55 ILCS 5/ Counties Code.

(55 ILCS 5/3-14045) (from Ch. 34, par. 3-14045)

Sec. 3-14045. Vacancy upon conviction; disqualification. If any person shall be convicted under the next preceding Section, any public office or place of public employment, which such person may hold shall, by force of such conviction, be rendered vacant, and such person shall be incapable of holding any office or place of public employment for the period of five years from the date of such conviction.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14046) (from Ch. 34, par. 3-14046)

Sec. 3-14046. Prosecution for violations. Prosecutions for violations of this Division may be instituted either by the Attorney General, the State's attorney for the county in which the offense is alleged to have been committed, or by the commission acting through special counsel. Such suits shall be conducted and controlled by the prosecuting officers who institute them, unless they request the aid of other prosecuting officers.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14047) (from Ch. 34, par. 3-14047)

Sec. 3-14047. Audit committee. The board of commissioners may establish an audit committee, and may appoint members of the board or other appropriate officers to the committee, to review audit reports, financial reports or any other related document prepared under this Division, including management letters proposed by or on behalf of the county board.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14048) (from Ch. 34, par. 3-14048)

Sec. 3-14048. County auditor. In the County of Cook, there is hereby created the office of auditor who shall be appointed by the President of the County Board, in accordance with the terms and provisions of the law in relation to civil service in said county, and whose compensation and official bond shall be fixed by said board; and there shall be formulated, installed and regulated by and under the direction and authority of the County Board, and subject to the provisions of "The Local Records Act", a uniform system of books of account, forms, reports and records to be used in the offices of every county officer of Cook County which said system of books of account, forms, reports and records so formulated under the direction of the said County Board and installed and regulated shall be used by said county officers for the purpose of keeping an accurate statement of moneys received by them and all the financial and business transactions of their respective offices; and said auditor shall audit or cause to be audited from day to day the receipts of the said several offices and the reports of the said offices of the business transactions of their respective offices and certify to their correctness or incorrectness to the County Board. Said auditor shall report monthly to the County Board a summarized and classified statement of the official transactions of each of the said offices of each officer of Cook County for each day of said month; and the said auditor shall further make a semi-annual report to the County Board containing a recapitulation of the receipts of the several offices for the preceding 6 months; such report to include the period covered by the semi-annual report of the several officers of the County of Cook to the County Board where a semi-annual report is required by law from said officers.

For the purpose aforesaid the said County Board or any one authorized by it in addition to the power and authority vested in them by Sections 3-13001 and 3-13002, as heretofore or hereafter amended, are vested with power and authority to enter the office of any county officer of Cook County at all times and to have free and unrestricted access to all the books, papers, forms, reports, accounts and memoranda used by said officers for the transaction of the business of their respective offices for the purpose of auditing, checking or correcting the reports when reports to the County Board are required from said offices by law, or compiling the records provided herein to be made to the County Board, or auditing the general business of the offices.

Said auditor may under the direction of the County Board prescribe new forms, reports, accounts or records to be used by said officers in the transaction of the said business of their several respective offices, or change, alter or amend the same from time to time.

The said auditor may with the authority of the President of the County Board employ assistants, the number and compensation of whom shall be fixed by the County Board.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14049) (from Ch. 34, par. 3-14049)

Sec. 3-14049. Appointment of physicians and nurses for the poor and mentally ill persons. The appointment, employment and removal by the Board of Commissioners of Cook County of all physicians and surgeons, advanced practice registered nurses, physician assistants, and nurses for the care and treatment of the sick, poor, mentally ill or persons in need of mental treatment of said county shall be made only in conformity with rules prescribed by the County Civil Service Commission to accomplish the purposes of this Section.

The Board of Commissioners of Cook County may provide that all such physicians and surgeons who serve without compensation shall be appointed for a term to be fixed by the Board, and that the physicians and surgeons usually designated and known as interns shall be appointed for a term to be fixed by the Board: Provided, that there may also, at the discretion of the board, be a consulting staff of physicians and surgeons, which staff may be appointed by the president, subject to the approval of the board, and provided further, that the Board may contract with any recognized training school or any program for health professionals for health care services of any or all of such sick or mentally ill or persons in need of mental treatment.

