Public Act 93-0576
SB1458 Enrolled LRB093 03568 RLC 03597 b
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 6-1 as follows:
(705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
Sec. 6-1. Probation departments; functions and duties.
(1) The chief judge of each circuit shall make provision
for probation services for each county in his or her circuit.
The appointment of officers to probation or court services
departments and the administration of such departments shall
be governed by the provisions of the Probation and Probation
Officers Act.
(2) Every county or every group of counties constituting
a probation district shall maintain a court services or
probation department subject to the provisions of the
Probation and Probation Officers Act. For the purposes of
this Act, such a court services or probation department has,
but is not limited to, the following powers and duties:
(a) When authorized or directed by the court, to
receive, investigate and evaluate complaints indicating
dependency, requirement of authoritative intervention,
addiction or delinquency within the meaning of Sections
2-3, 2-4, 3-3, 4-3 or 5-105, respectively; to determine
or assist the complainant in determining whether a
petition should be filed under Sections 2-13, 3-15, 4-12
or 5-520 or whether referral should be made to an agency,
association or other person or whether some other action
is advisable; and to see that the indicating filing,
referral or other action is accomplished. However, no
such investigation, evaluation or supervision by such
court services or probation department is to occur with
regard to complaints indicating only that a minor may be
a chronic or habitual truant.
(b) When a petition is filed under Section 2-13,
3-15, 4-15 or 5-520, to make pre-hearing investigations
and formulate recommendations to the court when the court
has authorized or directed the department to do so.
(c) To counsel and, by order of the court, to
supervise minors referred to the court; to conduct
indicated programs of casework, including referrals for
medical and mental health service, organized recreation
and job placement for wards of the court and, when
appropriate, for members of the family of a ward; to act
as liaison officer between the court and agencies or
associations to which minors are referred or through
which they are placed; when so appointed, to serve as
guardian of the person of a ward of the court; to provide
probation supervision and protective supervision ordered
by the court; and to provide like services to wards and
probationers of courts in other counties or jurisdictions
who have lawfully become local residents.
(d) To arrange for placements pursuant to court
order.
(e) To assume administrative responsibility for
such detention, shelter care and other institutions for
minors as the court may operate.
(f) To maintain an adequate system of case records,
statistical records, and financial records related to
juvenile detention and shelter care and to make reports
to the court and other authorized persons, and to the
Supreme Court pursuant to the Probation and Probation
Officers Act.
(g) To perform such other services as may be
appropriate to effectuate the purposes of this Act or as
may be directed by any order of court made under this
Act.
(3) The court services or probation department in any
probation district or county having less than 1,000,000
inhabitants, or any personnel of the department, may be
required by the circuit court to render services to the court
in other matters as well as proceedings under this Act.
(4) In any county or probation district, a probation
department may be established as a separate division of a
more inclusive department of court services, with any
appropriate divisional designation. The organization of any
such department of court services and the appointment of
officers and other personnel must comply with the Probation
and Probations Officers Act.
(5) For purposes of this Act only, probation officers
appointed to probation or court services departments 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 minor who is in
violation of any of the conditions of his or her probation,
continuance under supervision, or informal supervision, and
it shall be the duty of the officer making the arrest to take
the minor before the court having jurisdiction over the minor
for further action.
(Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
Section 6. The Criminal Code of 1961 is amended by
changing Section 24-2 as follows:
(720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10)
and Section 24-1.6 do not apply to or affect any of the
following:
(1) Peace officers, and any person summoned by a
peace officer to assist in making arrests or preserving
the peace, while actually engaged in assisting such
officer.
(2) Wardens, superintendents and keepers of
prisons, penitentiaries, jails and other institutions for
the detention of persons accused or convicted of an
offense, while in the performance of their official duty,
or while commuting between their homes and places of
employment.
(3) Members of the Armed Services or Reserve Forces
of the United States or the Illinois National Guard or
the Reserve Officers Training Corps, while in the
performance of their official duty.
(4) Special agents employed by a railroad or a
public utility to perform police functions, and guards of
armored car companies, while actually engaged in the
performance of the duties of their employment or
commuting between their homes and places of employment;
and watchmen while actually engaged in the performance of
the duties of their employment.
