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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 55 ILCS 5/3-6038
(55 ILCS 5/3-6038)
Sec. 3-6038. County impact incarceration program.
(a) With the approval of the county board, the sheriff in any
county with 3,000,000 or fewer inhabitants may operate an impact incarceration program for persons who would otherwise be
sentenced to serve a term of imprisonment. In order to be eligible to
participate in the impact incarceration program, a person convicted of a felony
or a misdemeanor must meet the requirements set forth in subsection (b) of
Section 5-8-1.1 of the Unified Code of Corrections.
(b) The impact incarceration program shall include, among other matters,
mandatory physical training and labor, military formation and drills,
regimented activities, uniformity of dress and appearance, and drug or other
counseling where appropriate.
(c) Participation in the impact incarceration program by a committed person
serving a sentence for a misdemeanor shall be for a period of at least 7 days
for each 30 days of his or her term of imprisonment as set forth by the court
in its sentencing order. If the sentence of imprisonment is less than 30 days,
participation in the impact incarceration program shall be for a period
as determined by the court.
Participation in the impact incarceration program by a committed person
serving a sentence for a felony, including a person transferred from the
Illinois Department of Corrections under subsection (f), shall be for a period
of 120 to 180 days.
The period of time a committed person shall serve in the impact incarceration
program shall not be reduced by the accumulation of good time.
(d) The committed person shall serve a term of mandatory supervised release
as set forth in subsection (d) of Section 5-8-1 of the Unified Code of Corrections, if otherwise applicable.
(e) If the sheriff accepts the offender in the program and determines
that the offender has successfully completed the impact incarceration program,
the sentence shall be reduced to time considered served upon certification to
the court by the sheriff that the offender has successfully completed the
program. In the event the offender is not accepted for placement in the impact
incarceration program or the offender does not successfully complete the
program, his or her term of imprisonment shall be as set forth by the court in
its sentencing order.
(f) The sheriff, with the approval of the county board,
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. An offender who successfully completes the county
impact incarceration program shall have his or her 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.
(g) The sheriff, with the approval of the county board, shall have the
power to enter into intergovernmental agreements with the Illinois Department
of Corrections to receive funding, land, services, equipment, or any other form
of economic contribution for construction, operation, and maintenance of a
regional impact incarceration program that serves 2 or more counties.
(Source: P.A. 96-328, eff. 8-11-09.)
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55 ILCS 5/3-6039
(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.
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(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 juvenile correctional facility. This provision shall not exclude a delinquent minor who is committed to the Illinois Department of Juvenile Justice and is participating in the county juvenile impact incarceration program under an intergovernmental cooperation agreement with the Illinois Department of Juvenile Justice.
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(4) The delinquent minor is physically able to
| | participate in strenuous physical activities or labor.
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(5) The delinquent minor does not have a mental
| | disorder or disability that would prevent participation in the county juvenile impact incarceration program.
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(6) The delinquent minor is recommended and approved
| | for placement in the county juvenile impact incarceration program in the court's dispositional order.
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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 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 under which
delinquent minors committed to the Illinois Department of Juvenile Justice 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 that
the delinquent minor has successfully completed the program.
(Source: P.A. 94-696, eff. 6-1-06 .)
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55 ILCS 5/3-6040 (55 ILCS 5/3-6040) Sec. 3-6040. Automated external defibrillators. The sheriff of each county shall, in accordance with the requirements of the Automated External Defibrillator Act, ensure that: (1) his or her office is equipped with an operational | | and accessible automated external defibrillator that meets the requirements of the Automated External Defibrillator Act; and
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| | office is trained to administer the automated external defibrillator in accordance with the Automated External Defibrillator Act.
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(Source: P.A. 99-246, eff. 1-1-16 .)
