|
(Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04.)
|
(20 ILCS 5/5-20) (was 20 ILCS 5/4)
|
Sec. 5-20. Heads of departments. Each department shall have |
an
officer as its head who shall
be known as director or |
secretary and who shall, subject to the
provisions of the Civil |
Administrative Code of Illinois,
execute the powers and |
discharge the duties
vested by law in his or her respective |
department.
|
The following officers are hereby created:
|
Director of Aging, for the Department on Aging.
|
Director of Agriculture, for the Department of |
Agriculture.
|
Director of Central Management Services, for the |
Department of Central
Management Services.
|
Director of Children and Family Services, for the |
Department of Children and
Family Services.
|
Director of Commerce and Economic Opportunity, for
the |
Department of Commerce
and Economic Opportunity.
|
Director of Corrections, for the Department of |
Corrections.
|
Director of Emergency Management Agency, for the Emergency |
Management Agency.
|
Director of Employment Security, for the Department of |
Employment Security.
|
Director of Financial Institutions, for the Department of |
Financial
Institutions.
|
Director of Human Rights, for the Department of Human |
Rights.
|
Secretary of Human Services, for the Department of Human |
Services.
|
Director of Insurance, for the Department of Insurance.
|
Director of Juvenile Justice, for the Department of |
Juvenile Justice.
|
Director of Labor, for the Department of Labor.
|
Director of the Lottery, for the Department of the Lottery.
|
|
Director of Natural Resources, for the Department of |
Natural Resources.
|
Director of Professional Regulation, for the Department of |
Professional
Regulation.
|
Director of Public Aid, for the Department of Public Aid.
|
Director of Public Health, for the Department of Public |
Health.
|
Director of Revenue, for the Department of Revenue.
|
Director of State Police, for the Department of State |
Police.
|
Secretary of Transportation, for the Department of |
Transportation.
|
Director of Veterans' Affairs, for the Department of |
Veterans' Affairs.
|
(Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04.)
|
(20 ILCS 5/5-335) (was 20 ILCS 5/9.11a)
|
Sec. 5-335. In the Department of Corrections. The Director |
of Corrections
shall receive an annual salary as set by the |
Governor from time to time
or as set by the Compensation Review |
Board, whichever is greater.
|
The Assistant Director of Corrections - Juvenile Division |
shall receive
an annual salary as set by the Governor from time |
to time or as set by the
Compensation Review Board, whichever |
is greater.
|
The Assistant Director of Corrections - Adult Division |
shall receive
an annual salary as set by the Governor from time |
to time or as set by the
Compensation Review Board, whichever |
is greater.
|
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, |
eff.
6-28-01.)
|
(20 ILCS 5/5-362 new)
|
Sec. 5-362. In the Department of Juvenile Justice. The |
Director of Juvenile Justice shall receive an annual salary as |
set by the Governor from time to time
or as set by the |
|
Compensation Review Board, whichever is greater.
|
Section 6. The Children and Family Services Act is amended |
by changing Section 17a-11 as follows:
|
(20 ILCS 505/17a-11) (from Ch. 23, par. 5017a-11)
|
Sec. 17a-11. Governor's Youth Services Initiative. In |
cooperation with
the Department of Juvenile Justice
|
Corrections, the Department of Human Services and the
Illinois |
State Board of Education, the
Department of Children and Family |
Services shall establish the Governor's Youth
Services |
Initiative. This program shall offer assistance to |
multi-problem
youth whose difficulties are not the clear |
responsibility of any one state
agency, and who are referred to |
the program by the juvenile court. The
decision to establish |
and to maintain an initiative program shall be based upon
the |
availability of program funds and the overall needs of the |
service area.
|
A Policy Board shall be established as the decision-making |
body of the
Governor's Youth Services Initiative. The Board |
shall be composed of State
agency liaisons appointed by the |
Secretary of Human Services, the Directors
of the Department of |
Children and Family Services and the Department
of Juvenile |
Justice
Corrections, and the State Superintendent of |
Education. The Board shall
meet at least quarterly.
|
The Department of Children and Family Services may |
establish a system of
regional interagency councils in the |
various geographic regions of the State to
address, at the |
regional or local level, the delivery of services to
|
multi-problem youth.
|
The Department of Children and Family Services in |
consultation with the
aforementioned sponsors of the program |
shall promulgate rules and
regulations pursuant to the Illinois |
Administrative Procedure Act, for the
development of |
initiative programs in densely populated areas of the State
to |
meet the needs of multi-problem youth.
|
|
(Source: P.A. 88-487; 89-507, eff. 7-1-97.)
|
Section 7. The Illinois Pension Code is amended by |
changing Section 14-110 as follows:
|
(40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
|
Sec. 14-110. Alternative retirement annuity.