(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)

(55 ILCS 5/Div. 3-15 heading) Division 3-15. County Department of Corrections

(55 ILCS 5/3-15001) (from Ch. 34, par. 3-15001)

Sec. 3-15001. Subtitle. This Division shall be subtitled the County Department of Corrections Law.

(Source: P.A. 86-962.)

(55 ILCS 5/3-15002) (from Ch. 34, par. 3-15002)

Sec. 3-15002. Creation. In any county having more than 1,000,000 inhabitants, there is created within the office of the Sheriff a Department of Corrections, referred to in this Division as the "Department".

(Source: P.A. 86-962; 87-895.)

(55 ILCS 5/3-15003) (from Ch. 34, par. 3-15003)

Sec. 3-15003. Powers and duties. Under the direction of the Sheriff the Department shall have the powers and duties enumerated as follows:

(a) To operate and have jurisdiction over the county jail, municipal houses of correction within the county and any other penal, corrections or prisoner diagnostic center facility operated by either the county jail or municipal houses of correction.

(b) To have charge of all prisoners held in any institution, center or other facility in the county over which it has jurisdiction under subsection (a) of this Section, whether they are misdemeanants, felons, persons held for trial, persons held in protective custody, persons held for transfer to other detention facilities or persons held for non-payment of fines, for violations of ordinances or any other quasi-criminal charges. Nothing in this Division applies to minors subject to proceedings under the Juvenile Court Act of 1987. It may transfer or recommit any prisoner from one institution, center or other such facility to any other institution, center or other facility whenever it determines that such transfer or recommitment would promote the welfare or rehabilitation of the prisoner, or that such transfer or recommitment is necessary to relieve overcrowding.

(c) To establish diagnostic, classification and rehabilitation services and programs at the county jail and such other facilities over which it has jurisdiction under subsection (a) of this Section as may be appropriate.

(d) To establish, whenever feasible, separate detention and commitment facilities and utilize the facilities over which it has jurisdiction under subsection (a) of this Section in a manner which provides separate detention and commitment facilities.

(Source: P.A. 86-962.)

(55 ILCS 5/3-15003.3)

Sec. 3-15003.3. Voter registration; county jails. Upon discharge of a person who is eligible to vote from a county jail, the county jail shall provide the person with a voter registration application. Each election authority shall collaborate with the county jail within the jurisdiction of the election authority to facilitate voter registration for voters eligible to vote in that county who are confined or detained in the county jail. A county jail shall provide a voter registration application to any person in custody at the jail who requests an application and is eligible to vote.

(Source: P.A. 101-442, eff. 1-1-20.)

(55 ILCS 5/3-15003.4)

Sec. 3-15003.4. Voting rights; county jails; probation offices.

(a) Each county jail and county probation office shall make available current resource materials, maintained by the Illinois State Board of Elections, containing detailed information regarding the voting rights of a person with a criminal conviction in print.

(b) The current resource materials described under subsection (a) shall be provided:

(1) upon discharge of a person from a county jail; and

(2) upon intake of a person by a county probation department.

(Source: P.A. 101-442, eff. 1-1-20.)

(55 ILCS 5/3-15003.5)

Sec. 3-15003.5. County impact incarceration program.

(a) Under the direction of the Sheriff and with the approval of the County Board of Commissioners, the Sheriff in any county with more than 3,000,000 inhabitants, shall have the power to operate a county impact incarceration program for persons eligible for a term of imprisonment, but sentenced to a county impact incarceration program by the sentencing court. In order to be eligible to participate in a county impact incarceration program, a person convicted of a felony shall meet the requirements set forth in subsection (b) of Section 5-8-1.2 of the Unified Code of Corrections.

(b) (Blank).