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55 ILCS 5/3-6041 (55 ILCS 5/3-6041) Sec. 3-6041. Military equipment surplus program. (a) For purposes of this Section: "Bayonet" means a large knife designed to be attached to the muzzle of a rifle, shotgun, or long gun for the purpose of hand-to-hand combat. "Grenade launcher" means a firearm or firearm accessory used to launch fragmentary explosive rounds designed to inflict death or cause great bodily harm. "Military equipment surplus program" means any federal or State program allowing a law enforcement agency to obtain surplus military equipment including, but not limited to, any program organized under Section 1122 of the National Defense Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or Section 1033 of the National Defense Authorization Act for Fiscal Year 1997 (Pub. L. 104-201) or any program established under 10 U.S.C. 2576a. "Tracked armored vehicle" means a vehicle that provides ballistic protection to its occupants and utilizes a tracked system instead of wheels for forward motion not including vehicles listed in the Authorized Equipment List as published by the Federal Emergency Management Agency. "Weaponized aircraft, vessel, or vehicle" means any aircraft, vessel, or vehicle with weapons installed. (b) A sheriff's department shall not request or receive from any military equipment surplus program nor purchase or otherwise utilize the following equipment: (1) tracked armored vehicles; (2) weaponized aircraft, vessels, or vehicles; (3) firearms of .50-caliber or higher; (4) ammunition of .50-caliber or higher; (5) grenade launchers; or (6) bayonets. (c) A home rule county may not regulate the acquisition of equipment in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule counties of powers and functions exercised by the State. (d) If the sheriff requests property from a military equipment surplus program, the sheriff shall publish notice of the request on a publicly accessible website maintained by the sheriff or the county within 14 days after the request.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.) |
55 ILCS 5/3-6042 (55 ILCS 5/3-6042) Sec. 3-6042. Retiring employee; purchase of service firearm and badge. Each Sheriff shall establish a program to allow an employee of the Sheriff's Department who is honorably retiring in good standing to purchase either one or both of the following: (1) any badge previously issued to the employee by the Sheriff's Department; or (2) if the employee has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the employee by the Sheriff's Department. The badge must be permanently and conspicuously marked in such a manner that the individual who possesses the badge is not mistaken for an actively serving law enforcement officer. The cost of the firearm shall be the replacement value of the firearm and not the firearm's fair market value.
(Source: P.A. 102-719, eff. 5-6-22.) |
55 ILCS 5/Div. 3-7
(55 ILCS 5/Div. 3-7 heading)
Division 3-7.
Cook County Sheriff's Merit Board
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55 ILCS 5/3-7001
(55 ILCS 5/3-7001) (from Ch. 34, par. 3-7001)
Sec. 3-7001.
Maintenance of county police department.
The Sheriff
in each county having more than 1,000,000 inhabitants shall maintain a
division to be known as the County Police Department and to consist of such
deputy sheriffs charged with the duty of law enforcement in such county as
may be selected as hereinafter provided.
(Source: P.A. 86-962.)
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55 ILCS 5/3-7002
(55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
Sec. 3-7002. Cook County Sheriff's Merit Board. There is created the
Cook County Sheriff's Merit Board, hereinafter called the Board, consisting
of not less than 3 and not more than 7 members appointed by the Sheriff with the advice and consent of
three-fifths of the county
board, except that the Sheriff may appoint 2 additional members, with the advice and
consent of three-fifths of the county board, at his or her discretion. Of the members first
appointed, one shall serve until the third Monday in March, 1965 one until the
third Monday in March, 1967, and one until the third Monday in March, 1969. Of
the 2 additional members first appointed under authority of this amendatory Act
of 1991, one shall serve until the third Monday in March, 1995, and one until
the third Monday in March, 1997.
Of the 2 additional members first appointed under the authority of this
amendatory Act of
the 91st General Assembly, one shall serve until the third Monday in March,
2005 and
one shall serve until the third Monday in March, 2006.
Upon the expiration of the terms of office of those first appointed
(including the 2 additional members first appointed under authority of
this amendatory Act of 1991 and under the authority of this amendatory Act of
the
91st General Assembly), their respective successors shall be
appointed to hold office from the third Monday in March of the year of
their respective appointments for a term of 6 years and until their
successors are appointed and qualified for a like term. As additional
members are appointed under authority of this amendatory Act of 1997, their
terms shall be set to be staggered consistently with the terms of the existing
Board members. Notwithstanding any provision in this Section to the contrary, the term of office of each member of the Board is abolished on the effective date of this amendatory Act of the 100th General Assembly. Of the 7 members first appointed after the effective date of this Act of the 100th General Assembly, 2 shall serve until the third Monday in March 2019, 2 shall serve until the third Monday in March 2021, and 3 members shall serve until the third Monday in March 2023. The terms of the 2 additional members first appointed after the effective date of this Act of the 100th General Assembly shall be staggered consistently with the terms of the other Board members. Successors or reappointments shall be appointed to hold office for a term ending on the third Monday in March 6 years following the preceding term expiration. Each member of the Board shall hold office until his or her successor is appointed and qualified or the member is reappointed. In all appointments, the county board has the power to approve terms to ensure the Board fulfills its mandate. In the case of a vacancy in the office of a member prior to the conclusion of the member's term, the Sheriff shall, with the advice and consent of three-fifths of the county board, appoint a person to serve for the remainder of the unexpired term. No more than one-half plus one of the
members of the Board shall be affiliated with the same political party. Political affiliation is determined, for purposes of this Section, as the political affiliation an appointed member has or does not have at the time the appointment is approved by the county board and shall continue to be so determined until the member discontinues serving on the Board. No member shall have held or have
been a candidate for an elective public office within one year preceding his or
her appointment.
