the General 
Assembly on the
profile of the inmate
population associated 
with gangs, gang-related activity within correctional

institutions under the jurisdiction of the Department,
and an 
overall status of the unit as it relates to its function and

performance.

(Source: P.A. 90-590, eff. 1-1-99; 91-912, eff. 7-7-00.)

 



    (730 ILCS 5/3-2-6)  (from Ch. 38, par. 1003-2-6)


    Sec. 3-2-6. Advisory Boards. (a) There shall be an Adult 
Advisory Board within the Department of Corrections
and a 
Juvenile Advisory Board
each composed of 11 persons, one of 
whom shall be a senior citizen age 60
or over, appointed by the 
Governor to advise the Director
on matters pertaining to adult 
and juvenile offenders respectively. The
members of the Boards 
shall be qualified for their positions by
demonstrated interest 
in and knowledge of adult and juvenile correctional
work and 
shall not be officials of the State in any other capacity. The

members first appointed under this amendatory  Act of 1984
shall 
serve for a term of 6 years and shall be appointed as soon as

possible after the effective date of this amendatory Act of 
1984.  The
members of the Boards now serving shall complete 
their terms as appointed,
and thereafter members shall be 
appointed by the Governor to terms of 6
years. Any vacancy 
occurring shall be filled in the same manner for the
remainder 
of the term. The Director of Corrections and the Assistant

Directors, Adult and Juvenile Divisions respectively, for the 2 
Boards,
shall be ex-officio members of the Boards. Each Board 
shall elect a
chairman from among its appointed members. The 
Director shall serve as
secretary of each Board. Members of 
each Board shall serve without
compensation but shall be 
reimbursed for expenses necessarily incurred in
the 
performance of their duties. The
Each Board shall meet 
quarterly and at
other times at the call of the chairman. At 
the request of the Director,
the Boards may meet together.

    (b) The Boards shall advise the Director concerning policy 
matters and
programs of the Department with regard to the 
custody, care, study,
discipline, training and treatment of 
persons in the State correctional
institutions and for the care 
and supervision of persons released on parole.

    (c) There shall be a Subcommittee on Women Offenders to the 
Adult
Advisory Board.  The Subcommittee shall be composed of 3 
members of the
Adult Advisory Board appointed by the Chairman 
who shall designate one
member as the chairman of the 
Subcommittee.  Members of the Subcommittee
shall serve without 
compensation but shall be reimbursed for expenses
necessarily 
incurred in the performance of their duties.  The Subcommittee

shall meet no less often than quarterly and at other times at 
the call of its chairman.

    The Subcommittee shall advise the Adult Advisory Board and 
the
Director on all policy matters and programs of the 
Department with regard
to the custody, care, study, discipline, 
training and treatment of women in
the State correctional 
institutions and for the care and supervision of
women released 
on parole.

(Source: P.A. 85-624.)


 
    (730 ILCS 5/Ch. III Art. 2.5 heading new)

ARTICLE 2.5.  DEPARTMENT OF JUVENILE JUSTICE

 
    (730 ILCS 5/3-2.5-1 new)

    Sec. 3-2.5-1. Short title.  This Article 2.5 may be cited 
as the Department of Juvenile Justice Law.
 
    (730 ILCS 5/3-2.5-5 new)

    Sec. 3-2.5-5. Purpose. The purpose of this Article is to 
create the Department of Juvenile Justice to provide  treatment 
and services through a comprehensive continuum of 
individualized educational, vocational, social, emotional, and 
basic life skills to enable youth to avoid delinquent futures 
and become productive, fulfilled citizens. The Department 
shall embrace the legislative policy of the State to promote 
the philosophy of balanced and restorative justice set forth in 
Section 5-101 of the Juvenile Court Act of 1987.
    This amendatory Act of the 94th General Assembly transfers 
to the Department certain rights, powers, duties, and functions 
that were exercised by the Juvenile Division of the Department 
of Corrections before the effective date of this amendatory Act 
of the 94th General Assembly.

 
    (730 ILCS 5/3-2.5-10 new)

    Sec. 3-2.5-10. Definitions. As used in this Article, unless 
the context otherwise requires:
    "Department" means the Department of Juvenile Justice.
    "Director" means the Director of Juvenile Justice. Any 
reference to the "Assistant Director of the Juvenile Division" 
or of a predecessor department or agency occurring in any law 
or instrument shall, beginning on the effective date of this 
amendatory Act of the 94th General Assembly, be construed to 
mean the Director of Juvenile Justice.
 
    (730 ILCS 5/3-2.5-15 new)

    Sec. 3-2.5-15. Department of Juvenile Justice; assumption 
of duties of the Juvenile Division.
    (a) The Department of Juvenile Justice shall assume the 
rights, powers, duties, and responsibilities of the Juvenile 
Division of the Department of Corrections. Personnel, books, 
records, property, and unencumbered appropriations pertaining 
to the Juvenile Division of the Department of Corrections shall 
be transferred to the Department of Juvenile Justice on the 
effective date of this amendatory Act of the 94th General 
Assembly. Any rights of employees or the State under the 
Personnel Code or any other contract or plan shall be 
unaffected by this transfer.
    (b) Department of Juvenile Justice personnel who are hired 
by the Department on or after the effective date of this 
amendatory Act of the 94th General Assembly and who participate 
or assist in the rehabilitative and vocational training of 
delinquent youths, supervise the daily activities involving 
direct and continuing responsibility for the youth's security, 
welfare and development, or participate in the personal 
rehabilitation of delinquent youth by training, supervising, 
and assisting lower level personnel who perform these duties 
must be over the age of 21 and have a bachelor's or advanced 
degree from an accredited college or university with a 
specialization in criminal justice, education, psychology, 
social work, or a closely related social science.    This 
requirement shall not apply to security, clerical, food 
service, and maintenance staff that do not have direct and 
regular contact with youth.  The degree requirements specified 
in this subsection (b) are not required of persons who provide 
vocational training and who have  adequate knowledge in the 
skill for which they are providing the  vocational training.
    (c) Subsection (b) of this  Section does not apply to 
personnel transferred to the Department of Juvenile Justice on 
the effective date of this amendatory Act of the 94th General 
Assembly.
    (d) The Department shall be under the direction of the 
Director of Juvenile Justice as provided in this Code.
    (e) The Director shall organize divisions within the 
Department and shall assign functions, powers, duties, and 
personnel as required by law. The Director may create other 
divisions and may assign other functions, powers, duties, and 
personnel as may be necessary or desirable to carry out the 
functions and responsibilities vested by law in the Department. 
The Director shall, with the approval of the Office of the 
Governor, assign to and share functions, powers, duties, and 
personnel with the Department of Corrections or other State 
agencies such that administrative services and administrative 
facilities are provided by the Department of Corrections or a 
shared administrative service center. These administrative 
services include, but are not limited to, all of the following 
functions: budgeting, accounting related functions, auditing, 
human resources, legal, procurement, training, data collection 
and analysis, information technology, internal investigations, 
intelligence, legislative services, emergency response 
capability, statewide transportation services, and general 
office support.
    (f) The Department of Juvenile Justice may enter into 
intergovernmental cooperation agreements under which minors 
adjudicated delinquent and committed to the Department of 
Juvenile Justice may participate in county juvenile impact 
incarceration programs established under Section 3-6039 of the 
Counties Code.

 
    (730 ILCS 5/3-2.5-20 new)

    Sec. 3-2.5-20. General powers and duties.
    (a) In addition to the powers, duties, and responsibilities 
which are otherwise provided by law or transferred to the 
Department as a result of this Article, the Department, as 
determined by the Director, shall have, but are not limited to, 
the following rights, powers, functions and duties:
        (1) To accept juveniles committed to it by the courts 
    of this State for care, custody, treatment, and 
    rehabilitation.
        (2) To maintain and administer all State juvenile 
    correctional institutions previously under the control of 
    the Juvenile and Women's & Children Divisions of the 
    Department of Corrections, and to establish and maintain 
    institutions as needed to meet the needs of the youth 
    committed to its care.
        (3) To identify the need for and recommend the funding 
    and implementation of an appropriate mix of programs and 
    services within the juvenile justice continuum, including 
    but not limited to prevention, nonresidential and 
    residential commitment programs, day treatment, and 
    conditional release programs and services, with the 
    support of educational, vocational, alcohol, drug abuse, 
    and mental health services where appropriate.
        (4) To establish and provide transitional and 
    post-release treatment programs for juveniles committed to 
    the Department. Services shall include but are  not limited 
    to:
            (i) family and individual counseling and treatment 
        placement;
            (ii) referral services to any other State or local 
        agencies;
            (iii) mental health services;
            (iv) educational services;
            (v) family counseling services; and
            (vi) substance abuse services.
        (5) To access vital records of juveniles for the 
    purposes of providing necessary documentation for 
    transitional services such as obtaining identification, 
    educational enrollment, employment, and housing.
        (6) To develop staffing and workload standards and 
    coordinate staff development and training appropriate for 
    juvenile populations.
        (7) To develop, with the approval of the Office of the 
    Governor and the Governor's Office of Management and 
    Budget, annual budget requests.

    (b) The Department may employ personnel in accordance with 
the Personnel Code and Section 3-2.5-15 of this Code, provide 
facilities, contract for goods and services, and adopt rules as 
necessary to carry out its functions and purposes, all in 
accordance with applicable State and federal law.

 
    (730 ILCS 5/3-2.5-30 new)

    Sec. 3-2.5-30. Discontinued Department and office; 
successor agency.
    (a) The Juvenile Division of the Department of Corrections 
is abolished on the effective date of this amendatory Act of 
the 94th General Assembly.
    (b) The term of the person then serving as the Assistant 
Director of the Juvenile Division of the Department of 
Corrections shall end on the effective date of this amendatory 
Act of the 94th General Assembly, and that office is abolished 
on that date.
    (c) For the purposes of the Successor Agency Act, the 
Department of Juvenile Justice is declared to be the successor 
agency of the Juvenile Division of the Department of 
Corrections.

 
    (730 ILCS 5/3-2.5-35 new)

    Sec. 3-2.5-35. Transfer of powers. Except as otherwise 
provided in this Article, all of the rights, powers, duties, 
and functions vested by law in the Juvenile Division of the 
Department of Corrections are transferred to the Department of 
Juvenile Justice on the effective date of this amendatory Act 
of the 94th General Assembly.
 
    (730 ILCS 5/3-2.5-40 new)

    Sec. 3-2.5-40. Transfer of personnel.
    (a) Personnel employed by the school district of the 
Department of Corrections who work with youth under the age of 
21 and personnel employed by the Juvenile Division of the 
Department of Corrections immediately preceding the effective 
date of this amendatory Act of the 94th General Assembly are 
transferred to the Department of Juvenile Justice on the 
effective date of this amendatory Act of the 94th General 
Assembly.

    (b) The rights of State employees, the State, and its 
agencies under the Personnel Code and applicable collective 
bargaining agreements and retirement plans are not affected by 
this Article. Any rights of State employees affected by this 
Article shall be governed by the existing collective bargaining 
agreements.

 
    (730 ILCS 5/3-2.5-40.1 new)

    Sec. 3-2.5-40.1. Training. The Department shall design 
training for its personnel and shall enter into agreements with 
the Department of Corrections or other State agencies and 
through them, if necessary, public and private colleges and 
universities, or private organizations to ensure that staff are 
trained to work with a broad range of youth and possess the 
skills necessary to assess, engage, educate, and intervene with 
youth in its custody in ways that are appropriate to ensure 
successful outcomes for those youth and their families pursuant 
to the mission of the Department.
 
    (730 ILCS 5/3-2.5-45 new)

    Sec. 3-2.5-45. Transfer of property. All books, records, 
documents, property (real and personal), unexpended 
appropriations, and pending business pertaining to the rights, 
powers, duties, and functions transferred to the Department of 
Juvenile Justice under this Article shall be transferred and 
delivered to the Department of Juvenile Justice on the 
effective date of this amendatory Act of the 94th General 
Assembly.
 
    (730 ILCS 5/3-2.5-50 new)

    Sec. 3-2.5-50. Rules and standards.
    (a) The rules and standards of the Juvenile Division of the 
Department of Corrections that are in effect immediately prior 
to the effective date of this amendatory Act of the 94th 
General Assembly and pertain to the rights, powers, duties, and 
functions transferred to the Department of Juvenile Justice 
under this Article shall become the rules and standards of the 
Department of Juvenile Justice on the effective date of this 
amendatory Act of the 94th General Assembly and shall continue 
in effect until amended or repealed by the Department.
    (b) Any rules pertaining to the rights, powers, duties, and 
functions transferred to the Department under this Article that 
have been proposed by the Juvenile Division of the Department 
of Corrections but have not taken effect or been finally 
adopted immediately prior to the effective date of this 
amendatory Act of the 94th General Assembly shall become 
proposed rules of the Department of Juvenile Justice on the 
effective date of this amendatory Act of the 94th General 
Assembly, and any rulemaking procedures that have already been 
completed by the Juvenile Division of the Department of 
Corrections for those proposed rules need not be repeated.
    (c) As soon as practical after the effective date of this 
amendatory Act of the 94th General Assembly, the Department of 
Juvenile Justice shall revise and clarify the rules transferred 
to it under this Article to reflect the reorganization of 
rights, powers, duties, and functions effected by this Article 
using the procedures for recodification of rules available 
under the Illinois Administrative Procedure Act, except that 
existing title, part, and section numbering for the affected 
rules may be retained. The Department may propose and adopt 
under the Illinois Administrative Procedure Act such other 
rules as may be necessary to consolidate and clarify the rules 
of the agency reorganized by this Article.

 
    (730 ILCS 5/3-2.5-60 new)

    Sec. 3-2.5-60. Savings provisions.
    (a) The rights, powers, duties, and functions transferred 
to the Department of Juvenile Justice by this Article shall be 
vested in and exercised by the Department subject to the 
provisions of this Article. An act done by the Department of an 
officer, employee, or agent of the Department in the exercise 
of the transferred rights, powers, duties, or functions shall 
have the same legal effect as if done by the Juvenile Division 
of the Department of Corrections or an officer, employee, or 
agent of the Juvenile Division of the Department of 
Corrections.
    (b) The transfer of rights, powers, duties, and functions 
to the Department of Juvenile Justice under this Article does 
not invalidate any previous action taken by or in respect to 
the Juvenile Division of the Department of Corrections or its 
officers, employees, or agents. References to the Juvenile 
Division of the Department of Corrections or its officers, 
employees, or agents in any document, contract, agreement, or 
law shall in appropriate contexts, be deemed to refer to the 
Department or its officers, employees, or agents.
    (c) The transfer of rights, powers, duties, and functions 
to the Department of Juvenile Justice under this Article does 
not affect any person's rights, obligations, or duties, 
including any civil or criminal penalties applicable thereto, 
arising out of those transferred rights, powers, duties, and 
functions.
    (d) With respect to matters that pertain to a right, power, 
duty, or function transferred to the Department of Juvenile 
Justice under this Article:
        (1) Beginning on the effective date of this amendatory 
    Act of the 94th General Assembly, a report or notice that 
    was previously required to be made or given by any person 
    to the Juvenile Division of the Department of Corrections 
    or any of its officers, employees, or agents shall be made 
    or given in the same manner to the Department or its 
    appropriate officer, employee, or agent.
        (2) Beginning on the effective date of this amendatory 
    Act of the 94th General Assembly, a document that was 
    previously required to be furnished or served by any person 
    to or upon the Juvenile Division of the Department of 
    Corrections or any of its officers, employees, or agents 
    shall be furnished or served in the same manner to or upon 
    the Department of Juvenile Justice or its appropriate 
    officer, employee, or agent.