|
(a) Any member who has withdrawn from service with not less |
than 20
years of eligible creditable service and has attained |
age 55, and any
member who has withdrawn from service with not |
less than 25 years of
eligible creditable service and has |
attained age 50, regardless of whether
the attainment of either |
of the specified ages occurs while the member is
still in |
service, shall be entitled to receive at the option of the |
member,
in lieu of the regular or minimum retirement annuity, a |
retirement annuity
computed as follows:
|
(i) for periods of service as a noncovered employee:
if |
retirement occurs on or after January 1, 2001, 3% of final
|
average compensation for each year of creditable service; |
if retirement occurs
before January 1, 2001, 2 1/4% of |
final average compensation for each of the
first 10 years |
of creditable service, 2 1/2% for each year above 10 years |
to
and including 20 years of creditable service, and 2 3/4% |
for each year of
creditable service above 20 years; and
|
(ii) for periods of eligible creditable service as a |
covered employee:
if retirement occurs on or after January |
1, 2001, 2.5% of final average
compensation for each year |
of creditable service; if retirement occurs before
January |
1, 2001, 1.67% of final average compensation for each of |
the first
10 years of such service, 1.90% for each of the |
next 10 years of such service,
2.10% for each year of such |
service in excess of 20 but not exceeding 30, and
2.30% for |
each year in excess of 30.
|
Such annuity shall be subject to a maximum of 75% of final |
average
compensation if retirement occurs before January 1, |
2001 or to a maximum
of 80% of final average compensation if |
|
retirement occurs on or after January
1, 2001.
|
These rates shall not be applicable to any service |
performed
by a member as a covered employee which is not |
eligible creditable service.
Service as a covered employee |
which is not eligible creditable service
shall be subject to |
the rates and provisions of Section 14-108.
|
(b) For the purpose of this Section, "eligible creditable |
service" means
creditable service resulting from service in one |
or more of the following
positions:
|
(1) State policeman;
|
(2) fire fighter in the fire protection service of a |
department;
|
(3) air pilot;
|
(4) special agent;
|
(5) investigator for the Secretary of State;
|
(6) conservation police officer;
|
(7) investigator for the Department of Revenue;
|
(8) security employee of the Department of Human |
Services;
|
(9) Central Management Services security police |
officer;
|
(10) security employee of the Department of |
Corrections or the Department of Juvenile Justice;
|
(11) dangerous drugs investigator;
|
(12) investigator for the Department of State Police;
|
(13) investigator for the Office of the Attorney |
General;
|
(14) controlled substance inspector;
|
(15) investigator for the Office of the State's |
Attorneys Appellate
Prosecutor;
|
(16) Commerce Commission police officer;
|
(17) arson investigator;
|
(18) State highway maintenance worker.
|
A person employed in one of the positions specified in this |
subsection is
entitled to eligible creditable service for |
service credit earned under this
Article while undergoing the |
|
basic police training course approved by the
Illinois Law |
Enforcement Training
Standards Board, if
completion of that |
training is required of persons serving in that position.
For |
the purposes of this Code, service during the required basic |
police
training course shall be deemed performance of the |
duties of the specified
position, even though the person is not |
a sworn peace officer at the time of
the training.
|
(c) For the purposes of this Section:
|
(1) The term "state policeman" includes any title or |
position
in the Department of State Police that is held by |
an individual employed
under the State Police Act.
|
(2) The term "fire fighter in the fire protection |
service of a
department" includes all officers in such fire |
protection service
including fire chiefs and assistant |
fire chiefs.
|
(3) The term "air pilot" includes any employee whose |
official job
description on file in the Department of |
Central Management Services, or
in the department by which |
he is employed if that department is not covered
by the |
Personnel Code, states that his principal duty is the |
operation of
aircraft, and who possesses a pilot's license; |
however, the change in this
definition made by this |
amendatory Act of 1983 shall not operate to exclude
any |
noncovered employee who was an "air pilot" for the purposes |
of this
Section on January 1, 1984.
|
(4) The term "special agent" means any person who by |
reason of
employment by the Division of Narcotic Control, |
the Bureau of Investigation
or, after July 1, 1977, the |
Division of Criminal Investigation, the
Division of |
Internal Investigation, the Division of Operations, or any
|
other Division or organizational
entity in the Department |
of State Police is vested by law with duties to
maintain |
public order, investigate violations of the criminal law of |
this
State, enforce the laws of this State, make arrests |
and recover property.