The Sheriff may deputize members of the Board.
(Source: P.A. 100-562, eff. 12-8-17; 100-912, eff. 8-17-18.)
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55 ILCS 5/3-7003
(55 ILCS 5/3-7003) (from Ch. 34, par. 3-7003)
Sec. 3-7003.
Compensation and expenses of board members.
Each
member of the Board shall receive compensation for
each day during which he is engaged in transacting the business of the
Board and, in addition thereto, his actual traveling and other expenses
necessarily incurred in discharging the duties of his office. No member of
the Board shall receive compensation of more than $25,000 in
any
fiscal year, except that
the Chairman shall receive compensation of no
more than $30,000 in any fiscal year. Such compensation expenses shall
be paid by the county.
(Source: P.A. 91-722, eff. 6-2-00.)
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55 ILCS 5/3-7004
(55 ILCS 5/3-7004) (from Ch. 34, par. 3-7004)
Sec. 3-7004. Clerical and technical staff assistants and hearing officers. The Board is
authorized to employ such clerical and technical staff assistants as may be
necessary to enable the Board to transact its business and to fix their
compensation. The Board is authorized to employ hearing officers to conduct hearings under Section 3-7012. Hearing officers employed by the Board shall be qualified to hold the position as determined by the Board. Hearing officers shall be attorneys licensed to practice law in this State.
(Source: P.A. 100-912, eff. 8-17-18.)
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55 ILCS 5/3-7005
(55 ILCS 5/3-7005) (from Ch. 34, par. 3-7005)
Sec. 3-7005.
Meetings.
As soon as practicable after the members
of the Board have been appointed, they shall meet, upon the call of the
Sheriff, and shall organize by selecting a chairman and a secretary. The
initial chairman and secretary, and their successors, shall be selected by
the Board from among its members for a term of 2 years or for the remainder
of their term of office as a member of the Board, whichever is the shorter.
Two members of the Board shall constitute a quorum for
the transaction of
business, except that as additional members are appointed under authority of
this amendatory Act of 1997, the number of members that must be present to
constitute a quorum shall be the number of members that constitute at least 40%
of the Board. The Board shall hold regular quarterly meetings and such other
meetings as may be called by the chairman.
(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97; 90-655, eff.
7-30-98.)
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55 ILCS 5/3-7006
(55 ILCS 5/3-7006) (from Ch. 34, par. 3-7006)
Sec. 3-7006.
Rules, regulations and procedures; ranks.
Pursuant
to recognized merit principles of public employment, the Board shall
formulate, adopt, and put into effect rules, regulations and procedures for
its operation and the transaction of its business. The Board shall
establish a classification of ranks including those positions which shall
be exempt from merit classification. The Board shall establish a
classification of ranks of the deputy sheriffs in the County Police
Department, a classification of all correctional officer employees in the
County Department of Corrections, and a classification of all full-time
deputy sheriffs not employed as county police officers or county
corrections officers and shall set standards and qualifications for each
such rank and employee.
For the purposes of this Division, "full-time" means an average work week
of 40 hours throughout the calendar year.
(Source: P.A. 86-962.)
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55 ILCS 5/3-7007
(55 ILCS 5/3-7007)
Sec. 3-7007. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 100-912, eff. 8-17-18.)