    (e) This Article does not affect any act done, ratified, or 
cancelled, any right occurring or established, or any action or 
proceeding had or commenced in an administrative, civil, or 
criminal cause before the effective date of this amendatory Act 
of the 94th General Assembly. Any such action or proceeding 
that pertains to a right, power, duty, or function transferred 
to the Department of Juvenile Justice under this Article and 
that is pending on that date may be prosecuted, defended, or 
continued by the Department of Juvenile Justice.

 
    (730 ILCS 5/3-2.5-65 new)

    Sec. 3-2.5-65. Juvenile Advisory Board.
    (a) There is created a Juvenile Advisory Board composed of 
11 persons, appointed by the Governor to advise the Director on 
matters pertaining to juvenile offenders. The members of the 
Board shall be qualified for their positions by demonstrated 
interest in and knowledge of juvenile correctional work 
consistent with the definition of purpose and mission of the 
Department in Section 3-2.5-5 and shall not be officials of the 
State in any other capacity. The members under this amendatory 
Act of the 94th General Assembly shall be appointed as soon as 
possible after the effective date of this amendatory Act of the 
94th General Assembly and be appointed to staggered terms 3 
each expiring in 2007, 2008, and 2009 and 2 of the members' 
terms expiring in 2010. Thereafter all members will serve for a 
term of 6 years, except that members shall continue to serve 
until their replacements are appointed. Any vacancy occurring 
shall be filled in the same manner for the remainder of the 
term. The Director of Juvenile Justice shall be an ex officio 
member of the Board. The Board shall elect a chair from among 
its appointed members. The Director shall serve as secretary of 
the Board. Members of the Board shall serve without 
compensation but shall be reimbursed for expenses necessarily 
incurred in the performance of their duties. The Board shall 
meet quarterly and at other times at the call of the chair.
    (b) The Board shall:
        (1) Advise the Director concerning policy matters and 
    programs of the Department with regard to the custody, 
    care, study, discipline, training, and treatment of 
    juveniles in the State juvenile correctional institutions 
    and for the care and supervision of juveniles released on 
    parole.

        (2) Establish, with the Director and in conjunction 
    with the Office of the Governor, outcome measures for the 
    Department in order to ascertain that it is successfully 
    fulfilling the mission mandated in Section 3-2.5-5 of this 
    Code. The annual results of the Department's work as 
    defined by those measures shall be approved by the Board 
    and shall be included in an annual report transmitted to 
    the Governor and General Assembly jointly by the Director 
    and the Board.

 



    (730 ILCS 5/3-3-3)  (from Ch. 38, par. 1003-3-3)


    Sec. 3-3-3. Eligibility for Parole or Release. 

    (a) Except for those offenders who accept the fixed release

date established by the Prisoner Review Board under Section

3-3-2.1, every person serving a term of imprisonment under
the 
law in effect prior to the effective date of this
amendatory 
Act of 1977 shall be eligible for parole when
he has served:


        (1) the minimum term of an indeterminate sentence less

    time credit for good behavior, or 20 years less time credit

    for good behavior, whichever is less; or


        (2) 20 years of a life sentence less time credit for 
    good behavior; or


        (3) 20 years or one-third of a determinate sentence,

    whichever is less, less time credit for good behavior.

    (b) No person sentenced under this amendatory Act of 1977 
or who accepts
a release date under Section 3-3-2.1 shall be 
eligible for parole.

    (c) Except for those sentenced to a term of natural
life 
imprisonment, every person sentenced to imprisonment
under 
this amendatory Act of 1977 or given a release date
under 
Section 3-3-2.1 of this Act shall serve the full term
of a 
determinate sentence less time credit for good behavior
and 
shall then be released under the mandatory supervised
release 
provisions of paragraph (d) of Section 5-8-1 of this Code.

    (d) No person serving a term of natural life imprisonment 
may be paroled
or released except through executive clemency.

    (e) Every person committed to the Department of Juvenile 
Justice
Juvenile Division under Section
5-10 of the Juvenile 
Court Act or Section 5-750 of the Juvenile
Court Act
of 1987 or 
Section 5-8-6 of this Code and confined in the State 
correctional
institutions or facilities if such juvenile has 
not been
tried as an adult shall be eligible for parole without

regard to the length of time the person has been confined
or 
whether the person has served any minimum term imposed.

However, if a juvenile has been tried as an adult he shall
only 
be eligible for parole or mandatory supervised release
as an 
adult under this Section.

(Source: P.A. 90-590, eff. 1-1-99.)

 



    (730 ILCS 5/3-3-4)  (from Ch. 38, par. 1003-3-4)


    Sec. 3-3-4. Preparation for Parole Hearing. 

    (a) The Prisoner Review Board shall consider the parole
of 
each eligible person committed to the Adult Division at
least 
30 days prior to the date he shall first become
eligible for 
parole, and shall consider the parole of each
person committed 
to the Department of Juvenile Justice
Juvenile Division as a 
delinquent
at least 30 days prior to the expiration of the 
first year
of confinement.

    (b) A person eligible for parole shall, in advance of
his 
parole hearing, prepare a parole plan in accordance
with the 
rules of the Prisoner Review Board. The person
shall be 
assisted in preparing his parole plan by personnel
of the 
Department of Corrections, or the Department of Juvenile 
Justice in the case of a person committed to that Department, 
and may, for this purpose, be released
on furlough under 
Article 11 or on authorized absence under
Section 3-9-4. The 
appropriate Department shall also provide
assistance in 
obtaining information and records helpful to
the individual for 
his parole hearing.

    (c) The members of the Board shall have access at all

reasonable times to any committed person and to his master

record file within the Department, and the Department shall

furnish such reports to the Board as the Board may require

concerning the conduct and character of any such person.

    (d) In making its determination of parole, the Board
shall 
consider:


        (1) material transmitted to the Department of Juvenile 
    Justice by the
clerk of the committing court under Section 
    5-4-1 or Section
5-10 of the Juvenile Court Act or Section 
    5-750 of the Juvenile
Court Act of 1987;


        (2) the report under Section 3-8-2 or 3-10-2;


        (3) a report by the Department and any report by the

    chief administrative officer of the institution or 
    facility;


        (4) a parole progress report;


        (5) a medical and psychological report, if requested
by 
    the Board;


        (6) material in writing, or on film, video tape or 
    other electronic
means in the form of a recording submitted 
    by the person whose parole
is being considered; and


        (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 
    pursuant to the Rights of Crime Victims and Witnesses Act.

    (e) The prosecuting State's Attorney's office shall 
receive reasonable
written notice not less than 15 days prior 
to the parole hearing and may
submit relevant information in 
writing, or on film, video tape or other
electronic means or in 
the form of a recording to the Board for its
consideration.  The 
State's Attorney may waive the written notice.

    (f) The victim of the violent crime for which the prisoner 
has been
sentenced shall receive notice of a parole hearing as 
provided in paragraph
(4) of subsection (d) of Section 4.5 of 
the Rights of Crime Victims and Witnesses
Act.

    (g) Any recording considered under the provisions of 
subsection (d)(6),
(d)(7) or (e) of this Section shall be in 
the form designated by the Board.
Such 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 
such
recording, the date of the recording and the name of the 
person whose
parole eligibility is being considered.  Such 
recordings, if retained by
the Board shall be deemed to be 
submitted at any subsequent parole hearing
if the victim or 
State's Attorney submits in writing a declaration clearly

identifying such recording as representing the present 
position of the
victim or State's Attorney regarding the issues 
to be considered at the parole
hearing.

(Source: P.A. 92-651, eff. 7-11-02.)

 



    (730 ILCS 5/3-3-5)  (from Ch. 38, par. 1003-3-5)


    Sec. 3-3-5. Hearing and Determination. 

    (a) The Prisoner
Review  Board shall meet as often as need 
requires to consider
the cases of persons eligible for parole. 
Except as otherwise
provided in paragraph (2) of subsection (a) 
of Section 3-3-2
of this Act, the Prisoner Review Board may 
meet and
order its actions in panels of 3 or more members. The 
action
of a majority of the panel shall be the action of the 
Board.
In consideration of persons committed to the Department 
of Juvenile Justice
Juvenile Division,
the panel shall have at 
least a majority of members experienced
in juvenile matters.

    (b) If the person under consideration for parole is in the

custody of the Department, at least one member of the Board

shall interview him, and a report of that interview shall be

available for the Board's consideration.  However, in the

discretion of the Board, the interview need not be conducted
if 
a psychiatric examination determines that the person could
not 
meaningfully contribute to the Board's consideration. The

Board may in its discretion parole a person who is then outside

the jurisdiction on his record without an interview. The Board

need not hold a hearing or interview a person who is paroled

under paragraphs (d) or (e) of this Section or released on

Mandatory release under Section 3-3-10.

    (c) The Board shall not parole a person eligible for
parole 
if it determines that:


        (1) there is a substantial risk that he will not

    conform to reasonable conditions of parole; or


        (2) his release at that time would deprecate the

    seriousness of his offense or promote disrespect for the 
    law; or


        (3) his release would have a substantially adverse

    effect on institutional discipline.

    (d) A person committed under the Juvenile Court Act
or the 
Juvenile Court Act of 1987
who has not been sooner released 
shall be paroled on or before
his 20th birthday to begin 
serving a period of parole under
Section 3-3-8.

    (e) A person who has served the maximum term of

imprisonment imposed at the time of sentencing less time
credit 
for good behavior shall be released on parole to
serve a period 
of parole under Section 5-8-1.

    (f) The Board shall render its decision within a
reasonable 
time after hearing and shall state the basis
therefor both in 
the records of the Board and in written
notice to the person on 
whose application it has acted.
In its decision, the Board 
shall set the person's time
for parole, or if it denies parole 
it shall provide for
a rehearing not less frequently than once 
every
year, except that the Board may,
after denying parole,

schedule a rehearing no later than 3 years from the date of the 
parole
denial, if the Board finds that it is not reasonable to 
expect that parole
would be granted at a hearing prior to the 
scheduled rehearing date. If the
Board shall parole a person, 
and, if he is not released within 90 days from
the effective 
date of the order granting parole, the matter shall be
returned 
to the Board for review.

    (g) The Board shall maintain a registry of decisions in 
which parole
has been granted, which shall include the name and 
case number of the
prisoner, the highest charge for which the 
prisoner was sentenced, the
length of sentence imposed, the 
date of the sentence, the date of the
parole, the basis for the 
decision of the Board to grant parole and the
vote of the Board 
on any such decisions.  The registry shall be made available
for 
public inspection and copying during business hours and shall 
be a public
record pursuant to the provisions of the Freedom of 
Information Act.

    (h) The Board shall promulgate rules regarding the exercise

of its discretion under this Section.

(Source: P.A. 91-798, eff. 7-9-00; 91-946, eff. 2-9-01.)

 



    (730 ILCS 5/3-3-9)  (from Ch. 38, par. 1003-3-9)


    Sec. 3-3-9. Violations; changes of conditions; preliminary

hearing; revocation of parole or mandatory supervised release;

revocation hearing.

    (a) If prior to expiration or termination of the term of

parole or mandatory supervised release, a person violates a

condition set by the Prisoner Review Board or a condition of 
parole or
mandatory supervised release under Section 3-3-7 of 
this Code to govern that
term,
the Board may:


        (1) continue the existing term, with or without 
    modifying or
enlarging the conditions; or


        (2) parole or release the person to a half-way house; 
    or


        (3) revoke the parole or mandatory supervised release 
    and
reconfine the person for a term computed in the 
    following
manner:


            (i) (A) For those sentenced under the law in effect 
        prior to
this amendatory Act of 1977, the recommitment 
        shall be for any
portion of the imposed maximum term of 
        imprisonment or confinement
which had not been served 
        at the time of parole and the parole
term, less the 
        time elapsed between the parole of the person and
the 
        commission of the violation for which parole was 
        revoked;


            (B) Except as set forth in paragraph (C), for

those 
        subject to mandatory supervised release under

        paragraph (d) of Section 5-8-1 of this Code, the 
        recommitment
shall be for the total mandatory 
        supervised release term, less
the time elapsed between 
        the release of the person and the
commission of the 
        violation for which mandatory supervised
release is 
        revoked. The Board may also order that a prisoner
serve 
        up to one year of the sentence imposed by the court 
        which
was not served due to the accumulation of good 
        conduct credit;

            (C) For those subject to sex offender supervision 
        under clause (d)(4) of Section 5-8-1 of this Code, the 
        reconfinement period for violations of clauses (a)(3) 
        through (b-1)(15) of Section 3-3-7 shall not exceed 2 
        years from the date of reconfinement.


            (ii) the person shall be given credit against the 
        term of
reimprisonment or reconfinement for time spent 
        in custody
since he was paroled or released which has 
        not been credited
against another sentence or period of 
        confinement;


            (iii) persons committed under the Juvenile Court 
        Act or the Juvenile
Court Act of 1987 shall be 
        recommitted until the age of 21;


            (iv) this Section is subject to the release under

        supervision and the reparole and rerelease provisions 
        of Section
3-3-10.

    (b) The Board may revoke parole or mandatory supervised

release for violation of a condition for the duration of the

term and for any further period which is reasonably necessary

for the adjudication of matters arising before its expiration.

The issuance of a warrant of arrest for an alleged violation
of 
the conditions of parole or mandatory supervised release
shall 
toll the running of the term until the final determination of 
the
charge, but where parole or mandatory supervised release is 
not revoked
that period shall be credited to the term.

    (b-5) The Board shall revoke parole or mandatory supervised 
release for violation of the conditions prescribed in paragraph 
(7.6) of subsection (a) of Section 3-3-7.
    (c) A person charged with violating a condition of parole 
or
mandatory supervised release shall have a preliminary 
hearing
before a hearing officer designated by the Board to 
determine
if there is cause to hold the person for a revocation 
hearing.
However, no preliminary hearing need be held when 
revocation is based
upon new criminal charges and a court finds 
probable cause on the new
criminal charges or when the 
revocation
is based upon a new criminal conviction and a 
certified copy of
that conviction is available.

    (d) Parole or mandatory supervised release shall not be

revoked without written notice to the offender setting forth

the violation of parole or mandatory supervised release charged

against him.

    (e) A hearing on revocation shall be conducted before at

least one member of the Prisoner Review Board. The Board may

meet and order its actions in panels of 3 or more members.
The 
action of a majority of the panel shall be the action of
the 
Board. In consideration of persons committed to the Department 
of Juvenile Justice
Juvenile
Division, the member hearing the 
matter and at least a majority
of the panel shall be 
experienced in juvenile matters.  A record
of the hearing shall 
be made. At the hearing the offender shall
be permitted to:


        (1) appear and answer the charge; and


        (2) bring witnesses on his behalf.

    (f) The Board shall either revoke parole or mandatory

supervised release or order the person's term continued with
or 
without modification or enlargement of the conditions.

    (g) Parole or mandatory supervised release shall not be

revoked for failure to make payments under the conditions of

parole or release unless the Board determines that such failure 
is
due to the offender's willful refusal to pay.

(Source: P.A. 94-161, eff. 7-11-05; 94-165, eff. 7-11-05; 
revised 8-19-05.)