(c) The Sheriff, with the approval of the County Board of Commissioners, shall have the power to enter into intergovernmental cooperation agreements with the Illinois Department of Corrections under which persons in the custody of the Illinois Department may participate in the county impact incarceration program. No person shall be eligible for participation who does not meet the criteria set forth in subsection (b) of Section 5-8-1.1 of the Unified Code of Corrections. Offenders committed to the Illinois Department of Corrections who successfully complete the county impact incarceration program shall have their sentence reduced to time considered served upon certification to the Court by the Illinois Department of Corrections that the offender has successfully completed the program.

(Source: P.A. 88-469; 89-587, eff. 7-31-96.)

(55 ILCS 5/3-15003.6)

Sec. 3-15003.6. Pregnant female prisoners.

(a) Definitions. For the purpose of this Section and Sections 3-15003.7, 3-15003.8, 3-15003.9, and 3-15003.10:

(1) "Restraints" means any physical restraint or mechanical device used to control the movement of a prisoner's body or limbs, or both, including, but not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security (tether) chain, or a convex shield, or shackles of any kind.

(2) "Labor" means the period of time before a birth and shall include any medical condition in which a woman is sent or brought to the hospital for the purpose of delivering her baby. These situations include: induction of labor, prodromal labor, pre-term labor, prelabor rupture of membranes, the 3 stages of active labor, uterine hemorrhage during the third trimester of pregnancy, and caesarian delivery including pre-operative preparation.

(3) "Post-partum" means, as determined by her physician, advanced practice registered nurse, or physician assistant, the period immediately following delivery, including the entire period a woman is in the hospital or infirmary after birth.

(4) "Correctional institution" means any entity under the authority of a county law enforcement division of a county of more than 3,000,000 inhabitants that has the power to detain or restrain, or both, a person under the laws of the State.

(5) "Corrections official" means the official that is responsible for oversight of a correctional institution, or his or her designee.

(6) "Prisoner" means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program, and any person detained under the immigration laws of the United States at any correctional facility.

(7) "Extraordinary circumstance" means an extraordinary medical or security circumstance, including a substantial flight risk, that dictates restraints be used to ensure the safety and security of the prisoner, the staff of the correctional institution or medical facility, other prisoners, or the public.

(b) A county department of corrections shall not apply security restraints to a prisoner that has been determined by a qualified medical professional to be pregnant and is known by the county department of corrections to be pregnant or in postpartum recovery, which is the entire period a woman is in the medical facility after birth, unless the corrections official makes an individualized determination that the prisoner presents a substantial flight risk or some other extraordinary circumstance that dictates security restraints be used to ensure the safety and security of the prisoner, her child or unborn child, the staff of the county department of corrections or medical facility, other prisoners, or the public. The protections set out in clauses (b)(3) and (b)(4) of this Section shall apply to security restraints used pursuant to this subsection. The corrections official shall immediately remove all restraints upon the written or oral request of medical personnel. Oral requests made by medical personnel shall be verified in writing as promptly as reasonably possible.

(1) Qualified authorized health staff shall have the authority to order therapeutic restraints for a pregnant or postpartum prisoner who is a danger to herself, her child, unborn child, or other persons due to a psychiatric or medical disorder. Therapeutic restraints may only be initiated, monitored and discontinued by qualified and authorized health staff and used to safely limit a prisoner's mobility for psychiatric or medical reasons. No order for therapeutic restraints shall be written unless medical or mental health personnel, after personally observing and examining the prisoner, are clinically satisfied that the use of therapeutic restraints is justified and permitted in accordance with hospital policies and applicable State law. Metal handcuffs or shackles are not considered therapeutic restraints.

(2) Whenever therapeutic restraints are used by medical personnel, Section 2-108 of the Mental Health and Developmental Disabilities Code shall apply.

(3) Leg irons, shackles or waist shackles shall not be used on any pregnant or postpartum prisoner regardless of security classification. Except for therapeutic restraints under clause (b)(2), no restraints of any kind may be applied to prisoners during labor.

(4) When a pregnant or postpartum prisoner must be restrained, restraints used shall be the least restrictive restraints possible to ensure the safety and security of the prisoner, her child, unborn child, the staff of the county department of corrections or medical facility, other prisoners, or the public, and in no case shall include leg irons, shackles or waist shackles.