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55 ILCS 5/3-7008 (55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008) (Text of Section before amendment by P.A. 103-623 )
Sec. 3-7008. Appointments. The appointment of deputy sheriffs in the
Police Department, full-time deputy sheriffs not employed as county police
officers or county corrections officers and of employees in the Department
of Corrections shall be made from those applicants who have been certified
by the Board as being qualified for appointment. Certification for
appointment in one department shall not constitute certification for
appointment in another department. Certification may be made at any point prior to appointment and may be made in conjunction with the Sheriff's application process. All persons so appointed shall, at the
time of their appointment, be not less than 21 years of age, or 20 years of
age and have successfully completed 2 years of law enforcement studies at
an accredited college or university. Any person appointed subsequent to
successful completion of 2 years of such law enforcement studies shall not
have power of arrest, nor shall he or she be permitted to carry firearms,
until he or she reaches 21 years of age. Any person appointed shall be a citizen of the United States, an individual who is legally authorized to work
in the United States under federal law and is authorized under federal law to obtain, carry, or purchase or otherwise possess a firearm, or an individual against whom immigration action has been deferred by the U.S. Citizenship and Immigration Services under the federal Deferred Action for Childhood Arrivals (DACA) process and who is authorized under federal law to obtain, carry, or purchase or otherwise possess a firearm. In addition,
all persons so appointed shall be not more than the maximum age limit fixed
by the Board from time to time, be of sound mind and body, be of good moral
character, have not been convicted of a crime
which the Board considers to be detrimental to the applicant's ability to
carry out his or her duties, possess such prerequisites of training, education
and experience as the Board may from time to time prescribe, and shall be
required to pass successfully mental, physical, psychiatric and other tests
and examinations as may be prescribed by the Board. Preference shall be
given in such appointments to persons who have honorably served in the
military or naval services of the United States. All appointees shall serve a
probationary period of 12 months and during that period may be discharged
at the will of the Sheriff. However, civil service employees of the house
of correction who have certified status at the time of the transfer of the
house of correction to the County Department of Corrections are not subject
to this probationary period, and they shall retain their job titles, such
tenure privileges as are now enjoyed and any subsequent title changes shall
not cause reduction in rank or elimination of positions.
(Source: P.A. 103-357, eff. 1-1-24 .)
(Text of Section after amendment by P.A. 103-623 ) Sec. 3-7008. Appointments. The appointment of deputy sheriffs in the Police Department, full-time deputy sheriffs not employed as county police officers or county corrections officers and of employees in the Department of Corrections shall be made from those applicants who have been certified by the Board as being qualified for appointment. Certification for appointment in one department shall not constitute certification for appointment in another department. Certification may be made at any point prior to appointment and may be made in conjunction with the Sheriff's application process. All persons so appointed shall, at the time of their appointment, be not less than 21 years of age, or 20 years of age and have successfully completed 2 years of law enforcement studies at an accredited college or university. Any person appointed subsequent to successful completion of 2 years of such law enforcement studies shall not have power of arrest, nor shall he or she be permitted to carry firearms, until he or she reaches 21 years of age. Any person appointed shall be a citizen of the United States, an individual who is legally authorized to work in the United States under federal law and is authorized under federal law to obtain, carry, or purchase or otherwise possess a firearm, or an individual against whom immigration action has been deferred by the U.S. Citizenship and Immigration Services under the federal Deferred Action for Childhood Arrivals (DACA) process and who is authorized under federal law to obtain, carry, or purchase or otherwise possess a firearm. In addition, all persons so appointed shall be not more than the maximum age limit fixed by the Board from time to time, be of sound mind and body, be of good moral character, have not been convicted of a crime which the Board considers to be detrimental to the applicant's ability to carry out his or her duties, possess such prerequisites of training, education and experience as the Board may from time to time prescribe, and shall be required to pass successfully mental, physical, psychiatric and other tests and examinations as may be prescribed by the Board. Preference shall be given in such appointments to persons who have honorably served in the military or naval services of the United States. All appointees shall serve a probationary period of 12 months and during that period may be discharged at the will of the Sheriff. However, civil service employees of the house of correction who have certified status at the time of the transfer of the house of correction to the County Department of Corrections are not subject to this probationary period, and they shall retain their job titles, such tenure privileges as are now enjoyed and any subsequent title changes shall not cause reduction in rank or elimination of positions. An applicant who is a veteran, as that term is defined in 38 U.S.C. 101(2), who was discharged honorably or generally under honorable conditions no later than 6 months before applying may request examination to occur before the next scheduled examination date and, if requested, may be examined as soon as possible prior to the next examination date following receipt of the application. Once the applicant passes the examination and all other requirements to be on an eligibility list, the applicant shall be immediately placed on the eligibility list. Nothing in this paragraph waives eligibility for the applicant to receive military preference points during the application process or employment. (Source: P.A. 103-357, eff. 1-1-24; 103-623, eff. 1-1-25.) |
55 ILCS 5/3-7009
(55 ILCS 5/3-7009) (from Ch. 34, par. 3-7009)
Sec. 3-7009.
Promotions.
Promotion of deputy sheriffs in the
County Police Department, full-time deputy sheriffs not employed as county
police officers or county corrections officers, and of employees in the
County Department of Corrections shall be made by the sheriff from those
candidates who have been certified to him as being qualified for promotion.