 
    (730 ILCS 5/3-4-3)  (from Ch. 38, par. 1003-4-3)
    Sec. 3-4-3. Funds and Property of Persons Committed.


    (a) The Department of Corrections and the Department of 
Juvenile Justice shall establish accounting records with 
accounts
for each person who has or receives money while in an 
institution or
facility of that
the Department and it shall 
allow the withdrawal and
disbursement of money by the person 
under rules and regulations of that
the
Department. Any 
interest or other income from moneys deposited with the

Department by
a resident of the Department of Juvenile Justice

Juvenile Division in excess of $200
shall accrue to the 
individual's account, or in balances up to $200 shall
accrue to 
the Residents'
Benefit Fund.  For an individual in an 
institution or facility
of the Adult Division the interest 
shall accrue to the Residents' Benefit
Fund.  The Department 
shall disburse all
moneys so held no later than the
person's 
final discharge from the Department. Moneys in the account of a

committed person who files a lawsuit determined frivolous under 
Article XXII of
the Code
of Civil Procedure shall be deducted 
to pay for the filing fees and cost of the
suit as
provided in 
that Article. The Department shall under
rules and regulations 
record and receipt all personal property not
allowed to 
committed persons. The Department shall return such property
to 
the individual no later than the person's release on parole.


    (b) Any money held in accounts of committed persons 
separated from
the Department by death, discharge, or 
unauthorized absence and
unclaimed for a period of 1 year 
thereafter by the person or his legal
representative shall be 
transmitted to the State Treasurer who shall deposit
it into 
the General Revenue Fund. Articles of personal
property of

persons so separated may be sold or used by the Department if 
unclaimed
for a period of 1 year for the same purpose. 
Clothing, if unclaimed
within 30 days, may be used or disposed 
of as determined by the
Department.


    (c) Forty percent of the profits on sales from commissary 
stores shall
be
expended by the
Department for the special 
benefit of committed persons which shall include
but not be 
limited to the advancement of inmate payrolls, for the special

benefit of employees, and for the advancement or reimbursement 
of employee
travel,
provided that amounts expended for 
employees shall not exceed the amount
of profits derived from 
sales made to employees by such commissaries, as
determined by 
the Department. The remainder of the profits from sales from

commissary
stores must be used first to pay for wages and 
benefits of employees covered
under a
collective bargaining 
agreement who are employed at commissary facilities of
the

Department and then to pay the costs of dietary staff.


    (d) The Department shall confiscate any unauthorized 
currency found in the
possession of a committed person.  The 
Department shall transmit the
confiscated currency to the State 
Treasurer who shall deposit it into the
General Revenue Fund.


(Source: P.A. 93-607, eff. 1-1-04.)

 



    (730 ILCS 5/3-5-1)  (from Ch. 38, par. 1003-5-1)


    Sec. 3-5-1. Master Record File. 

    (a) The Department of Corrections and the Department of 
Juvenile Justice shall
maintain a master record file on each 
person committed to it,
which shall contain the following 
information:


        (1) all information from the committing court;


        (2) reception summary;


        (3) evaluation and assignment reports and 
    recommendations;


        (4) reports as to program assignment and progress;


        (5) reports of disciplinary infractions and 
    disposition;


        (6) any parole plan;


        (7) any parole reports;


        (8) the date and circumstances of final discharge; and 
    any
other pertinent data concerning the person's 
    background,
conduct, associations and family relationships 
    as may be
required by the respective Department. A current 
    summary index shall be
maintained on each file which shall 
    include the person's known active and
past
gang 
    affiliations and ranks.

    (b) All files shall be confidential and access shall be

limited to authorized personnel of the respective Department.

Personnel of other correctional, welfare or law enforcement

agencies may have access to files under rules and regulations

of the respective Department. The respective Department shall 
keep a record of all
outside personnel who have access to 
files, the files reviewed,
any file material copied, and the 
purpose of access. If the
respective Department or the Prisoner 
Review Board makes a determination
under this Code which 
affects the length of the period of
confinement or commitment, 
the committed person and his counsel
shall be advised of 
factual information relied upon by the
respective Department or 
Board to make the determination, provided that
the Department 
or Board shall not be required to advise a
person committed to 
the Department of Juvenile Justice
Juvenile Division any such 
information
which in the opinion of the Department of Juvenile 
Justice or Board would be
detrimental to his treatment or 
rehabilitation.

    (c) The master file shall be maintained at a place

convenient to its use by personnel of the respective Department 
in
charge of the person. When custody of a person is 
transferred
from the Department to another department or 
agency, a
summary of the file shall be forwarded to the 
receiving
agency with such other information required by law or

requested by the agency under rules and regulations of the

respective Department.

    (d) The master file of a person no longer in the custody
of 
the respective Department shall be placed on inactive status 
and its
use shall be restricted subject to rules and 
regulations of
the Department.

    (e) All public agencies may make available to the

respective Department on request any factual data not otherwise

privileged as a matter of law in their possession in respect
to 
individuals committed to the respective Department.

(Source: P.A. 89-688, eff. 6-1-97; 89-689, eff. 12-31-96.)

 



    (730 ILCS 5/3-5-3.1)  (from Ch. 38, par. 1003-5-3.1)


    Sec. 3-5-3.1. As used in this Section, "facility" includes 
any
facility of the Adult Division and any facility of the 
Juvenile Division of
the Department of Corrections and any 
facility of the Department of Juvenile Justice.

    The Department of Corrections and the Department of 
Juvenile Justice shall each, by
January 1st, April
1st, July 
1st, and October 1st of each year, transmit to the General

Assembly, a report which shall include the following 
information reflecting the period
ending fifteen days prior to 
the submission of the report:  1) the number
of residents in all 
Department facilities indicating the number of
residents in 
each listed facility; 2) a classification of each facility's

residents by the nature of the offense for which each resident 
was
committed to the Department; 3) the number of residents in 
maximum, medium,
and minimum security facilities indicating 
the classification of each
facility's residents by the nature 
of the offense for which each resident
was committed to the 
Department; 4) the educational and vocational programs

provided at each facility and the number of residents 
participating in each
such program; 5) the present capacity 
levels in each facility; 6) the
projected capacity of each 
facility six months and one year following each
reporting date; 
7) the ratio of the security guards to residents in each

facility; 8) the ratio of total employees to residents in each 
facility; 9)
the number of residents in each facility that are 
single-celled and the
number in each facility that are 
double-celled; 10) information indicating
the distribution of 
residents in each facility by the allocated floor space
per 
resident; 11) a status of all capital projects currently funded 
by the
Department, location of each capital project, the 
projected on-line dates
for each capital project, including 
phase-in dates and full occupancy
dates; 12) the projected 
adult prison and Juvenile Division facility
populations in 
respect to the Department of Corrections and the projected 
juvenile facility population with respect to the Department of 
Juvenile Justice for each of the succeeding
twelve months 
following each reporting date, indicating all assumptions

built into such population estimates; 13) the projected exits 
and projected
admissions in each facility for each of the 
succeeding twelve months
following each reporting date, 
indicating all assumptions built into such
population 
estimate; and 14) the locations of all Department-operated or

contractually operated community correctional centers, 
including the
present capacity and population levels at each 
facility.

(Source: P.A. 85-252.)

 
    (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
    Sec. 3-6-2. Institutions and Facility Administration.


    (a) Each institution and facility of the Department shall 
be
administered by a chief administrative officer appointed by

the Director.  A chief administrative officer shall be

responsible for all persons assigned to the institution or

facility. The chief administrative officer shall administer

the programs of the Department for the custody and treatment
of 
such persons.


    (b) The chief administrative officer shall have such 
assistants
as the Department may assign.


    (c) The Director or Assistant Director shall have the

emergency powers to temporarily transfer individuals without

formal procedures to any State, county, municipal or regional

correctional or detention institution or facility in the State,

subject to the acceptance of such receiving institution or

facility, or to designate any reasonably secure place in the

State as such an institution or facility and to make transfers

thereto. However, transfers made under emergency powers shall

be reviewed as soon as practicable under Article 8, and shall

be subject to Section 5-905 of the Juvenile Court Act of
1987.  
This Section shall not apply to transfers to the Department of

Human Services which are provided for under
Section 3-8-5 or 
Section 3-10-5.


    (d) The Department shall provide educational programs for 
all
committed persons so that all persons have an opportunity 
to
attain the achievement level equivalent to the completion of

the twelfth grade in the public school system in this State.

Other higher levels of attainment shall be encouraged and

professional instruction shall be maintained wherever 
possible.
The Department may establish programs of mandatory 
education and may
establish rules and regulations for the 
administration of such programs.
A person committed to the 
Department who, during the period of his or her
incarceration, 
participates in an educational program provided by or through

the Department and through that program is awarded or earns the 
number of
hours of credit required for the award of an 
associate, baccalaureate, or
higher degree from a community 
college, college, or university located in
Illinois shall 
reimburse the State, through the Department, for the costs

incurred by the State in providing that person during his or 
her incarceration
with the education that qualifies him or her 
for the award of that degree.  The
costs for which reimbursement 
is required under this subsection shall be
determined and 
computed by the Department under rules and regulations that
it 
shall establish for that purpose.  However, interest at the rate 
of 6%
per annum shall be charged on the balance of those costs 
from time to time
remaining unpaid, from the date of the 
person's parole, mandatory supervised
release, or release 
constituting a final termination of his or her commitment
to 
the Department until paid.

    (d-5) A person committed to the Department is entitled to 
confidential testing for infection with human immunodeficiency 
virus (HIV) and to counseling in connection with such testing, 
with no copay to the committed person. A person committed to 
the Department who has tested positive for infection with HIV 
is entitled to medical care while incarcerated, counseling, and 
referrals to support services, in connection with that positive 
test result.  Implementation of this subsection (d-5) is subject 
to appropriation.


    (e) A person committed to the Department who becomes in 
need
of medical or surgical treatment but is incapable of 
giving
consent thereto shall receive such medical or surgical 
treatment
by the chief administrative officer consenting on the 
person's behalf.
Before the chief administrative officer 
consents, he or she shall
obtain the advice of one or more 
physicians licensed to practice medicine
in all its branches in 
this State.  If such physician or physicians advise:


        (1) that immediate medical or surgical treatment is 
    required
relative to a condition threatening to cause 
    death, damage or
impairment to bodily functions, or 
    disfigurement; and


        (2) that the person is not capable of giving consent to 
    such treatment;
the chief administrative officer may give 
    consent for such
medical or surgical treatment, and such 
    consent shall be
deemed to be the consent of the person for 
    all purposes,
including, but not limited to, the authority 
    of a physician
to give such treatment.
    (e-5) If a physician providing medical care to a committed 
person on behalf of the Department advises the chief 
administrative officer that the committed person's mental or 
physical health has deteriorated as a result of the cessation 
of ingestion of food or liquid to the point where medical or 
surgical treatment is required to prevent death, damage, or 
impairment to bodily functions, the chief administrative 
officer may authorize such medical or surgical treatment.


    (f) In the event that the person requires medical care and

treatment at a place other than the institution or facility,

the person may be removed therefrom under conditions prescribed

by the Department.
The Department shall require the committed 
person receiving medical or dental
services on a non-emergency 
basis to pay a $2 co-payment to the Department for
each visit 
for medical or dental services.  The amount of each co-payment 
shall be deducted from the
committed person's individual 
account.
A committed person who has a chronic illness, as 
defined by Department rules
and regulations, shall be exempt 
from the $2 co-payment for treatment of the
chronic illness.  A 
committed person shall not be subject to a $2 co-payment
for 
follow-up visits ordered by a physician, who is employed by, or 
contracts
with, the Department.  A committed person who is 
indigent is exempt from the
$2 co-payment
and is entitled to 
receive medical or dental services on the same basis as a

committed person who is financially able to afford the 
co-payment.
Notwithstanding any other provision in this 
subsection (f) to the contrary,
any person committed to any 
facility operated by the Department of Juvenile Justice

Juvenile Division, as set
forth in subsection (b) of Section 
3-2.5-15
3-2-5 of this Code, is exempt from the
co-payment 
requirement for the duration of confinement in those 
facilities.


    (g) Any person having sole custody of a child at
the time 
of commitment or any woman giving birth to a child after
her 
commitment, may arrange through the Department of Children
and 
Family Services for suitable placement of the child outside
of 
the Department of Corrections. The Director of the Department

of Corrections may determine that there are special reasons why

the child should continue in the custody of the mother until 
the
child is 6 years old.


    (h) The Department may provide Family Responsibility 
Services which
may consist of, but not be limited to the 
following:


        (1) family advocacy counseling;


        (2) parent self-help group;


        (3) parenting skills training;


        (4) parent and child overnight program;


        (5) parent and child reunification counseling, either 
    separately or
together, preceding the inmate's release; 
    and


        (6) a prerelease reunification staffing involving the 
    family  advocate,
the inmate and the child's counselor, or 
    both and the inmate.


    (i) Prior to the release of any inmate who has a documented 
history
of intravenous drug use, and upon the receipt of that 
inmate's written
informed consent, the Department shall 
provide for the testing of such
inmate for infection with human 
immunodeficiency virus (HIV) and any other
identified 
causative agent of acquired immunodeficiency syndrome (AIDS). 
The
testing provided under this subsection shall consist of an 
enzyme-linked
immunosorbent assay (ELISA) test or such other 
test as may be approved by
the Illinois Department of Public 
Health. If the test result is positive,
the Western Blot Assay 
or more reliable confirmatory test shall be
administered. All 
inmates tested in accordance with the provisions of this

subsection shall be provided with pre-test and post-test 
counseling.
Notwithstanding any provision of this subsection 
to the contrary, the
Department shall not be required to 
conduct the testing and counseling
required by this subsection 
unless sufficient funds to cover all costs of
such testing and 
counseling are appropriated for that
purpose by the General 
Assembly.


    (j) Any person convicted of a sex offense as defined in the 
Sex Offender
Management Board Act shall be required to receive 
a sex offender evaluation
prior to release into the community 
from the Department of Corrections.  The
sex offender evaluation 
shall be conducted in conformance with the standards
and 
guidelines developed under
the Sex Offender Management Board 
Act and by an evaluator approved by the
Board.

    (k) Any minor committed to the Department of Juvenile 
Justice
Corrections-Juvenile Division
for a sex offense as 
defined by the Sex Offender Management Board Act shall be

required to undergo sex offender treatment by a treatment 
provider approved by
the Board and conducted in conformance 
with the Sex Offender Management Board
Act.

    (l) Prior to the release of any inmate, the Department must 
provide the inmate with the option of testing for infection 
with human immunodeficiency virus (HIV), as well as counseling 
in connection with such testing, with no copayment for the 
test. At the same time, the Department shall require each such 
inmate to sign a form stating that the inmate has been informed 
of his or her rights with respect to the testing required to be 
offered under this subsection (l) and providing the inmate with 
an opportunity to indicate either that he or she wants to be 
tested or that he or she does not want to be tested. The 
Department, in consultation with the Department of Public 
Health, shall prescribe the contents of the form. The
testing 
provided under this subsection (l) shall consist of an 
enzyme-linked
immunosorbent assay (ELISA) test or any other 
test approved by
the Department of Public Health. If the test 
result is positive,
the Western Blot Assay or more reliable 
confirmatory test shall be
administered.
    Prior to the release of an inmate who the Department knows 
has tested positive for infection with HIV, the Department in a 
timely manner shall offer the inmate transitional case 
management, including referrals to other support services.


    Implementation of this subsection (l) is subject to 
appropriation.

