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705 ILCS 405/5-145
(705 ILCS 405/5-145)
Cooperation of agencies; Serious Habitual Offender
Comprehensive Action Program.
(a) The Serious Habitual Offender Comprehensive Action Program (SHOCAP)
is a multi-disciplinary interagency case management and information sharing
system that enables the juvenile justice system, schools, and social
service agencies to make more informed decisions regarding a small number
of juveniles who repeatedly commit serious delinquent acts.
(b) Each county in the State of Illinois, other than Cook County, may
multi-disciplinary agency (SHOCAP) committee. In Cook County, each
subcircuit or group of subcircuits may establish a multi-disciplinary agency
(SHOCAP) committee. The committee shall consist
of representatives from the following agencies: local law enforcement, area
school district, state's attorney's office, and court services (probation).
The chairman may appoint additional members to the committee as deemed
appropriate to accomplish the goals of this program, including, but not
limited to, representatives from the juvenile detention center, mental
health, the Illinois Department of Children and Family Services, Department of
Human Services and
community representatives at large.
(c) The SHOCAP committee shall adopt, by a majority of the members:
(1) criteria that will identify those who qualify as
a serious habitual juvenile offender; and
(2) a written interagency information sharing
agreement to be signed by the chief executive officer of each of the agencies represented on the committee. The interagency information sharing agreement shall include a provision that requires that all records pertaining to a serious habitual offender (SHO) shall be confidential. Disclosure of information may be made to other staff from member agencies as authorized by the SHOCAP committee for the furtherance of case management and tracking of the SHO. Staff from the member agencies who receive this information shall be governed by the confidentiality provisions of this Act. The staff from the member agencies who will qualify to have access to the SHOCAP information must be limited to those individuals who provide direct services to the SHO or who provide supervision of the SHO.
(d) The Chief Juvenile Circuit Judge, or the Chief Circuit Judge, or his
or her designee, may issue a comprehensive information sharing court order.
court order shall allow agencies who are represented on the SHOCAP
committee and whose chief executive officer has signed the interagency
information sharing agreement to provide and disclose information to the SHOCAP
committee. The sharing of information will ensure the coordination and
cooperation of all agencies represented in providing case management and
enhancing the effectiveness of the SHOCAP efforts.
(e) Any person or agency who is participating in good faith in the
sharing of SHOCAP information under this Act shall have immunity from any
liability, civil, criminal, or otherwise, that might result by reason of the
type of information exchanged. For the purpose of any proceedings, civil
or criminal, the good faith of any person or agency permitted to share
SHOCAP information under this Act shall be presumed.
(f) All reports concerning SHOCAP clients made available to members of
the SHOCAP committee and all records generated from these reports shall be
confidential and shall not be disclosed, except as specifically authorized
by this Act or other applicable law. It is a Class A misdemeanor to
permit, assist, or encourage the unauthorized release of any information
contained in SHOCAP reports or records.
(Source: P.A. 90-590, eff. 1-1-99.)