The term "special agent" includes any |
title or position in the Department
of State Police that is |
|
held by an individual employed under the State
Police Act.
|
(5) The term "investigator for the Secretary of State" |
means any person
employed by the Office of the Secretary of |
State and vested with such
investigative duties as render |
him ineligible for coverage under the Social
Security Act |
by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
218(l)(1)
of that Act.
|
A person who became employed as an investigator for the |
Secretary of
State between January 1, 1967 and December 31, |
1975, and who has served as
such until attainment of age |
60, either continuously or with a single break
in service |
of not more than 3 years duration, which break terminated |
before
January 1, 1976, shall be entitled to have his |
retirement annuity
calculated in accordance with |
subsection (a), notwithstanding
that he has less than 20 |
years of credit for such service.
|
(6) The term "Conservation Police Officer" means any |
person employed
by the Division of Law Enforcement of the |
Department of Natural Resources and
vested with such law |
enforcement duties as render him ineligible for coverage
|
under the Social Security Act by reason of Sections |
218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The |
term "Conservation Police Officer" includes
the positions |
of Chief Conservation Police Administrator and Assistant
|
Conservation Police Administrator.
|
(7) The term "investigator for the Department of |
Revenue" means any
person employed by the Department of |
Revenue and vested with such
investigative duties as render |
him ineligible for coverage under the Social
Security Act |
by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
218(l)(1)
of that Act.
|
(8) The term "security employee of the Department of |
Human Services"
means any person employed by the Department |
of Human Services who (i) is
employed at the Chester Mental |
Health Center and has daily contact with the
residents |
thereof, (ii) is employed within a security unit at a |
|
facility
operated by the Department and has daily contact |
with the residents of the
security unit, (iii) is employed |
at a facility operated by the Department
that includes a |
security unit and is regularly scheduled to work at least
|
50% of his or her working hours within that security unit, |
or (iv) is a mental health police officer.
"Mental health |
police officer" means any person employed by the Department |
of
Human Services in a position pertaining to the |
Department's mental health and
developmental disabilities |
functions who is vested with such law enforcement
duties as |
render the person ineligible for coverage under the Social |
Security
Act by reason of Sections 218(d)(5)(A), |
218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" |
means that portion of a facility that is devoted to
the |
care, containment, and treatment of persons committed to |
the Department of
Human Services as sexually violent |
persons, persons unfit to stand trial, or
persons not |
guilty by reason of insanity. With respect to past |
employment,
references to the Department of Human Services |
include its predecessor, the
Department of Mental Health |
and Developmental Disabilities.
|
The changes made to this subdivision (c)(8) by Public |
Act 92-14 apply to persons who retire on or after January |
1,
2001, notwithstanding Section 1-103.1.
|
(9) "Central Management Services security police |
officer" means any
person employed by the Department of |
Central Management Services who is
vested with such law |
enforcement duties as render him ineligible for
coverage |
under the Social Security Act by reason of Sections |
218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
|
(10) For a member who first became an employee under |
this Article before July 1, 2005, the term "security |
employee of the Department of Corrections or the Department |
of Juvenile Justice"
means any employee of the Department |
of Corrections or the Department of Juvenile Justice or the |
former
Department of Personnel, and any member or employee |
|
of the Prisoner
Review Board, who has daily contact with |
inmates or youth by working within a
correctional facility |
or Juvenile facility operated by the Department of Juvenile |
Justice or who is a parole officer or an employee who has
|
direct contact with committed persons in the performance of |
his or her
job duties. For a member who first becomes an |
employee under this Article on or after July 1, 2005, the |
term means an employee of the Department of Corrections or |
the Department of Juvenile Justice who is any of the |
following: (i) officially headquartered at a correctional |
facility or Juvenile facility operated by the Department of |
Juvenile Justice, (ii) a parole officer, (iii) a member of |
the apprehension unit, (iv) a member of the intelligence |
unit, (v) a member of the sort team, or (vi) an |
investigator.
|
(11) The term "dangerous drugs investigator" means any |
person who is
employed as such by the Department of Human |
Services.
|
(12) The term "investigator for the Department of State |
Police" means
a person employed by the Department of State |
Police who is vested under
Section 4 of the Narcotic |
Control Division Abolition Act with such
law enforcement |
powers as render him ineligible for coverage under the
|
Social Security Act by reason of Sections 218(d)(5)(A), |
218(d)(8)(D) and
218(l)(1) of that Act.
|
(13) "Investigator for the Office of the Attorney |
General" means any
person who is employed as such by the |
Office of the Attorney General and
is vested with such |
investigative duties as render him ineligible for
coverage |
under the Social Security Act by reason of Sections |
218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For |
the period before January 1,
1989, the term includes all |
persons who were employed as investigators by the
Office of |
the Attorney General, without regard to social security |
status.
|
(14) "Controlled substance inspector" means any person |
|
who is employed
as such by the Department of Professional |
Regulation and is vested with such
law enforcement duties |
as render him ineligible for coverage under the Social
|
Security Act by reason of Sections 218(d)(5)(A), |
218(d)(8)(D) and 218(l)(1) of
that Act. The term |
"controlled substance inspector" includes the Program
|
Executive of Enforcement and the Assistant Program |
Executive of Enforcement.