(Source: P.A. 93-616, eff. 1-1-04; 93-928, eff. 1-1-05; 94-629, 
eff. 1-1-06.)

 

    (730 ILCS 5/Ch. III Art. 9 heading)
ARTICLE 9.  PROGRAMS OF THE  DEPARTMENT OF JUVENILE JUSTICE 

JUVENILE DIVISION


 



    (730 ILCS 5/3-9-1)  (from Ch. 38, par. 1003-9-1)


    Sec. 3-9-1. Educational Programs. 
    (a) The Department of Juvenile Justice, subject to 
appropriation and with the cooperation of other State agencies 
that work with children, shall establish programming, the 
components of which shall include, but are not limited to:
        (1) Case management services.
        (2) Treatment modalities, including substance abuse 
    treatment services, mental health services, and 
    developmental disability services.
        (3) Prevocational education and career education 
    services.
        (4) Diagnostic evaluation services/Medical screening.
        (5) Educational services.
        (6) Self-sufficiency planning.
        (7) Independent living skills.
        (8) Parenting skills.
        (9) Recreational and leisure time activities.
        (10) Program evaluation.
        (11) Medical services.

    (b)
(a) All institutions or facilities housing persons of 
such age as to be
subject to compulsory school attendance shall 
establish an educational
program to provide such persons the 
opportunity to attain an elementary and
secondary school 
education equivalent to the completion of the twelfth
grade in 
the public school systems of this State; and, in furtherance

thereof, shall utilize assistance from local public school 
districts and
State agencies in established curricula and 
staffing such program.

    (c)
(b) All institutions or facilities housing persons not 
subject to
compulsory school attendance shall make available 
programs and training to
provide such persons an opportunity to 
attain an elementary and secondary
school education equivalent 
to the completion of the twelfth grade in the
public school 
systems of this State; and, in furtherance thereof, such

institutions or facilities may utilize assistance from local 
public school
districts and State agencies in creating 
curricula and staffing the
program.

    (d)
(c) The Department of Juvenile Justice
Corrections 
shall develop and establish a suicide
reduction program in all 
institutions or facilities housing persons
committed to the 
Department of Juvenile Justice
Juvenile Division.  The program 
shall be designed to
increase the life coping skills and self 
esteem of juvenile offenders and
to decrease their propensity 
to commit self destructive acts.

(Source: P.A. 85-736.)

 



    (730 ILCS 5/3-9-2)  (from Ch. 38, par. 1003-9-2)


    Sec. 3-9-2. Work Training Programs. 

    (a) The Department of Juvenile Justice
Juvenile Division, 
in conjunction with the private
sector, may establish and offer 
work training to develop
work habits and equip persons 
committed to it with marketable skills to
aid in their 
community placement upon release.  Committed persons

participating in this program shall be paid wages similar to 
those of
comparable jobs in the surrounding community.  A 
portion of the wages
earned shall go to the Department of 
Juvenile Justice
Juvenile Division to pay part of the committed

person's room and board, a portion shall be deposited into the 
Violent
Crime Victim's Assistance Fund to assist victims of 
crime, and the
remainder shall be placed into a savings account 
for the committed person
which shall be given to the committed 
person upon release.  The Department
shall promulgate rules to 
regulate the distribution of the wages earned.

    (b) The Department of Juvenile Justice
Juvenile Division 
may establish programs of incentive by
achievement, 
participation in which shall be on a voluntary basis, to sell

goods or services to the public with the net earnings 
distributed to the
program participants subject to rules of the 
Department of Juvenile Justice.

(Source: P.A. 87-199.)

 



    (730 ILCS 5/3-9-3)  (from Ch. 38, par. 1003-9-3)


    Sec. 3-9-3. Day
Release.

    (a) The Department of Juvenile Justice may institute day 
release programs for persons
committed to the Department of 
Juvenile Justice
Juvenile Division and shall establish rules 
and
regulations therefor.

    (b) The Department of Juvenile Justice may arrange with 
local schools, public or private
agencies or persons approved 
by the Department for the release of persons
committed to the 
Department of Juvenile Justice
Juvenile Division on a daily 
basis to the custody of such
schools, agencies or persons for 
participation in programs or activities.

(Source: P.A. 77-2097.)

 



    (730 ILCS 5/3-9-4)  (from Ch. 38, par. 1003-9-4)


    Sec. 3-9-4. Authorized Absence. 

    The Department of Juvenile Justice may extend the limits of 
the place of confinement of a
person committed to the 
Department of Juvenile Justice
Juvenile Division so that he may 
leave such place
on authorized absence. Whether or not such 
person is to be accompanied
shall be determined by the chief 
administrative officer of the institution
or facility from 
which such authorized absence is granted. An authorized
absence 
may be granted for a period of time determined by the 
Department
of Juvenile Justice and any purpose approved by the 
Department of Juvenile Justice.

(Source: P.A. 77-2097.)

 



    (730 ILCS 5/3-9-5)  (from Ch. 38, par. 1003-9-5)


    Sec. 3-9-5. Minimum Standards. 

    The minimum standards under Article 7 shall apply to all 
institutions
and facilities under the authority of the 
Department of Juvenile Justice
Juvenile Division.

(Source: P.A. 77-2097.)

 



    (730 ILCS 5/3-9-6)  (from Ch. 38, par. 1003-9-6)


    Sec. 3-9-6. Unauthorized Absence. Whenever a person 
committed to the Department of Juvenile Justice
Juvenile 
Division of the Department
of Corrections absconds or absents 
himself or herself without authority
to do so, from
any 
facility or program to which he or she is assigned, he or she

may be held in custody
for return to the proper correctional 
official by the authorities or
whomsoever directed, when an 
order is certified by the Director of Juvenile Justice or
a 
person duly designated by the Director, with the seal of the 
Department
of Juvenile Justice
Corrections attached. The 
person so designated by the Director of Juvenile Justice with 
such
seal attached may be one or more persons and the 
appointment shall be made
as a ministerial one with no 
recordation or notice necessary as to the
designated 
appointees. The order shall be directed to all sheriffs,

coroners, police officers, keepers or custodians of jails or 
other
detention facilities whether in or out of the State of 
Illinois, or to any
particular person named in the order.

(Source: P.A. 83-346.)

 
    (730 ILCS 5/3-9-7)  (from Ch. 38, par. 1003-9-7)
    Sec. 3-9-7. Sexual abuse counseling programs.


    (a) The Department of Juvenile Justice
Juvenile Division

shall establish and offer sexual abuse counseling to both 
victims of sexual
abuse and sexual offenders in as many 
facilities as necessary to insure
sexual abuse counseling 
throughout the State.


    (b) Any minor committed to the Department of Juvenile 
Justice
Corrections-Juvenile Division
for a sex offense as 
defined under the Sex Offender Management Board Act shall
be 
required to undergo sex offender treatment by a treatment 
provider approved
by the Board and conducted in conformance 
with the standards developed by the
Sex Offender Management 
Board Act.


(Source: P.A. 93-616, eff. 1-1-04.)

 



    (730 ILCS 5/3-10-1)  (from Ch. 38, par. 1003-10-1)


    Sec. 3-10-1. Receiving Procedures. 

    The receiving procedures under Section 3-8-1 shall be 
applicable to
institutions and facilities of the Department of 
Juvenile Justice
Juvenile Division.

(Source: P.A. 77-2097.)

 



    (730 ILCS 5/3-10-2)  (from Ch. 38, par. 1003-10-2)



    Sec. 3-10-2. Examination of Persons Committed to the 
Department of Juvenile Justice
Juvenile Division. 

    (a) A person committed to the Department of Juvenile 
Justice
Juvenile Division shall be examined in
regard to his 
medical, psychological, social, educational and vocational

condition and history, including the use of alcohol and other 
drugs,
the circumstances of his offense and any other

information as the Department of Juvenile Justice may 
determine.

    (a-5) Upon admission of a person committed to the 
Department of Juvenile Justice
Juvenile Division, the 
Department of Juvenile Justice must provide the person with 
appropriate written information and counseling concerning HIV 
and AIDS. The Department of Juvenile Justice shall develop the 
written materials in consultation with the Department of Public 
Health. At the same time, the Department of Juvenile Justice 
also must offer the person the option of being tested, at no 
charge to the person, for infection with human immunodeficiency 
virus (HIV) or any other identified causative agent of acquired 
immunodeficiency syndrome (AIDS). The Department of Juvenile 
Justice shall require each person committed to the Department 
of Juvenile Justice
Juvenile Division to sign a form stating 
that the person has been informed of his or her rights with 
respect to the testing required to be offered under this 
subsection (a-5) and providing the person with an opportunity 
to indicate either that he or she wants to be tested or that he 
or she does not want to be tested. The Department of Juvenile 
Justice, in consultation with the Department of Public Health, 
shall prescribe the contents of the form. The testing provided 
under this subsection (a-5) shall consist of an enzyme-linked 
immunosorbent assay (ELISA) test or any other test approved by 
the Department of Public Health. If the test result is 
positive, the Western Blot Assay or more reliable confirmatory 
test shall be administered.
    Also upon admission of a person committed to the Department 
of Juvenile Justice
Juvenile Division, the Department of 
Juvenile Justice must  inform the person of the Department's 
obligation to provide the person with medical care.

    Implementation of this subsection (a-5) is subject to 
appropriation.

    (b) Based on its examination, the Department of Juvenile 
Justice may exercise the following
powers in developing a 
treatment program of any person committed to the Department of 
Juvenile Justice
Juvenile Division:


        (1) Require participation by him in vocational, 
    physical, educational
and corrective training and 
    activities to return him to the community.


        (2) Place him in any institution or facility of the 
    Department of Juvenile Justice
Juvenile Division.


        (3) Order replacement or referral to the Parole and 
    Pardon Board as
often as it deems desirable. The Department 
    of Juvenile Justice shall refer the person to the
Parole 
    and Pardon Board as required under Section 3-3-4.


        (4) Enter into agreements with the Secretary of Human 
    Services and
the Director of Children and Family
Services, 
    with courts having probation officers, and with private 
    agencies
or institutions for separate care or special 
    treatment of persons subject
to the control of the 
    Department of Juvenile Justice.

    (c) The Department of Juvenile Justice shall make periodic 
reexamination of all persons
under the control of the 
Department of Juvenile Justice
Juvenile Division to determine 
whether existing
orders in individual cases should be modified 
or continued. This
examination shall be made with respect to 
every person at least once
annually.

    (d) A record of the treatment decision including any 
modification
thereof and the reason therefor, shall be part of 
the committed person's
master record file.

    (e) The Department of Juvenile Justice shall by certified 
mail, return receipt requested,
notify the parent, guardian or 
nearest relative of any person committed to
the Department of 
Juvenile Justice
Juvenile Division of his physical location and 
any change thereof.

(Source: P.A. 94-629, eff. 1-1-06.)

 



    (730 ILCS 5/3-10-3)  (from Ch. 38, par. 1003-10-3)


    Sec. 3-10-3. Program Assignment. 

    (a) The chief administrative officer of each institution or 
facility of
the Department of Juvenile Justice
Juvenile 
Division shall designate a person or persons to classify and

assign juveniles to programs in the institution or facility.

    (b) The program assignment of persons assigned to 
institutions or
facilities of the Department of Juvenile 
Justice
Juvenile Division shall be made on the following basis:

    (1) As soon as practicable after he is received, and in any 
case no
later than the expiration of the first 30 days, his 
file shall be studied
and he shall be interviewed and a 
determination made as to the program of
education, employment, 
training, treatment, care and custody appropriate
for him. A 
record of such program assignment shall be made and shall be a

part of his master record file. A staff member shall be 
designated for each
person as his staff counselor.

    (2) The program assignment shall be reviewed at least once 
every 3
months and he shall be interviewed if it is deemed 
desirable or if he so
requests. After review, such changes in 
his program of education,
employment, training, treatment, 
care and custody may be made as is
considered necessary or 
desirable and a record thereof made a part of his
file. If he 
requests a change in his program and such request is denied,

the basis for denial shall be given to him and a written 
statement thereof
shall be made a part of his file.

    (c) The Department may promulgate rules and regulations 
governing the
administration of treatment programs within 
institutions and facilities of
the Department of Juvenile 
Justice.

(Source: P.A. 77-2097.)

 



    (730 ILCS 5/3-10-4)  (from Ch. 38, par. 1003-10-4)


    Sec. 3-10-4. Intradivisional Transfers. 

    (a) The transfer of committed persons between institutions 
or facilities
of the Department of Juvenile Justice
Juvenile 
Division shall be under this Section, except that emergency

transfers shall be under Section 3-6-2.

    (b) The chief administrative officer of an institution or 
facility
desiring to transfer a committed person to another 
institution or facility
shall notify the Assistant Director of 
Juvenile Justice
the Juvenile Division or his
delegate of the 
basis for the transfer. The Assistant Director or his
delegate 
shall approve or deny such request.

    (c) If a transfer request is made by a committed person or 
his parent,
guardian or nearest relative, the chief 
administrative officer of the
institution or facility from 
which the transfer is requested shall notify
the Director of 
Juvenile Justice
Assistant Director of the Juvenile Division or 
his delegate of the
request, the reasons therefor and his 
recommendation. The Assistant
Director of Juvenile Justice or 
his delegate shall either grant the request or if he denies the

request he shall advise the person or his parent, guardian or 
nearest
relative of the basis for the denial.

(Source: P.A. 77-2097.)

 



    (730 ILCS 5/3-10-5)  (from Ch. 38, par. 1003-10-5)


    Sec. 3-10-5. Transfers to the Department of Human Services. 

    (a) If a person committed to the Department of Juvenile 
Justice
Juvenile Division meets the
standard for admission of a 
minor to a mental health facility or is suitable
for admission 
to a developmental disability facility, as these terms are
used 
in the Mental Health and Developmental Disabilities Code, the

Department may transfer the person to an appropriate State

hospital or institution of the Department of Human Services
for 
a period not to exceed 6 months, if the person consents in 
writing to
the transfer. The person shall be advised of his 
right not to consent, and
if he does not consent, the transfer 
may be effected only by
commitment under paragraph (e) of this 
Section.

    (b) The parent, guardian or nearest relative and the 
attorney of record
shall be advised of his right to object. If 
an
objection is made, the
transfer may be effected only by 
commitment under paragraph (e) of this
Section. Notice of the 
transfer shall be mailed to the person's parent,
guardian or 
nearest relative marked for delivery to addressee only at his

last known address by certified mail with return receipt 
requested together
with written notification of the manner and 
time within which he may object
to the transfer. Objection to 
the transfer must be made by
the parent, guardian
or nearest 
relative within 15 days of receipt of the notification of

transfer, by written notice of the objection to the Assistant 
Director of Juvenile Justice or
chief administrative officer of 
the institution or facility of the
Department of Juvenile 
Justice where the person was confined.

    (c) If a person committed to the Department under the 
Juvenile Court Act
or the Juvenile Court Act of 1987 is 
committed to a hospital or facility of the
Department of Human 
Services under this Section, the Assistant Director of Juvenile 
Justice
the Juvenile
Division shall so notify the committing 
juvenile court.

    (d) Nothing in this Section shall limit the right of the 
Assistant Director
of Juvenile Justice
the Juvenile Division or 
the chief administrative officer of any institution
or facility 
to utilize the emergency admission provisions of the Mental

Health and Developmental Disabilities Code with respect to any 
person in
his custody or care. The transfer of a person to an 
institution or facility
of the Department of Human Services 
under
paragraph (a) of this Section does not discharge the 
person from the control
of the Department of Juvenile Justice.