(5) Upon the pregnant prisoner's entry into a hospital room, and completion of initial room inspection, a corrections official shall be posted immediately outside the hospital room, unless requested to be in the room by medical personnel attending to the prisoner's medical needs.

(6) The county department of corrections shall provide adequate corrections personnel to monitor the pregnant prisoner during her transport to and from the hospital and during her stay at the hospital.

(7) Where the county department of corrections requires prisoner safety assessments, a corrections official may enter the hospital room to conduct periodic prisoner safety assessments, except during a medical examination or the delivery process.

(8) Upon discharge from a medical facility, postpartum prisoners shall be restrained only with handcuffs in front of the body during transport to the county department of corrections. A corrections official shall immediately remove all security restraints upon written or oral request by medical personnel. Oral requests made by medical personnel shall be verified in writing as promptly as reasonably possible.

(c) Enforcement. No later than 30 days before the end of each fiscal year, the county sheriff or corrections official of the correctional institution where a pregnant prisoner has been restrained during that previous fiscal year, shall submit a written report to the Illinois General Assembly and the Office of the Governor that includes an account of every instance of prisoner restraint pursuant to this Section. The written report shall state the date, time, location and rationale for each instance in which restraints are used. The written report shall not contain any individually identifying information of any prisoner. Such reports shall be made available for public inspection.

(Source: P.A. 100-513, eff. 1-1-18; 101-652, eff. 7-1-21.)

(55 ILCS 5/3-15003.7)

Sec. 3-15003.7. Corrections official training related to pregnant prisoners.

(a) A county department of corrections shall provide training relating to medical and mental health care issues applicable to pregnant prisoners to:

(1) each corrections official employed by a county department at a correctional institution in which female prisoners are confined; and

(2) any other county department of corrections employee whose duties involve contact with pregnant prisoners.

(b) The training must include information regarding:

(1) appropriate care for pregnant prisoners; and

(2) the impact on a pregnant prisoner and the prisoner's unborn child of:

(A) the use of restraints;

(B) placement in administrative segregation; and

(C) invasive searches.

(Source: P.A. 101-652, eff. 7-1-21.)

(55 ILCS 5/3-15003.8)

Sec. 3-15003.8. Educational programming for pregnant prisoners. The Illinois Department of Public Health shall provide the county department of corrections with educational programming relating to pregnancy and parenting and the county department of corrections shall provide the programming to pregnant prisoners. The programming must include instruction regarding:

(1) appropriate prenatal care and hygiene;

(2) the effects of prenatal exposure to alcohol and drugs on a developing fetus;

(3) parenting skills; and

(4) medical and mental health issues applicable to children.

(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)

(55 ILCS 5/3-15003.9)

Sec. 3-15003.9. Prisoner post-partum recovery requirements. A county department of corrections shall ensure that, for a period of 72 hours after the birth of an infant by a prisoner:

(1) the infant is allowed to remain with the prisoner, unless a medical professional determines doing so would pose a health or safety risk to the prisoner or infant; and

(2) the prisoner has access to any nutritional or hygiene-related products necessary to care for the infant, including diapers.

(Source: P.A. 101-652, eff. 7-1-21.)

(55 ILCS 5/3-15003.10)

Sec. 3-15003.10. Housing requirements applicable to pregnant prisoners.

(a) A county department of corrections may not place in administrative segregation a prisoner who is pregnant or who gave birth during the preceding 30 days unless the director of the county department of corrections or the director's designee determines that the placement is necessary based on a reasonable belief that the prisoner will harm herself, the prisoner's infant, or any other person or will attempt escape.

(b) A county department of corrections may not assign a pregnant prisoner to any bed that is elevated more than 3 feet above the floor.

(Source: P.A. 101-652, eff. 7-1-21.)

(55 ILCS 5/3-15004)

Sec. 3-15004. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

(55 ILCS 5/3-15005)

Sec. 3-15005. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

(55 ILCS 5/3-15006)

Sec. 3-15006. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

(55 ILCS 5/3-15007)

Sec. 3-15007. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)