(5) Persons licensed as private security
contractors, private detectives, or private alarm
contractors, or employed by an agency certified by the
Department of Professional Regulation, if their duties
include the carrying of a weapon under the provisions of
the Private Detective, Private Alarm, and Private
Security Act of 1983, while actually engaged in the
performance of the duties of their employment or
commuting between their homes and places of employment,
provided that such commuting is accomplished within one
hour from departure from home or place of employment, as
the case may be. Persons exempted under this subdivision
(a)(5) shall be required to have completed a course of
study in firearms handling and training approved and
supervised by the Department of Professional Regulation
as prescribed by Section 28 of the Private Detective,
Private Alarm, and Private Security Act of 1983, prior to
becoming eligible for this exemption. The Department of
Professional Regulation shall provide suitable
documentation demonstrating the successful completion of
the prescribed firearms training. Such documentation
shall be carried at all times when such persons are in
possession of a concealable weapon.
(6) Any person regularly employed in a commercial
or industrial operation as a security guard for the
protection of persons employed and private property
related to such commercial or industrial operation, while
actually engaged in the performance of his or her duty or
traveling between sites or properties belonging to the
employer, and who, as a security guard, is a member of a
security force of at least 5 persons registered with the
Department of Professional Regulation; provided that such
security guard has successfully completed a course of
study, approved by and supervised by the Department of
Professional Regulation, consisting of not less than 40
hours of training that includes the theory of law
enforcement, liability for acts, and the handling of
weapons. A person shall be considered eligible for this
exemption if he or she has completed the required 20
hours of training for a security officer and 20 hours of
required firearm training, and has been issued a firearm
authorization card by the Department of Professional
Regulation. Conditions for the renewal of firearm
authorization cards issued under the provisions of this
Section shall be the same as for those cards issued under
the provisions of the Private Detective, Private Alarm
and Private Security Act of 1983. Such firearm
authorization card shall be carried by the security guard
at all times when he or she is in possession of a
concealable weapon.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
any investigation for the Commission.
(8) Persons employed by a financial institution for
the protection of other employees and property related to
such financial institution, while actually engaged in the
performance of their duties, commuting between their
homes and places of employment, or traveling between
sites or properties owned or operated by such financial
institution, provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Professional Regulation,
consisting of not less than 40 hours of training which
includes theory of law enforcement, liability for acts,
and the handling of weapons. A person shall be considered
to be eligible for this exemption if he or she has
completed the required 20 hours of training for a
security officer and 20 hours of required firearm
training, and has been issued a firearm authorization
card by the Department of Professional Regulation.
Conditions for renewal of firearm authorization cards
issued under the provisions of this Section shall be the
same as for those issued under the provisions of the
Private Detective, Private Alarm and Private Security Act
of 1983. Such firearm authorization card shall be
carried by the person so trained at all times when such
person is in possession of a concealable weapon. For
purposes of this subsection, "financial institution"
means a bank, savings and loan association, credit union
or company providing armored car services.
(9) Any person employed by an armored car company
to drive an armored car, while actually engaged in the
performance of his duties.
(10) Persons who have been classified as peace
officers pursuant to the Peace Officer Fire Investigation
Act.
(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys
Appellate Prosecutor to carry weapons pursuant to Section
7.06 of the State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(12.5) Probation officers while in the performance
of their duties, or while commuting between their homes,
places of employment or specific locations that are part
of their assigned duties, with the consent of the chief
judge of the circuit for which they are employed.
(13) Court Security Officers while in the
performance of their official duties, or while commuting
between their homes and places of employment, with the
consent of the Sheriff.
(13.5) A person employed as an armed security guard
at a nuclear energy, storage, weapons or development site
or facility regulated by the Nuclear Regulatory
Commission who has completed the background screening and
training mandated by the rules and regulations of the
Nuclear Regulatory Commission.
(14) Manufacture, transportation, or sale of
weapons to persons authorized under subdivisions (1)
through (13.5) of this subsection to possess those
weapons.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized
for the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Hunters, trappers or fishermen with a license
or permit while engaged in hunting, trapping or fishing.