    (e) If the person does not consent to his transfer to the 
Department of
Human Services or if a
person objects under 
paragraph (b) of this Section, or if the Department of
Human 
Services determines
that a transferred person requires

admission to the Department of Human Services
for more than 6 
months for any reason, the Assistant Director of Juvenile 
Justice
the Juvenile
Division shall file a petition in the 
circuit court of the county in which
the institution or 
facility is located requesting admission of the person
to the 
Department of Human Services. A
certificate of a clinical 
psychologist, licensed clinical social
worker who is a 
qualified examiner as defined in Section 1-122 of the
Mental 
Health and Developmental Disabilities Code, or psychiatrist,

or, if admission to
a developmental disability  facility is 
sought, of a physician that the
person is in need of commitment 
to the Department of Human Services for treatment or 
habilitation
shall be attached
to the petition. Copies of the 
petition shall be furnished to the named
person, his parent, or 
guardian or nearest relative, the committing
court, and to the 
state's attorneys of the county in which the institution
or 
facility of the Department of Juvenile Justice
Juvenile 
Division from which the person was transferred
is located and 
the county from which the named person was committed to
the 
Department of Juvenile Justice
Corrections.

    (f) The court shall set a date for a hearing on the 
petition within the
time limit set forth in the Mental Health 
and Developmental Disabilities
Code. The hearing shall be 
conducted in the manner prescribed by the Mental
Health and 
Developmental Disabilities Code. If the person is found to be

in need of commitment to the Department of Human Services for 
treatment or
habilitation, the court may
commit him to
that 
Department.

    (g) In the event that a person committed to the Department 
under the
Juvenile Court Act or the Juvenile Court Act of 1987 
is committed to facilities
of the Department of Human Services 
under paragraph (e) of this Section, the
Assistant Director of 
Juvenile Justice shall petition the committing juvenile court 
for an
order terminating the Assistant Director's custody.

(Source: P.A. 89-507, eff. 7-1-97.)

 



    (730 ILCS 5/3-10-6)  (from Ch. 38, par. 1003-10-6)


    Sec. 3-10-6. Return and Release from Department of Human 
Services. 

    (a) The Department of Human Services shall return to the 
Department of Juvenile Justice
Juvenile Division
any person

committed to a facility of the Department under paragraph (a) 
of Section
3-10-5 when the person no longer meets the standard 
for admission of a
minor to a mental health facility, or is  
suitable for administrative
admission to a developmental 
disability facility.

    (b) If a person returned to the Department of Juvenile 
Justice
Juvenile Division under paragraph (a)
of this Section 
has not had a parole hearing within the preceding 6 months,
he 
shall have a parole hearing within 45 days after his return.

    (c) The Department of Juvenile Justice
Juvenile Division 
shall notify the Secretary of Human Services
of the expiration 
of the
commitment or sentence of any person transferred to the 
Department of Human
Services under Section
3-10-5. If the 
Department of Human Services determines that such person

transferred to it under paragraph (a) of Section 3-10-5 
requires further
hospitalization, it shall file a petition for 
commitment of such person
under the Mental Health and 
Developmental Disabilities Code.

    (d) The Department of Human Services shall
release under 
the Mental Health and Developmental Disabilities Code, any

person transferred to it pursuant to paragraph (c) of Section 
3-10-5, whose
sentence has expired and whom it deems no longer 
meets the standard for
admission of a minor to a mental health 
facility, or is suitable for
administrative admission to a 
developmental disability facility. A person
committed to the 
Department of Juvenile Justice
Corrections under the Juvenile 
Court Act
or the Juvenile Court Act of 1987 and transferred to 
the Department of Human
Services under paragraph (c)
of Section

3-10-5 shall be released to the committing juvenile court when 
the
Department of Human Services determines that
he no longer 
requires hospitalization for treatment.

(Source: P.A. 89-507, eff. 7-1-97.)

 



    (730 ILCS 5/3-10-7)  (from Ch. 38, par. 1003-10-7)


    Sec. 3-10-7. Interdivisional Transfers. (a) In any case 
where a minor
was originally prosecuted under the provisions of 
the Criminal Code of
1961, as amended, and sentenced under the 
provisions of this Act pursuant
to Section 2-7 of the Juvenile 
Court Act or Section 5-805 of the
Juvenile
Court Act of 1987 
and committed to the Department of Juvenile Justice
Juvenile

Division under Section 5-8-6, the Department of Juvenile 
Justice
Corrections shall, within
30 days of the date that the 
minor
reaches the age of 17, send formal notification to the 
sentencing court
and the State's Attorney of the county from 
which the minor was sentenced
indicating the day upon which the 
minor offender will achieve the age
of 17.  Within 90 days of 
receipt of that notice, the sentencing court shall
conduct a 
hearing, pursuant to the provisions of subsection (c) of this

Section to determine whether or not the minor shall continue to 
remain
under the auspices of the Department of Juvenile Justice

Juvenile Division or be transferred to the Adult
Division of 
the Department of Corrections.

    The minor shall be served with notice of the date of the 
hearing,
shall be present at the hearing, and has the right to 
counsel at the
hearing.  The minor, with the consent of his or 
her counsel or guardian may
waive his presence at hearing.

    (b) Unless sooner paroled under Section 3-3-3, the 
confinement of a
minor person committed for an indeterminate 
sentence in a criminal
proceeding shall terminate at the 
expiration of the maximum term of
imprisonment, and he shall 
thereupon be released to serve a period of
parole under Section 
5-8-1, but if the maximum term of imprisonment does
not expire 
until after his 21st birthday, he shall continue to be
subject 
to the control and custody of the Department of Juvenile 
Justice, and on his 21st
birthday, he shall be transferred to 
the Adult Division of the Department of Corrections. If such 
person
is on parole on his 21st birthday, his parole 
supervision may be
transferred to the Adult Division of the 
Department of Corrections.

    (c) Any interdivisional transfer hearing conducted 
pursuant to subsection
(a) of this Section shall consider all 
available information which may bear
upon the issue of 
transfer.  All evidence helpful to the court in determining
the 
question of transfer, including oral and written reports 
containing
hearsay, may be relied upon to the extent of its 
probative value, even though
not competent for the purposes of 
an adjudicatory hearing.  The court shall
consider, along with 
any other relevant matter, the following:

    1. The nature of the offense for which the minor was found 
guilty and
the length of the sentence the minor has to serve 
and the record and
previous history of the minor.

    2. The record of the minor's adjustment within the 
Department of
Juvenile Justice
Corrections' Juvenile Division, 
including, but not limited to, reports from
the minor's 
counselor, any escapes, attempted escapes or violent or

disruptive conduct on the part of the minor, any tickets 
received by the
minor, summaries of classes attended by the 
minor, and any record of work
performed by the minor while in 
the institution.

    3. The relative maturity of the minor based upon the 
physical,
psychological and emotional development of the 
minor.

    4. The record of the rehabilitative progress of the minor 
and an
assessment of the vocational potential of the minor.

    5. An assessment of the necessity for transfer of the 
minor, including,
but not limited to, the availability of space 
within the Department of
Corrections, the disciplinary and 
security problem which the minor has
presented to the 
Department of Juvenile Justice
Juvenile Division and the 
practicability of maintaining
the minor in a juvenile facility, 
whether resources have been exhausted
within the Department of 
Juvenile Justice
Juvenile Division of the Department of 
Corrections, the
availability of rehabilitative and vocational 
programs within the
Department of Corrections, and the 
anticipated ability of the minor to
adjust to confinement 
within an adult institution based upon the minor's
physical 
size and maturity.

    All relevant factors considered under this subsection need 
not be resolved
against the juvenile in order to justify such 
transfer.  Access to social
records, probation reports or any 
other reports which are considered by
the court for the purpose 
of transfer shall be made available to counsel
for the juvenile 
at least 30 days prior to the date of the transfer hearing.
The 
Sentencing Court, upon granting a transfer order, shall 
accompany such
order with a statement of reasons.

    (d) Whenever the Director of Juvenile Justice or his 
designee determines that the
interests of safety, security and 
discipline require the transfer to the
Department of 
Corrections
Adult Division of a person 17 years or older who 
was prosecuted under the
provisions of the Criminal Code of 
1961, as amended, and sentenced under
the provisions of this 
Act pursuant to Section 2-7 of the Juvenile Court Act
or 
Section 5-805 of the Juvenile Court Act of 1987
and committed 
to the Department of Juvenile Justice
Juvenile Division under 
Section 5-8-6, the Director or
his designee may authorize the 
emergency transfer of such person, unless
the transfer of the 
person is governed by subsection (e) of this Section.
The 
sentencing court shall be provided notice of any emergency 
transfer no
later than 3 days after the emergency transfer.  
Upon motion brought within
60 days of the emergency transfer by 
the sentencing court or any party, the
sentencing court may 
conduct a hearing pursuant to the provisions of
subsection (c) 
of this Section in order to determine whether the person
shall 
remain confined in the Department of Corrections
Adult 
Division.

    (e) The Director of Juvenile Justice or his designee may 
authorize the permanent transfer to
the Department of 
Corrections
Adult Division of any person 18 years or older who 
was prosecuted under
the provisions of the Criminal Code of 
1961, as amended, and sentenced
under the provisions of this 
Act pursuant to Section 2-7 of the Juvenile
Court Act or 
Section 5-805 of the Juvenile Court Act of 1987
and committed 
to the Department of Juvenile Justice
Juvenile Division under 
Section 5-8-6 of this Act.
The Director of Juvenile Justice or 
his designee shall be governed by the following factors
in 
determining whether to authorize the permanent transfer of the 
person to
the Department of Corrections
Adult Division:

    1. The nature of the offense for which the person was found 
guilty and
the length of the sentence the person has to serve 
and the record and
previous history of the person.

    2. The record of the person's adjustment within the 
Department of Juvenile Justice
Department of
Corrections' 
Juvenile Division, including, but not limited to, reports from

the person's counselor, any escapes, attempted escapes or 
violent or
disruptive conduct on the part of the person, any 
tickets received by the
person, summaries of classes attended 
by the person, and any record of work
performed by the person 
while in the institution.

    3. The relative maturity of the person based upon the 
physical,
psychological and emotional development of the 
person.

    4. The record of the rehabilitative progress of the person 
and an
assessment of the vocational potential of the person.

    5. An assessment of the necessity for transfer of the 
person, including,
but not limited to, the availability of 
space within the Department of
Corrections, the disciplinary 
and security problem which the person has
presented to the 
Department of Juvenile Justice
Juvenile Division and the 
practicability of maintaining
the person in a juvenile 
facility, whether resources have been exhausted
within the 
Department of Juvenile Justice
Juvenile Division of the 
Department of Corrections, the
availability of rehabilitative 
and vocational programs within the
Department of Corrections, 
and the anticipated ability of the person to
adjust to 
confinement within an adult institution based upon the person's

physical size and maturity.

(Source: P.A. 90-590, eff. 1-1-99.)

 



    (730 ILCS 5/3-10-8)  (from Ch. 38, par. 1003-10-8)


    Sec. 3-10-8. Discipline.)  (a) (1) Corporal punishment and

disciplinary restrictions on diet, medical or sanitary 
facilities,
clothing, bedding or mail are prohibited, as are 
reductions in
the frequency of use of toilets, washbowls and 
showers. 

    (2) Disciplinary restrictions on visitation, work, 
education
or program assignments, the use of toilets, washbowls

and showers shall be related as closely as practicable to
abuse 
of such privileges or facilities. This paragraph shall
not 
apply to segregation or isolation of persons for purposes
of 
institutional control.

    (3) No person committed to the Department of Juvenile 
Justice
Juvenile Division may be
isolated for disciplinary 
reasons for more than 7 consecutive
days nor more than 15 days 
out of any 30 day period except in
cases of violence or 
attempted violence committed against
another person or 
property when an additional period of
isolation for 
disciplinary reasons is approved by the chief
administrative 
officer.  A person who has been isolated for
24 hours or more 
shall be interviewed daily by his staff
counselor or other 
staff member.

    (b) The Department of Juvenile Justice
Juvenile Division 
shall establish rules and
regulations governing disciplinary 
practices, the penalties
for violation thereof, and the 
disciplinary procedure by which
such penalties may be imposed.  
The rules of behavior shall be
made known to each committed 
person, and the discipline shall
be suited to the infraction 
and fairly applied.

    (c) All disciplinary action imposed upon persons in

institutions and facilities of the Department of Juvenile 
Justice
Juvenile Division shall
be consistent with this Section 
and Department rules and
regulations adopted hereunder.

    (d) Disciplinary action imposed under this Section shall be

reviewed by the grievance procedure under Section 3-8-8.

    (e) A written report of any infraction for which discipline

is imposed shall be filed with the chief administrative officer

within 72 hours of the occurrence of the infraction or the

discovery of it and such report shall be placed in the file
of 
the institution or facility.

    (f) All institutions and facilities of the Department of 
Juvenile Justice
Juvenile Division
shall establish, subject to 
the approval of the Director of Juvenile Justice,
procedures 
for disciplinary cases except those that may
involve the 
imposition of disciplinary isolation; delay in
referral to the 
Parole and Pardon Board or a change in work,
education or other 
program assignment of more than 7 days duration.

    (g) In disciplinary cases which may involve the imposition

of disciplinary isolation, delay in referral to the Parole
and 
Pardon Board, or a change in work, education or other
program 
assignment of more than 7 days duration, the Director
shall 
establish disciplinary procedures consistent with the

following principles:

    (1) Any person or persons who initiate a disciplinary 
charge
against a person shall not decide the charge.  To the 
extent
possible, a person representing the counseling staff of 
the
institution or facility shall participate in deciding the

disciplinary case.

    (2) Any committed person charged with a violation of

Department rules of behavior shall be given notice of the

charge including a statement of the misconduct alleged and of

the rules this conduct is alleged to violate.

    (3) Any person charged with a violation of rules is 
entitled
to a hearing on that charge at which time he shall 
have an
opportunity to appear before and address the person or 
persons
deciding the charge.

    (4) The person or persons deciding the charge may also 
summon
to testify any witnesses or other persons with relevant

knowledge of the incident.  The person charged may be
permitted 
to question any person so summoned.

    (5) If the charge is sustained, the person charged is 
entitled
to a written statement of the decision by the persons 
deciding
the charge which shall include the basis for the 
decision and
the disciplinary action, if any, to be imposed.

    (6) A change in work, education, or other program 
assignment
shall not be used for disciplinary purposes except 
as provided
in paragraph (a) of the Section and then only after 
review and
approval under Section 3-10-3.

(Source: P.A. 80-1099.)

 



    (730 ILCS 5/3-10-9)  (from Ch. 38, par. 1003-10-9)


    Sec. 3-10-9. Grievances. 

    The procedures for grievances of the Department of Juvenile 
Justice
Juvenile Division shall be governed
under Section 
3-8-8.

(Source: P.A. 77-2097.)

 



    (730 ILCS 5/3-10-10)  (from Ch. 38, par. 1003-10-10)


    Sec. 3-10-10. Assistance to Committed Persons. 

    A person committed to the Department of Juvenile Justice

Juvenile Division shall be furnished with
staff assistance in 
the exercise of any rights and privileges granted him
under 
this Code. Such person shall be informed of his right to 
assistance
by his staff counselor or other staff member.

(Source: P.A. 77-2097.)

