Section 2530.830  Eviction and Removal from Department Lands for Longer than 90 Days

a)         This Section governs the practices and procedures related to the eviction and removal from Department lands for a period of time in excess of 90 days.  As authorized by Section 805-518 of the Civil Administrative Code, the Department shall have the authority to remove or ban any individual engaged in illegal activities or disorderly conduct from any lands owned, leased or managed by the Department, and lands dedicated as Nature Preserves or buffer areas under the Natural Areas Preservation Act, and deny future entry to the same by way of revocation and/or suspension of access privileges.

b)         In addition to, or in lieu of, the 90 day Notice of Eviction, the Department may request a hearing to evict and remove from Department lands violators of camping regulations as described in 17 Ill. Adm. Code 110.180 (Public Use of State Parks and Other Properties of the Department of Natural Resources) and 130.150 (Camping on Department of Natural Resources Properties).  Violators shall only be subject to an eviction for a maximum of 365 days, as described in 17 Ill. Adm. Code 130.150(b).

c)         In addition to, or in lieu of, the 90 day Notice of Eviction, the Department may request a hearing to revoke and/or suspend the access privileges authorized by Section 805-515 of the Civil Administrative Code for cases involving illegal activities other than those described in 17 Ill. Adm. Code 110 and 130.  Violators shall be evicted from Department lands for crimes committed on any Department land for a period of time equivalent to maximum statutory penalties for the crimes committed under the Criminal Code of 2012, unless otherwise indicated, for the following criminal categories:

1)         Petty offenses, up to 6 months eviction;

2)         Class C misdemeanors;

3)         Class B misdemeanors;

4)         Class A misdemeanors;

5)         Class 4 felonies;

6)         Class 3 felonies;

7)         Class 2 felonies;

8)         Class 1 felonies; or

9)         Class X felonies.

(Source:  Added at 38 Ill. Reg. 17001, effective July 25, 2014)