(4) Transportation of weapons that are broken down
in a non-functioning state or are not immediately
accessible.
(c) Subsection 24-1(a)(7) does not apply to or affect
any of the following:
(1) Peace officers while in performance of their
official duties.
(2) Wardens, superintendents and keepers of
prisons, penitentiaries, jails and other institutions for
the detention of persons accused or convicted of an
offense.
(3) Members of the Armed Services or Reserve Forces
of the United States or the Illinois National Guard,
while in the performance of their official duty.
(4) Manufacture, transportation, or sale of machine
guns to persons authorized under subdivisions (1) through
(3) of this subsection to possess machine guns, if the
machine guns are broken down in a non-functioning state
or are not immediately accessible.
(5) Persons licensed under federal law to
manufacture any weapon from which 8 or more shots or
bullets can be discharged by a single function of the
firing device, or ammunition for such weapons, and
actually engaged in the business of manufacturing such
weapons or ammunition, but only with respect to
activities which are within the lawful scope of such
business, such as the manufacture, transportation, or
testing of such weapons or ammunition. This exemption
does not authorize the general private possession of any
weapon from which 8 or more shots or bullets can be
discharged by a single function of the firing device, but
only such possession and activities as are within the
lawful scope of a licensed manufacturing business
described in this paragraph.
During transportation, such weapons shall be broken
down in a non-functioning state or not immediately
accessible.
(6) The manufacture, transport, testing, delivery,
transfer or sale, and all lawful commercial or
experimental activities necessary thereto, of rifles,
shotguns, and weapons made from rifles or shotguns, or
ammunition for such rifles, shotguns or weapons, where
engaged in by a person operating as a contractor or
subcontractor pursuant to a contract or subcontract for
the development and supply of such rifles, shotguns,
weapons or ammunition to the United States government or
any branch of the Armed Forces of the United States, when
such activities are necessary and incident to fulfilling
the terms of such contract.
The exemption granted under this subdivision (c)(6)
shall also apply to any authorized agent of any such
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.
During transportation, any such weapon shall be
broken down in a non-functioning state, or not
immediately accessible.
(d) Subsection 24-1(a)(1) does not apply to the
purchase, possession or carrying of a black-jack or
slung-shot by a peace officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not
apply to:
(1) Members of the Armed Services or Reserve Forces
of the United States or the Illinois National Guard,
while in the performance of their official duty.
(2) Bonafide collectors of antique or surplus
military ordinance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordinance.
(4) Commerce, preparation, assembly or possession
of explosive bullets by manufacturers of ammunition
licensed by the federal government, in connection with
the supply of those organizations and persons exempted by
subdivision (g)(1) of this Section, or like organizations
and persons outside this State, or the transportation of
explosive bullets to any organization or person exempted
in this Section by a common carrier or by a vehicle owned
or leased by an exempted manufacturer.
(h) An information or indictment based upon a violation
of any subsection of this Article need not negative any
exemptions contained in this Article. The defendant shall
have the burden of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm
consigned to a common carrier operating under license of the
State of Illinois or the federal government, where such
transportation, carrying, or possession is incident to the
lawful transportation in which such common carrier is
engaged; and nothing in this Article shall prohibit, apply
to, or affect the transportation, carrying, or possession of
any pistol, revolver, stun gun, taser, or other firearm, not
the subject of and regulated by subsection 24-1(a)(7) or
subsection 24-2(c) of this Article, which is unloaded and
enclosed in a case, firearm carrying box, shipping box, or
other container, by the possessor of a valid Firearm Owners
Identification Card.
(Source: P.A. 91-287, eff. 1-1-00; 91-690, eff. 4-13-00;
92-325, eff. 8-9-01.)
Section 10. The Probation and Probation Officers Act is
amended by changing Section 15 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 shall require, when
appropriate, coordination with the Department of
Corrections 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.
(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 said probationer before the Court having
jurisdiction over the probationer him for further order.
(Source: P.A. 89-198, eff. 7-21-95; 89-390, eff. 8-20-95;
89-626, eff. 8-9-96.)