 



    (730 ILCS 5/3-10-11)  (from Ch. 38, par. 1003-10-11)


    Sec. 3-10-11. Transfers from Department of Children and 
Family Services. 

    (a) If (i) a minor 10 years of age or older is adjudicated 
a
delinquent under the
Juvenile Court Act or the Juvenile Court 
Act of 1987 and placed with
the Department of Children and 
Family Services, (ii) it is determined by an
interagency review 
committee that the Department of
Children and Family Services 
lacks adequate facilities
to care for and rehabilitate such 
minor and that placement of such minor with
the Department of 
Juvenile Justice
Corrections, subject to certification by the 
Department of
Juvenile Justice
Corrections, is appropriate, 
and (iii) the Department of Juvenile Justice
Corrections

certifies that it has suitable facilities and personnel 
available for the
confinement of the minor, the Department of 
Children and Family Services may
transfer custody of the minor 
to the
Department of Juvenile Justice
Juvenile Division of the 
Department of Corrections provided that:


        (1) the juvenile court that adjudicated the minor a 
    delinquent orders
the transfer after a hearing with 
    opportunity to the minor to be heard and
defend; and


        (2) the Assistant Director of Juvenile Justice
the 
    Department of Corrections, Juvenile
Division, is made a 
    party to the action; and


        (3) notice of such transfer is given to the minor's 
    parent, guardian or
nearest relative; and


        (4) a term of incarceration is permitted by law for 
    adults found guilty
of the offense for which the minor was 
    adjudicated delinquent.

    The interagency review committee shall include a 
representative from the
Department of Children and Family 
Services, a representative from the
Department of Juvenile 
Justice
Corrections, and an educator and a qualified mental 
health
professional jointly selected by the Department of 
Children and Family Services
and the Department of Juvenile 
Justice
Corrections.  The Department of Children and Family

Services, in consultation with the Department of Juvenile 
Justice
Corrections, shall promulgate
rules governing the 
operation of the interagency review committee pursuant to
the 
Illinois Administrative Procedure Act.

    (b) Guardianship of a minor transferred under this Section 
shall remain
with the Department of Children and Family 
Services.

    (c) Minors transferred under this Section may be placed by 
the Department
of Juvenile Justice
Corrections in any program

or facility of the Department of Juvenile Justice
Corrections, 
Juvenile Division, or any
juvenile residential facility.

    (d) A minor transferred under this Section shall remain in 
the custody
of the Department of Juvenile Justice
Corrections, 
Juvenile Division, until the Department of
Juvenile Justice

Corrections determines that the minor is ready to leave its 
program.  The
Department of Juvenile Justice
Corrections in 
consultation with the Department of Children and
Family 
Services shall develop a transition plan and cooperate with
the 
Department of Children and Family Services to move the minor to 
an
alternate program.  Thirty days before implementing the 
transition plan, the
Department of Juvenile Justice

Corrections shall provide the court with notice of the plan.  
The
Department of Juvenile Justice's
Corrections' 
custodianship of the minor shall automatically
terminate 30 
days after notice is provided to the court and the State's

Attorney.

    (e) In no event shall a minor transferred under this 
Section remain in
the custody of the Department of Juvenile 
Justice
Corrections for a period of time in excess of
that 
period for which an adult could be committed for the same act.

(Source: P.A. 88-680, eff. 1-1-95.)

 



    (730 ILCS 5/3-10-12)  (from Ch. 38, par. 1003-10-12)


    Sec. 3-10-12. 

    The Director of the Department of Juvenile Justice

Corrections may authorize the use of
any institution or 
facility of the Department of Juvenile Justice
Juvenile 
Division as a Juvenile
Detention Facility for the confinement 
of minors under 16 years of age in
the custody or detained by 
the Sheriff of any County or the police
department of any city 
when said juvenile is being held for appearance
before a 
Juvenile Court or by Order of Court or for other legal reason,

when there is no Juvenile Detention facility available or there 
are no
other arrangements suitable for the confinement of 
juveniles. The Director
of Juvenile Justice
the Department of 
Corrections may certify that suitable facilities and
personnel 
are available at the appropriate institution or facility for 
the
confinement of such minors and this certification shall be 
filed with the
Clerk of the Circuit Court of the County. The 
Director of Juvenile Justice
the Department of
Corrections may 
withdraw or withhold certification at any time. Upon the
filing 
of the certificate in a county the authorities of the county 
may
then use those facilities and set forth in the certificate 
under the terms
and conditions therein for the above purpose. 
Juveniles confined, by the
Department of Juvenile Justice

Corrections, under this Section, must be kept separate from

adjudicated delinquents.

(Source: P.A. 78-878.)

 



    (730 ILCS 5/3-10-13)


    Sec. 3-10-13. Notifications of Release or Escape. 

    (a) The Department of Juvenile Justice shall establish 
procedures to provide written
notification of the release of 
any person from the Department of Juvenile Justice
Juvenile 
Division to the
persons and agencies specified in subsection 
(c) of Section 3-14-1 of this
Code.

    (b) The Department of Juvenile Justice shall establish 
procedures to provide immediate
notification of the escape of 
any person from the Department of Juvenile Justice
Juvenile 
Division to the
persons and agencies specified in subsection 
(c) of Section 3-14-1 of this
Code.

(Source: P.A. 91-695, eff. 4-13-00.)

 



    (730 ILCS 5/3-15-2)  (from Ch. 38, par. 1003-15-2)


    Sec. 3-15-2. Standards and Assistance to Local Jails and 
Detention
and Shelter Care Facilities.

    (a) The Department of Corrections shall establish for the 
operation of county and
municipal jails and houses of 
correction, and county juvenile detention
and shelter care 
facilities established pursuant to the "County Shelter
Care and 
Detention Home Act", minimum standards for the physical

condition of such institutions and for the treatment of inmates 
with
respect to their health and safety and the security of the 
community.

    The Department of Juvenile Justice shall establish for the 
operation of county juvenile detention
and shelter care 
facilities established pursuant to the County Shelter
Care and 
Detention Home Act, minimum standards for the physical

condition of such institutions and for the treatment of 
juveniles with
respect to their health and safety and the 
security of the community.

    Such standards shall not apply to county shelter care 
facilities which
were in operation prior to January 1, 1980. 
Such standards shall not seek
to mandate minimum floor space 
requirements for each inmate housed in cells
and detention 
rooms in county and
municipal jails and houses of correction.

However, no more than two inmates may be housed in a single 
cell or detention
room.

    When an inmate is tested for an airborne
communicable  
disease, as determined by the Illinois Department of Public

Health including but not limited to tuberculosis, the results 
of
the test
shall be personally delivered by the warden or his 
or her designee in a sealed
envelope to the judge of the court 
in which the inmate must appear for the
judge's inspection in 
camera if requested by the judge.  Acting in accordance
with the 
best interests of those in the courtroom, the judge shall have 
the
discretion to determine what if any precautions need to be 
taken to prevent
transmission of the disease in the courtroom.

    (b) At least once each year, the Department of Corrections 
may inspect each
adult
facility for compliance with the 
standards established and the results
of such inspection shall 
be made available by the Department for public
inspection.  At 
least once each year, the Department of Juvenile Justice shall 
inspect each
county juvenile detention and shelter care 
facility for compliance with the
standards established, and the 
Department of Juvenile Justice shall make the results of such

inspections available for public inspection.
 If any detention, 
shelter care or correctional facility does
not comply with the 
standards established, the Director of Corrections
or the 
Director of Juvenile Justice, as the case may be, shall give 
notice to the county board and the sheriff or the corporate

authorities of the municipality, as the case may be, of such

noncompliance, specifying the particular standards that have 
not been
met by such facility. If the facility is not in 
compliance with such
standards when six months have elapsed 
from the giving of such notice,
the Director of Corrections or 
the Director of Juvenile Justice, as the case may be, may 
petition the appropriate court for an
order requiring such 
facility to comply with the standards established
by the 
Department or for other appropriate relief.

    (c) The Department of Corrections may provide consultation 
services for the
design, construction, programs and 
administration of detention, shelter
care, and correctional 
facilities and services for children and adults
operated by 
counties and municipalities and may make studies and
surveys of 
the programs and the administration of such facilities.

Personnel of the Department shall be admitted to these 
facilities as
required for such purposes. The Department may 
develop and administer
programs of grants-in-aid for 
correctional services in cooperation with
local agencies. The 
Department may provide courses of training for the
personnel of 
such institutions and conduct pilot projects in the

institutions.

    (c-5) The Department of Juvenile Justice may provide 
consultation services for the
design, construction, programs, 
and administration of detention and shelter care services for 
children operated by counties and municipalities and may make 
studies and
surveys of the programs and the administration of 
such facilities.
Personnel of the Department of Juvenile 
Justice shall be admitted to these facilities as
required for 
such purposes. The Department of Juvenile Justice may develop 
and administer
programs of grants-in-aid for juvenile 
correctional services in cooperation with
local agencies. The 
Department of Juvenile Justice may provide courses of training 
for the
personnel of such institutions and conduct pilot 
projects in the
institutions.

    (d) The Department is authorized to issue reimbursement 
grants for
counties, municipalities or public building 
commissions for the purpose of
meeting minimum correctional 
facilities standards set by the Department
under this Section. 
Grants may be issued only for projects that were
completed 
after July 1, 1980 and initiated prior to January 1, 1987.


        (1) Grants for regional correctional facilities shall 
    not exceed 90% of
the project costs or $7,000,000, 
    whichever is less.


        (2) Grants for correctional facilities by a single 
    county, municipality
or public building commission shall 
    not exceed 75% of the proposed project
costs or $4,000,000, 
    whichever is less.


        (3) As used in this subsection (d), "project" means 
    only that part of a
facility that is constructed for jail, 
    correctional or detention purposes
and does not include 
    other areas of multi-purpose buildings.

    Construction or renovation grants are authorized to be 
issued by the
Capital Development Board from capital 
development bond funds after
application by a county or 
counties, municipality or municipalities or
public building 
commission or commissions and approval of a construction or

renovation grant by the Department for projects initiated after

January 1, 1987.

    (e) The Department of Juvenile Justice shall adopt 
standards for county jails to hold
juveniles on a temporary 
basis, as provided in Section 5-410 of the
Juvenile Court Act 
of 1987.  These standards shall include
educational, 
recreational, and disciplinary standards as well
as access to 
medical services, crisis intervention, mental health services,

suicide prevention, health care, nutritional needs, and 
visitation rights.  The
Department of Juvenile Justice shall 
also notify any county applying to hold juveniles in a county

jail of the monitoring and program standards for juvenile 
detention facilities
under Section 5-410 of the Juvenile Court 
Act of
1987.

(Source: P.A. 89-64, eff. 1-1-96; 89-477, eff. 6-18-96; 89-656, 
eff. 8-14-96;
90-14, eff. 7-1-97; 90-590, eff. 1-1-99.)


 



    (730 ILCS 5/3-16-5)


    Sec. 3-16-5. Multi-year pilot program for selected paroled 
youth
released from institutions of the Department of Juvenile 
Justice
Juvenile Division.

    (a) The Department of Juvenile Justice
Corrections may 
establish in Cook County, DuPage
County, Lake County, Will 
County,
and Kane County a 6 year pilot program for selected 
youthful offenders
released to parole by the Department of 
Juvenile Justice
Juvenile Division of the Department of 
Corrections. 

    (b) A person who is being released to parole from the 
Department of Juvenile Justice
Juvenile Division
under 
subsection (e) of Section 3-3-3 whom the
Department of Juvenile 
Justice
Juvenile Division deems a serious or at risk delinquent 
youth who is likely to
have
difficulty re-adjusting to the 
community, who has had either significant
clinical problems or 
a history of criminal activity related to sex offenses,
drugs, 
weapons, or gangs, and who is returning to
Cook County, Will 
County, Lake County, DuPage County, or Kane County may be

screened for eligibility to participate in the pilot
program.

    (c) If the Department of Juvenile Justice establishes a 
pilot program under this
Section,
the Department of Juvenile 
Justice
Juvenile Division shall provide
supervision and 
structured services to persons selected to participate in the

program to: (i)
ensure that they receive high levels of 
supervision and case managed,
structured services; (ii) 
prepare them for re-integration into the community;
(iii) 
effectively monitor their compliance with parole requirements 
and
programming;
and (iv) minimize the likelihood that they 
will commit additional offenses.

    (d) Based upon the needs of a participant, the Department 
of Juvenile Justice may provide any or
all of the following to 
a participant:


        (1) Risk and needs assessment;


        (2) Comprehensive case management;


        (3) Placement in licensed secured community facilities

    as a transitional measure;


        (4) Transition to residential programming;


        (5) Targeted intensive outpatient treatment services;


        (6) Structured day and evening reporting programs and 
    behavioral day
treatment;


        (7) Family counseling;


        (8) Transitional programs to independent living;


        (9) Alternative placements;


        (10) Substance abuse treatment.

    (e) A needs assessment case plan and parole supervision 
profile may be
completed by the Department of Juvenile Justice

Corrections before the selected eligible
person's release from 
institutional custody to parole supervision.
The needs 
assessment case plan and parole supervision profile shall 
include
identification of placement
requirements, intensity of 
parole supervision, and assessments of
educational, 
psychological, vocational, medical, and substance abuse 
treatment
needs.  Following the completion by the Department of 
Juvenile Justice
Corrections of the
parole supervision profile 
and needs assessment case plan, a comprehensive
parole case 
management plan
shall be developed for each committed youth 
eligible and selected for admission
to the pilot program.  The 
comprehensive parole case management plan shall be
submitted 
for approval by the
Department of Juvenile Justice and for 
presentation to the Prisoner Review Board.

    (f) The Department of Juvenile Justice may identify in a 
comprehensive parole case management
plan any special 
conditions for
parole supervision and establish sanctions for a 
participant who
fails to comply with the program requirements 
or who violates parole rules.
These sanctions may include the 
return of a participant to a secure community
placement or 
recommendations for parole revocation to the Prisoner
Review 
Board.  Paroled youth may be held for investigation in secure 
community
facilities or on warrant
pending revocation in local 
detention or jail facilities based on age.

    (g) The Department of Juvenile Justice may select and 
contract with a community-based network
and work in partnership 
with private providers to provide the services
specified in

subsection (d).

    (h) If the Department of Juvenile Justice establishes a 
pilot program under this Section,
the Department of Juvenile 
Justice shall,
in the 3 years following the effective date of 
this amendatory Act of
1997, first implement the pilot program 
in Cook County
and then implement the pilot program in DuPage 
County, Lake County, Will
County, and Kane County in accordance 
with a schedule to be developed by the
Department of Juvenile 
Justice.

    (i) If the Department of Juvenile Justice establishes a 
pilot program under this Section,
the Department of Juvenile 
Justice shall establish a 3 year follow-up evaluation and 
outcome
assessment for all participants in the pilot program.

    (j) If the Department of Juvenile Justice establishes a 
pilot program under this Section,
the Department of Juvenile 
Justice shall publish an outcome study covering a 3 year

follow-up period for participants in the pilot program.

(Source: P.A. 90-79, eff. 1-1-98.)

 



    (730 ILCS 5/5-8-6)  (from Ch. 38, par. 1005-8-6)


    Sec. 5-8-6. Place of Confinement. (a) Offenders sentenced 
to a term
of imprisonment for a felony shall be committed to 
the penitentiary
system of the Department of Corrections.