Certification for promotion in one department shall not constitute
certification for promotion in another department. The
Board shall make certifications for promotions on the basis of ascertained
merit, experience and physical, mental and other tests and examinations.
Those promoted shall serve a probationary period of 12 months and during
that period may be reduced to their former rank at the will of the Board.
Employees of the house of correction whose names, at the time of the
transfer of the house of correction to the County Department of
Corrections, appear on a civil service promotional register, shall retain
the same status insofar as their eligibility to comparable positions in the
employ of the County Department of Corrections is concerned.
(Source: P.A. 86-962.)
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55 ILCS 5/3-7010
(55 ILCS 5/3-7010) (from Ch. 34, par. 3-7010)
Sec. 3-7010.
Rules governing appointments and promotions.
All
appointments and promotions shall be made in accordance with the provisions
of this Division and the rules and regulations of the Board without
considering the political affiliation of any applicant.
(Source: P.A. 86-962.)
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55 ILCS 5/3-7011
(55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)
Sec. 3-7011. Disciplinary measures. Disciplinary measures
prescribed by the Board may be taken by the sheriff for the
punishment of infractions of the rules and regulations promulgated
by the Board. Such disciplinary measures may include suspension
of any deputy sheriff in the County Police Department, any
full-time deputy sheriff not employed as a county police officer
or county corrections officer and any employee in the County
Department of Corrections and any other discipline that does not constitute termination or demotion without complying with the provisions of Section 3-7012 hereof.
(Source: P.A. 100-912, eff. 8-17-18.)
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55 ILCS 5/3-7012
(55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)
Sec. 3-7012. Removal, demotion or suspension. Except as is
otherwise provided in this Division, no deputy sheriff in
the County Police Department, no full-time deputy sheriff not employed
as a county police officer or county corrections officer and no employee in
the County Department of Corrections shall be removed, demoted or suspended
except for cause, upon written charges filed with the Board by the Sheriff
and a hearing before the Board thereon upon not less than 10 days' notice
at a place to be designated by the chairman thereof. At such hearing, the
accused deputy sheriff shall be afforded full opportunity to be heard in
his or her own defense and to produce proof in his or her defense. The
Board shall have the power to secure by its subpoena both the attendance
and testimony of witnesses and the production of books and papers in
support of the charges and for the defense. The fees of witnesses for
attendance and travel shall be the same as the fees of witnesses before the
circuit courts of this State, and shall be paid in the same manner as other
expenses of the Board. Each member of the Board shall have the power to
administer oaths or affirmations. If the charges against an accused deputy
sheriff are established by a preponderance of evidence, the Board shall
make a finding of guilty and order either removal, demotion, suspension for
a period of not more than 180 days, or such other disciplinary punishment
as may be prescribed by the rules and regulations of the Board which, in
the opinion of the members thereof, the offense merits. The Board shall render its decision no later than 120 days following the conclusion of any hearings conducted under this Section. Thereupon the
sheriff shall direct such removal or other punishment as ordered by the
Board and if the accused deputy sheriff refuses to abide by any such
disciplinary order, the sheriff shall remove him or her forthwith. On and after June 1, 2018, for an appointed officer rank subject to hearing under this Section that is covered by a collective bargaining agreement, disciplinary measures and the method of review of those measures are subject to mandatory bargaining, including, but not limited to, the use of impartial arbitration as an alternative or supplemental form of due process and any of the procedures laid out in this Section. Within 21 days after the conclusion of a hearing overseen by a hearing officer appointed under Section 3-7004, the hearing officer shall issue a recommended order in writing, which shall include findings of fact and a determination of whether cause for discipline has been established by the Sheriff. The hearing officer shall also recommend whether discipline should be imposed and the level of the discipline. Any hearing officer may issue the recommended order. Within 21 days after receipt of service of the recommended order, the Sheriff and the respondent may file with the board written exceptions to any part of the order. Exceptions shall be supported by argument and served on all parties at the time they are filed. If no exceptions are filed, the recommended order shall become the order of the board without further review. The board may set any further rules in accordance with this Section.
In case of the neglect or refusal of any person to obey a subpoena
issued by the Board, any circuit court or a judge thereof, upon application
of any member of the Board, may order such person to appear before the
Board and give testimony or produce evidence, and any failure to obey such
order is punishable by the court as a contempt thereof.
The provisions of the Administrative Review Law,
and all amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of any order of the Board rendered pursuant to the
provisions of this Section.
(Source: P.A. 100-912, eff. 8-17-18.)
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