However, such sentence shall
not limit the powers of the 
Department of Children and Family Services
in relation to any 
child under the age of one year in the sole custody
of a person 
so sentenced, nor in relation to any child delivered by a

female so sentenced while she is so confined as a consequence 
of such
sentence.  A person sentenced for a felony may be 
assigned by the
Department of Corrections to any of its 
institutions, facilities or
programs.

    (b) Offenders sentenced to a term of imprisonment for less 
than one
year shall be committed to the custody of the sheriff.  
A person committed to the
Department of Corrections, prior to 
July 14, 1983, for less than one
year may be assigned by the

Department to any of its institutions, facilities or programs.

    (c) All offenders under 17 years of age when sentenced to 
imprisonment
shall be committed to the Department of Juvenile 
Justice
Juvenile Division of the Department of
Corrections and 
the court in its order of commitment shall  set a
definite term.  
Such order of commitment shall be the sentence of the
court 
which may be amended by the court while jurisdiction is 
retained;
and such sentence shall apply whenever the offender 
sentenced is in the
control and custody of the Adult Division 
of the Department of
Corrections.  The provisions of Section 
3-3-3 shall be a part of such
commitment as fully as though 
written in the order of commitment.  The
committing court shall 
retain jurisdiction of the subject matter and the
person until 
he or she reaches the age of 21 unless earlier discharged.

However, the Department of Juvenile Justice
Juvenile Division 
of the Department of
Corrections shall, after a juvenile has 
reached 17 years of age, petition
the court to conduct a 
hearing pursuant to subsection (c) of Section 3-10-7
of this 
Code.

    (d) No defendant shall be committed to the Department of 
Corrections
for the recovery of a fine or costs.

    (e) When a court sentences a defendant to a term of 
imprisonment
concurrent with a previous and unexpired sentence 
of imprisonment
imposed by any district court of the United 
States, it may commit the
offender to the custody of the 
Attorney General of the United States.
The Attorney General of 
the United States, or the authorized
representative of the 
Attorney General of the United States, shall be
furnished with 
the warrant of commitment from the court imposing
sentence, 
which warrant of commitment shall provide that, when the

offender is released from federal confinement, whether by 
parole or by
termination of sentence, the offender shall be 
transferred by the
Sheriff of the committing county to the 
Department of
Corrections.  The
court shall cause the Department 
to be notified of such sentence at the
time of commitment and 
to be provided with copies of all records
regarding the 
sentence.

(Source: P.A. 83-1362.)


 
    Section 30. The Probation and Probation Officers Act is 
amended  by changing Sections 15 and 16.1 as follows:
 



    (730 ILCS 110/15)  (from Ch. 38, par. 204-7)


    Sec. 15. (1) The Supreme Court of Illinois may establish a 
Division of
Probation Services whose purpose shall be the 
development, establishment,
promulgation, and enforcement of 
uniform standards for probation services in
this State, and to 
otherwise carry out the intent of this Act.  The Division
may:


        (a) establish qualifications for chief probation 
    officers and other
probation and court services personnel 
    as to hiring, promotion, and training.


        (b) make available, on a timely basis, lists of those 
    applicants whose
qualifications meet the regulations 
    referred to herein, including on said
lists all candidates 
    found qualified.


        (c) establish a means of verifying the conditions for 
    reimbursement
under this Act and develop criteria for 
    approved costs for reimbursement.


        (d) develop standards and approve employee 
    compensation schedules for
probation and court services 
    departments.


        (e) employ sufficient personnel in the Division to 
    carry out the
functions of the Division.


        (f) establish a system of training and establish 
    standards for personnel
orientation and training.


        (g) develop standards for a system of record keeping 
    for cases and
programs, gather statistics, establish a 
    system of uniform forms, and
develop research for planning 
    of Probation
Services.


        (h) develop standards to assure adequate support 
    personnel, office
space, equipment and supplies, travel 
    expenses, and other essential items
necessary for 
    Probation and Court Services
Departments to carry out their

    duties.


        (i) review and approve annual plans submitted by

    Probation and Court
Services Departments.


        (j) monitor and evaluate all programs operated by

    Probation and Court
Services Departments, and may include 
    in the program evaluation criteria
such factors as the 
    percentage of Probation sentences for felons convicted
of 
    Probationable offenses.


        (k) seek the cooperation of local and State government 
    and private
agencies to improve the quality of probation 
    and
court services.


        (l) where appropriate, establish programs and 
    corresponding standards
designed to generally improve the 
    quality of
probation and court services
and reduce the rate 
    of adult or juvenile offenders committed to the
Department 
    of Corrections.


        (m) establish such other standards and regulations and 
    do all acts
necessary to carry out the intent and purposes 
    of this Act.

    The Division shall establish a model list of structured 
intermediate
sanctions that may be imposed by a probation 
agency for violations of terms and
conditions of a sentence of 
probation, conditional discharge, or supervision.

    The State of Illinois shall provide for the costs of 
personnel, travel,
equipment, telecommunications, postage, 
commodities, printing, space,
contractual services and other 
related costs necessary to carry out the
intent of this Act.

    (2) (a) The chief judge of each circuit shall provide

full-time probation services for all counties
within the 
circuit, in a
manner consistent with the annual probation plan,

the standards, policies,
and regulations established by the 
Supreme Court. A
probation district of
two or more counties 
within a circuit may be created for the purposes of
providing 
full-time probation services. Every
county or group of
counties 
within a circuit shall maintain a
probation department which 
shall
be under the authority of the Chief Judge of the circuit 
or some other
judge designated by the Chief Judge. The Chief 
Judge, through the
Probation and Court Services Department 
shall
submit annual plans to the
Division for probation and 
related services.

    (b) The Chief Judge of each circuit shall appoint the Chief

Probation
Officer and all other probation officers for his
or 
her circuit from lists
of qualified applicants supplied by the 
Supreme Court. Candidates for chief
managing officer and other 
probation officer
positions must apply with both
the Chief 
Judge of the circuit and the Supreme Court.

    (3) A Probation and Court Service Department
shall apply to 
the
Supreme Court for funds for basic services, and may apply 
for funds for new
and expanded programs or Individualized 
Services and Programs. Costs shall
be reimbursed monthly based 
on a plan and budget approved by the Supreme
Court. No 
Department may be reimbursed for costs which exceed or are not

provided for in the approved annual plan and budget. After the 
effective
date of this amendatory Act of 1985, each county must 
provide basic
services in accordance with the annual plan and 
standards created by the
division. No department may receive 
funds for new or expanded programs or
individualized services 
and programs unless they are in compliance with
standards as 
enumerated in paragraph (h) of subsection (1) of this Section,

the annual plan, and standards for basic services.

    (4) The Division shall reimburse the county or counties for

probation
services as follows:


        (a) 100% of the salary of all chief managing officers 
    designated as such
by the Chief Judge and the division.


        (b) 100% of the salary for all probation
officer and 
    supervisor
positions approved for reimbursement by the 
    division after April 1, 1984,
to meet workload standards 
    and to implement intensive sanction and
probation

    supervision
programs and other basic services as defined in 
    this Act.


        (c) 100% of the salary for all secure detention 
    personnel and non-secure
group home personnel approved for 
    reimbursement after December 1, 1990.
For all such 
    positions approved for reimbursement
before
December 1, 
    1990, the counties shall be reimbursed $1,250 per month 
    beginning
July 1, 1995, and an additional $250 per month 
    beginning each July 1st
thereafter until the positions 
    receive 100% salary reimbursement.
Allocation of such 
    positions will be based on comparative need considering

    capacity, staff/resident ratio, physical plant and 
    program.


        (d) $1,000 per month for salaries for the remaining

    probation officer
positions engaged in basic services and 
    new or expanded services. All such
positions shall be 
    approved by the division in accordance with this Act and

    division standards.


        (e) 100% of the travel expenses in accordance with 
    Division standards
for all Probation positions approved 
    under
paragraph (b) of subsection 4
of this Section.


        (f) If the amount of funds reimbursed to the county 
    under paragraphs
(a) through (e) of subsection 4 of this 
    Section on an annual basis is less
than the amount the 
    county had received during the 12 month period
immediately 
    prior to the effective date of this amendatory Act of 1985,

    then the Division shall reimburse the amount of the 
    difference to the
county. The effect of paragraph (b) of 
    subsection 7 of this Section shall
be considered in 
    implementing this supplemental reimbursement provision.

    (5) The Division shall provide funds beginning on April 1, 
1987 for the
counties to provide Individualized Services and 
Programs as provided in
Section 16 of this Act.

    (6) A Probation and Court Services Department
in order to 
be eligible
for the reimbursement must submit to the Supreme 
Court an application
containing such information and in such a 
form and by such dates as the
Supreme Court may require. 
Departments to be eligible for funding must
satisfy the 
following conditions:


        (a) The Department shall have on file with the Supreme

    Court an annual Probation plan for continuing,
improved, 
    and
new Probation and Court Services Programs
approved by 
    the Supreme Court or its
designee. This plan shall indicate 
    the manner in which
Probation and Court
Services will be 
    delivered and improved, consistent with the minimum

    standards and regulations for Probation and Court

    Services, as established
by the Supreme Court. In counties 
    with more than one
Probation and Court
Services Department 
    eligible to receive funds, all Departments within that

    county must submit plans which are approved by the Supreme 
    Court.


        (b) The annual probation plan shall seek to
generally 
    improve the
quality of probation services and to reduce the

    commitment of adult and
juvenile offenders to the 
    Department of Corrections and to reduce the
commitment of 
    juvenile offenders to the Department of Juvenile Justice 
    and shall require, when
appropriate, coordination with the 
    Department of Corrections, the Department of Juvenile 
    Justice, and the
Department of Children and Family Services 
    in the development and use of
community resources, 
    information systems, case review and permanency
planning 
    systems to avoid the duplication of services.


        (c) The Department shall be in compliance with 
    standards developed by the
Supreme Court for basic, new and 
    expanded services, training, personnel
hiring and 
    promotion.


        (d) The Department shall in its annual plan indicate 
    the manner in which
it will support the rights of crime 
    victims and in which manner it will
implement Article I, 
    Section 8.1 of the Illinois Constitution and in what
manner 
    it will coordinate crime victims' support services with 
    other criminal
justice agencies within its jurisdiction, 
    including but not limited to, the
State's Attorney, the 
    Sheriff and any municipal police department.

    (7) No statement shall be verified by the Supreme Court or 
its
designee or vouchered by the Comptroller unless each of the 
following
conditions have been met:


        (a) The probation officer is a full-time
employee 
    appointed by the Chief
Judge to provide probation services.


        (b) The probation officer, in order to be
eligible for 
    State
reimbursement, is receiving a salary of at least 
    $17,000 per year.


        (c) The probation officer is appointed or
was 
    reappointed in accordance
with minimum qualifications or 
    criteria established by the Supreme
Court; however, all 
    probation officers appointed
prior to January 1, 1978,

    shall be exempted from the minimum requirements 
    established by the Supreme
Court. Payments shall be made to 
    counties employing these exempted
probation officers as 
    long as they are employed
in the position held on the

    effective date of this amendatory Act of 1985.  Promotions 
    shall be
governed by minimum qualifications established by 
    the Supreme Court.


        (d) The Department has an established compensation 
    schedule approved by
the Supreme Court. The compensation 
    schedule shall include salary ranges
with necessary 
    increments to compensate each employee. The increments

    shall, within the salary ranges, be based on such factors 
    as bona fide
occupational qualifications, performance, and 
    length of service. Each
position in the Department shall be 
    placed on the compensation schedule
according to job duties 
    and responsibilities of such position. The policy
and 
    procedures of the compensation schedule shall be made 
    available to each
employee.

    (8) In order to obtain full reimbursement of all approved 
costs, each
Department must continue to employ at least the 
same number of
probation
officers and probation managers as 
were
authorized for employment for the
fiscal year which 
includes January 1, 1985. This number shall be designated
as 
the base amount of the Department. No positions approved by the 
Division
under paragraph (b) of subsection 4 will be included 
in the base amount.
In the event that the Department employs 
fewer
Probation officers and
Probation managers than the base 
amount for a
period of 90 days, funding
received by the 
Department under subsection 4 of this
Section may be reduced on 
a monthly basis by the amount of the current
salaries of any 
positions below the base amount.

    (9) Before the 15th day of each month, the treasurer of any 
county which
has a Probation and Court Services Department, or

the treasurer of the most
populous county, in the case of a 
Probation or
Court Services Department
funded by more than one 
county, shall submit an itemized statement of all
approved 
costs incurred in the delivery of Basic
Probation and Court

Services under this Act to the Supreme Court.
The treasurer may 
also submit an itemized statement of all approved costs

incurred in the delivery of new and expanded
Probation and 
Court Services
as well as Individualized Services and Programs. 
The Supreme Court or
its designee shall verify compliance with 
this Section and shall examine
and audit the monthly statement 
and, upon finding them to be correct, shall
forward them to the 
Comptroller for payment to the county treasurer. In the
case of 
payment to a treasurer of a county which is the most populous 
of
counties sharing the salary and expenses of a
Probation and 
Court Services
Department, the treasurer shall divide the money 
between the counties in a
manner that reflects each county's 
share of the cost incurred by the
Department.

    (10) The county treasurer must certify that funds received 
under this
Section shall be used solely to maintain and improve

Probation and Court
Services. The county or circuit shall 
remain in compliance with all
standards, policies and 
regulations established by the Supreme Court.
If at any time 
the Supreme Court determines that a county or circuit is not
in 
compliance, the Supreme Court shall immediately notify the 
Chief Judge,
county board chairman and the Director of Court 
Services Chief
Probation Officer. If after 90 days of written

notice the noncompliance
still exists, the Supreme Court shall 
be required to reduce the amount of
monthly reimbursement by 
10%. An additional 10% reduction of monthly
reimbursement shall 
occur for each consecutive month of noncompliance.
Except as 
provided in subsection 5 of Section 15, funding to counties 
shall
commence on April 1, 1986. Funds received under this Act 
shall be used to
provide for Probation Department expenses

including those required under
Section 13 of this Act.  For 
State fiscal years 2004, 2005, and 2006 only, the Mandatory

Arbitration Fund may be used to provide for Probation 
Department expenses,
including those required under Section 13 
of this Act.

    (11) The respective counties shall be responsible for 
capital and space
costs, fringe benefits, clerical costs, 
equipment, telecommunications,
postage, commodities and 
printing.

    (12) For purposes of this Act only, probation officers 
shall be
considered
peace officers.  In the
exercise of their 
official duties, probation
officers, sheriffs, and police

officers may, anywhere within the State, arrest any probationer 
who is in
violation of any of the conditions of his or her 
probation, conditional
discharge, or supervision, and it shall 
be the
duty of the officer making the arrest to take the 
probationer
before the
Court having jurisdiction over the 
probationer for further order.

(Source: P.A. 93-25, eff. 6-20-03; 93-576, eff. 1-1-04; 93-839, 
eff. 7-30-04; 94-91, eff. 7-1-05.)

 
    (730 ILCS 110/16.1)

    Sec. 16.1. Redeploy Illinois Program.


    (a) The purpose of this Section is to encourage the

deinstitutionalization of juvenile offenders establishing

pilot projects in counties or groups of counties that

reallocate State funds from juvenile correctional confinement

to local jurisdictions, which will establish a continuum of

local, community-based sanctions and treatment alternatives

for juvenile offenders who would be incarcerated if those
local 
services and sanctions did not exist. The allotment of
funds 
will be based on a formula that rewards local
jurisdictions for 
the establishment or expansion of local
alternatives to 
incarceration, and requires them to pay for
utilization of 
incarceration as a sanction. This redeployment
of funds shall 
be made in a manner consistent with the
Juvenile Court Act of 
1987 and the following purposes and
policies:


        (1) The juvenile justice system should protect the

    community, impose accountability to victims and 
    communities for
violations of law,
and equip juvenile 
    offenders with competencies to live
responsibly and 
    productively.


        (2) Juveniles should be treated in the least

    restrictive manner possible while maintaining the safety

    of the community.


        (3) A continuum of services and sanctions from
least 
    restrictive to most restrictive should be available
in 
    every community.


        (4) There should be local responsibility and
authority 
    for planning, organizing, and coordinating
service 
    resources in the community. People in the
community can 
    best choose a range of services which
reflect community 
    values and meet the needs of their own
youth.

        (5) Juveniles who pose a threat to the community or

    themselves need special care, including secure settings.

    Such services as detention, long-term incarceration, or

    residential treatment are too costly to provide in each

    community and should be coordinated and provided on a

    regional or Statewide basis.


        (6) The roles of State and local government in
creating 
    and maintaining services to youth in the
juvenile justice 
    system should be clearly defined. The
role of the State is 
    to fund services, set standards of
care, train service 
    providers, and monitor the
integration and coordination of 
    services. The role of
local government should be to oversee 
    the provision of
services.

    (b) Each county or circuit participating in the pilot

program must create a local plan demonstrating how it will

reduce the county or circuit's utilization of secure

confinement of juvenile offenders in the Illinois Department
of 
Juvenile Justice
Corrections or county detention centers by the 
creation or
expansion of individualized services or programs 
that may
include but are not limited to the following:

        (1) Assessment and evaluation services to provide
the 
    juvenile justice system with accurate individualized
case 
    information on each juvenile offender including
mental 
    health, substance abuse, educational, and family

    information;

        (2) Direct services to individual juvenile
offenders 
    including educational, vocational, mental
health, 
    substance abuse, supervision, and service
coordination; 
    and


        (3) Programs that seek to restore the offender to
the 
    community, such as victim offender panels, teen
courts, 
    competency building, enhanced accountability
measures, 
    restitution, and community service.
The local plan must be 
    directed in such a manner as to
emphasize an individualized 
    approach to providing services to
juvenile offenders in an 
    integrated community based system
including probation as 
    the broker of services. The plan must
also detail the 
    reduction in utilization of secure
confinement.
The local 
    plan shall be limited to services and shall not
include 
    costs for:

            (i) capital expenditures;

            (ii) renovations or remodeling;

            (iii) personnel costs for probation.

    The local plan shall be submitted to the Department of 
Human
Services.


    (c) A county or group of counties may develop an
agreement 
with the Department of Human Services to reduce their
number of

commitments of juvenile offenders, excluding minors sentenced

based upon a finding of guilt of first degree murder or an 
offense which is a
Class X forcible felony as defined in the 
Criminal Code of 1961, to the
Department of
Juvenile Justice

Corrections, and then use the savings to develop local

programming for youth who would otherwise have been committed

to the Department of Juvenile Justice
Corrections. The county 
or group of
counties shall agree to limit their commitments to 
75% of the
level of commitments from the average number of 
juvenile
commitments for the past 3 years, and will receive the

savings to redeploy for local programming for juveniles who

would otherwise be held in confinement. The agreement shall
set 
forth the following:

        (1) a Statement of the number and type of juvenile

    offenders from the county who were held in secure

    confinement by the Illinois Department of Juvenile Justice

    Corrections or
in county detention the previous year, and 
    an explanation
of which, and how many, of these offenders 
    might be
served through the proposed Redeploy Illinois 
    Program for
which the funds shall be used;

        (2) a Statement of the service needs of currently

    confined juveniles;


        (3) a Statement of the type of services and
programs to 
    provide for the individual needs of the
juvenile offenders, 
    and the research or evidence base
that qualifies those 
    services and programs as proven or
promising practices;


        (4) a budget indicating the costs of each service
or 
    program to be funded under the plan;

        (5) a summary of contracts and service agreements

    indicating the treatment goals and number of juvenile

    offenders to be served by each service provider; and

        (6) a Statement indicating that the Redeploy
Illinois 
    Program will not duplicate existing services and
programs. 
    Funds for this plan shall not supplant existing
county 
    funded programs.


    (d) (Blank).


    (e) The Department of Human Services shall be responsible 
for
the
following:


        (1) Reviewing each Redeploy Illinois Program plan
for 
    compliance with standards established for such plans.
A 
    plan may be approved as submitted, approved with

    modifications, or rejected. No plan shall be considered
for 
    approval if the circuit or county is not in full
compliance 
    with all regulations, standards and guidelines
pertaining 
    to the delivery of basic probation services as
established 
    by the Supreme Court.

        (2) Monitoring on a continual basis and evaluating

    annually both the program and its fiscal activities in
all 
    counties receiving an allocation under the Redeploy

    Illinois Program. Any program or service that has not met

    the goals and objectives of its contract or service

    agreement shall be subject to denial for funding in

    subsequent years. The Department of Human Services shall

    evaluate the
effectiveness of the Redeploy Illinois 
    Program in each
circuit or county. In determining the 
    future funding for
the Redeploy Illinois Program under this 
    Act, the
evaluation shall include, as a primary indicator 
    of
success, a decreased number of confinement days for the

    county's juvenile offenders.


    (f) Any Redeploy Illinois Program allocations not
applied 
for and approved by the Department of Human Services
shall be

available for redistribution to approved plans for the

remainder of that fiscal year. Any county that invests local

moneys in the Redeploy Illinois Program shall be given first

consideration for any redistribution of allocations. 
Jurisdictions
participating in Redeploy Illinois that exceed 
their agreed upon level of
commitments to the Department of 
Juvenile Justice
Corrections shall reimburse the
Department of 
Corrections for each commitment above the agreed upon
level.


    (g) Implementation of Redeploy Illinois.


        (1) Planning Phase.


            (i) Redeploy Illinois Oversight Board. The 
        Department of Human Services
shall convene an 
        oversight board to develop plans for a pilot Redeploy

        Illinois
Program. The Board shall include, but not be 
        limited to, designees from the
Department of Juvenile 
        Justice
Corrections, the Administrative Office of 
        Illinois Courts,
the Illinois
Juvenile Justice 
        Commission, the Illinois Criminal Justice Information

        Authority,
the Department of Children and Family 
        Services, the State Board of Education,
the
Cook County 
        State's Attorney, and a State's Attorney selected by 
        the President
of the
Illinois State's Attorney's 
        Association.


            (ii) Responsibilities of the Redeploy Illinois 
        Oversight
Board. The Oversight Board shall:

                (A) Identify jurisdictions to be invited in 
            the initial
pilot program of Redeploy Illinois.


                (B) Develop a formula for reimbursement of 
            local
jurisdictions for local and community-based 
            services
utilized in lieu of commitment to the 
            Department of
Juvenile Justice
Corrections, as 
            well as for any charges for local
jurisdictions for 
            commitments above the agreed upon
limit in the 
            approved plan.

                (C) Identify resources sufficient to support 
            the
administration and evaluation of Redeploy 
            Illinois.


                (D) Develop a process and identify resources 
            to
support on-going monitoring and evaluation of

            Redeploy Illinois.


                (E) Develop a process and identify resources 
            to
support training on Redeploy Illinois.

                (F) Report to the Governor and the General 
            Assembly
on an annual basis on the progress of 
            Redeploy
Illinois.

            (iii) Length of Planning Phase. The planning phase 
        may last
up to, but may in no event last longer than, 
        July 1, 2004.


        (2) Pilot Phase. In the second phase of the Redeploy 
    Illinois
program, the Department of Human Services shall 
    implement
several pilot programs of Redeploy Illinois in 
    counties or groups of
counties as identified by the 
    Oversight Board. Annual review of
the Redeploy Illinois 
    program by the Oversight Board shall include

    recommendations for future sites for Redeploy Illinois.


(Source: P.A. 93-641, eff. 12-31-03.)

 
    Section 35. The Private Correctional Facility Moratorium 
Act is amended  by changing Section 3 as follows:
 



    (730 ILCS 140/3)  (from Ch. 38, par. 1583)


    Sec. 3. Certain contracts prohibited. After the effective 
date of
this Act, the State shall not contract with a private 
contractor or private
vendor for the provision of services 
relating to the operation of a
correctional facility or the 
incarceration of persons in the custody of the
Department of 
Corrections or of the Department of Juvenile Justice; however, 
this Act does not apply to (1) State
work
release centers or 
juvenile residential facilities that provide separate care
or 
special treatment operated in whole or part by private 
contractors or
(2)
contracts for ancillary services, including 
medical services, educational
services, repair and maintenance 
contracts, or other services not directly
related to the 
ownership, management or operation of security services in a

correctional facility.

(Source: P.A. 88-680, eff. 1-1-95.)



 
    Section 40. The Line of Duty Compensation Act is amended  by 
changing Section 2 as follows:
 



    (820 ILCS 315/2)
  (from Ch. 48, par. 282)


    Sec. 2. As used in this Act, unless the context otherwise 
requires: 

    (a) "Law enforcement officer" or "officer" means any person 
employed
by the State or a local governmental entity as a 
policeman, peace
officer, auxiliary policeman or in some like 
position involving the
enforcement of the law and protection of 
the public interest at the risk of
that person's life. This 
includes supervisors, wardens, superintendents and
their 
assistants, guards and keepers, correctional officers, youth

supervisors, parole agents, school teachers and correctional 
counsellors
in all facilities of both the Juvenile and Adult 
Divisions of the
Department of Corrections and the Department 
of Juvenile Justice, while within the facilities under the 
control
of the Department of Corrections or the Department of 
Juvenile Justice or in the act of transporting inmates
or wards 
from one location to another or while performing their official

duties, and all other Department of Correction or Department of 
Juvenile Justice employees who have daily
contact with inmates.

    The death of the foregoing employees of the Department of 
Corrections or the Department of Juvenile Justice
in order to 
be included herein must be by the direct or indirect willful

act of an inmate, ward, work-releasee, parolee, parole 
violator, person
under conditional release, or any person 
sentenced or committed, or
otherwise subject to confinement in 
or to the Department of Corrections or the Department of 
Juvenile Justice.

    (b) "Fireman" means any person employed by the State or a 
local
governmental entity as, or otherwise serving as, a member 
or officer of
a fire department either for the purpose of the 
prevention or control of fire
or the underwater recovery of 
drowning victims, including volunteer firemen.

    (c) "Local governmental entity" includes counties, 
municipalities
and municipal corporations.

    (d) "State" means the State of Illinois and its 
departments,
divisions, boards, bureaus, commissions, 
authorities and colleges and
universities.

    (e) "Killed in the line of duty" means losing one's life as 
a result
of injury received in the active performance of duties 
as a law
enforcement officer, civil defense worker, civil air 
patrol member,
paramedic, fireman, or chaplain if the death 
occurs within
one year from the date
the injury was received 
and if that injury arose from violence or other
accidental 
cause.  In the case of a State employee, "killed in the line
of 
duty" means losing one's life as a result of injury received in 
the
active performance of one's duties as a State employee, if 
the death occurs
within one year from the date the injury was 
received and if that injury
arose from a willful act of 
violence by another State employee committed
during such other 
employee's course of employment and after January 1,
1988.  The 
term excludes death resulting from the willful
misconduct or 
intoxication of the officer, civil defense worker, civil
air 
patrol member, paramedic, fireman, chaplain, or State 
employee.
However,
the burden of proof of
such willful 
misconduct or intoxication of the officer, civil defense

worker, civil air patrol member, paramedic,
fireman, chaplain, 
or State employee is on the Attorney
General. Subject to the 
conditions set forth in subsection (a) with
respect to 
inclusion under this Act of Department of Corrections and 
Department of Juvenile Justice employees
described in that 
subsection, for the purposes of this Act, instances in
which a 
law enforcement officer receives an injury in the active

performance of duties as a law enforcement officer include but 
are not
limited to instances when:


        (1) the injury is received as a result of a wilful act 
    of violence
committed other than by the officer and a 
    relationship exists between the
commission of such act and 
    the officer's
performance of his duties as a law 
    enforcement officer, whether or not the
injury is received 
    while the officer is on duty as a law enforcement officer;


        (2) the injury is received by the officer while the 
    officer is
attempting to prevent the commission of a 
    criminal act by another or
attempting to apprehend an 
    individual the officer suspects has committed a
crime, 
    whether or not the injury is received while the officer is 
    on duty
as a law enforcement officer;


        (3) the injury is received by the officer while the 
    officer is
travelling to or from his employment as a law 
    enforcement officer or during
any meal break, or other 
    break, which takes place during the period in
which the 
    officer is on duty as a law enforcement officer.

    In the case of an Armed Forces member, "killed in the line 
of duty" means
losing one's life while on active duty in 
connection with the September 11, 2001 terrorist attacks on the 
United States, Operation Enduring Freedom, or Operation Iraqi 
Freedom.

    (f) "Volunteer fireman" means a person having principal 
employment
other than as 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 a city, 
village,
incorporated town, or fire protection district, and 
includes a volunteer
member of a fire department organized 
under the "General Not for Profit
Corporation Act", approved 
July 17, 1943, as now or hereafter amended,
which is under 
contract with any city, village, incorporated town, fire

protection district, or persons residing therein, for fire 
fighting
services.   "Volunteer fireman" does not mean an 
individual who
volunteers assistance without being regularly 
enrolled as a fireman.

    (g) "Civil defense worker" means any person employed by the 
State or
a local governmental entity as, or otherwise serving 
as, a member of a
civil defense work force, including volunteer 
civil defense work forces
engaged in serving the public 
interest during periods of disaster,
whether natural or 
man-made.

    (h) "Civil air patrol member" means any person employed by 
the State
or a local governmental entity as, or otherwise 
serving as, a member of
the organization commonly known as the 
"Civil Air Patrol", including
volunteer members of the 
organization commonly known as the "Civil Air Patrol".

    (i) "Paramedic" means an Emergency Medical 
Technician-Paramedic certified by
the Illinois Department of 
Public Health under the Emergency Medical
Services (EMS) 
Systems Act, and all other emergency medical personnel

certified by the Illinois Department of Public Health who are 
members of an
organized body or not-for-profit corporation 
under the jurisdiction of
a city, village, incorporated town, 
fire protection district or county, that
provides emergency 
medical treatment to persons of a defined geographical area.

    (j) "State employee" means any employee as defined in 
Section
14-103.05 of the Illinois Pension Code, as now or 
hereafter amended.

    (k) "Chaplain" means an individual who:


        (1) is a chaplain of (i) a fire
department or (ii) a 
    police department
or other agency
consisting of law 
    enforcement officers; and


        (2) has been designated a chaplain by (i) the
fire 
    department, police department, or other agency or an 
    officer
or body having jurisdiction over the department or 
    agency or (ii) a labor
organization representing the 
    firemen or law enforcement officers.

    (l) "Armed Forces member" means an Illinois resident who 
is: a member of
the
Armed Forces of the United States; a member 
of the Illinois National Guard
while on active military service 
pursuant to an order of the President of the
United States; or 
a member of any reserve component of the Armed Forces of the

United States while on active military service pursuant to an 
order of the
President of the United States.

(Source: P.A. 93-1047, eff. 10-18-04; 93-1073, eff. 1-18-05.)