|
(15) The term "investigator for the Office of the |
State's Attorneys
Appellate Prosecutor" means a person |
employed in that capacity on a full
time basis under the |
authority of Section 7.06 of the State's Attorneys
|
Appellate Prosecutor's Act.
|
(16) "Commerce Commission police officer" means any |
person employed
by the Illinois Commerce Commission who is |
vested with such law
enforcement duties as render him |
ineligible for coverage under the Social
Security Act by |
reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
|
218(l)(1) of that Act.
|
(17) "Arson investigator" means any person who is |
employed as such by
the Office of the State Fire Marshal |
and is vested with such law enforcement
duties as render |
the person ineligible for coverage under the Social |
Security
Act by reason of Sections 218(d)(5)(A), |
218(d)(8)(D), and 218(l)(1) of that
Act. A person who was |
employed as an arson
investigator on January 1, 1995 and is |
no longer in service but not yet
receiving a retirement |
annuity may convert his or her creditable service for
|
employment as an arson investigator into eligible |
creditable service by paying
to the System the difference |
between the employee contributions actually paid
for that |
service and the amounts that would have been contributed if |
the
applicant were contributing at the rate applicable to |
persons with the same
social security status earning |
eligible creditable service on the date of
application.
|
(18) The term "State highway maintenance worker" means |
|
a person who is
either of the following:
|
(i) A person employed on a full-time basis by the |
Illinois
Department of Transportation in the position |
of
highway maintainer,
highway maintenance lead |
worker,
highway maintenance lead/lead worker,
heavy |
construction equipment operator,
power shovel |
operator, or
bridge mechanic; and
whose principal |
responsibility is to perform, on the roadway, the |
actual
maintenance necessary to keep the highways that |
form a part of the State
highway system in serviceable |
condition for vehicular traffic.
|
(ii) A person employed on a full-time basis by the |
Illinois
State Toll Highway Authority in the position |
of
equipment operator/laborer H-4,
equipment |
operator/laborer H-6,
welder H-4,
welder H-6,
|
mechanical/electrical H-4,
mechanical/electrical H-6,
|
water/sewer H-4,
water/sewer H-6,
sign maker/hanger |
H-4,
sign maker/hanger H-6,
roadway lighting H-4,
|
roadway lighting H-6,
structural H-4,
structural H-6,
|
painter H-4, or
painter H-6; and
whose principal |
responsibility is to perform, on the roadway, the |
actual
maintenance necessary to keep the Authority's |
tollways in serviceable condition
for vehicular |
traffic.
|
(d) A security employee of the Department of Corrections or |
the Department of Juvenile Justice, and a security
employee of |
the Department of Human Services who is not a mental health |
police
officer, shall not be eligible for the alternative |
retirement annuity provided
by this Section unless he or she |
meets the following minimum age and service
requirements at the |
time of retirement:
|
(i) 25 years of eligible creditable service and age 55; |
or
|
(ii) beginning January 1, 1987, 25 years of eligible |
creditable service
and age 54, or 24 years of eligible |
creditable service and age 55; or
|
|
(iii) beginning January 1, 1988, 25 years of eligible |
creditable service
and age 53, or 23 years of eligible |
creditable service and age 55; or
|
(iv) beginning January 1, 1989, 25 years of eligible |
creditable service
and age 52, or 22 years of eligible |
creditable service and age 55; or
|
(v) beginning January 1, 1990, 25 years of eligible |
creditable service
and age 51, or 21 years of eligible |
creditable service and age 55; or
|
(vi) beginning January 1, 1991, 25 years of eligible |
creditable service
and age 50, or 20 years of eligible |
creditable service and age 55.
|
Persons who have service credit under Article 16 of this |
Code for service
as a security employee of the Department of |
Corrections or the Department of Juvenile Justice, or the |
Department
of Human Services in a position requiring |
certification as a teacher may
count such service toward |
establishing their eligibility under the service
requirements |
of this Section; but such service may be used only for
|
establishing such eligibility, and not for the purpose of |
increasing or
calculating any benefit.
|
(e) If a member enters military service while working in a |
position in
which eligible creditable service may be earned, |
and returns to State
service in the same or another such |
position, and fulfills in all other
respects the conditions |
prescribed in this Article for credit for military
service, |
such military service shall be credited as eligible creditable
|
service for the purposes of the retirement annuity prescribed |
in this Section.
|
(f) For purposes of calculating retirement annuities under |
this
Section, periods of service rendered after December 31, |
1968 and before
October 1, 1975 as a covered employee in the |
position of special agent,
conservation police officer, mental |
health police officer, or investigator
for the Secretary of |
State, shall be deemed to have been service as a
noncovered |
employee, provided that the employee pays to the System prior |
|
to
retirement an amount equal to (1) the difference between the |
employee
contributions that would have been required for such |
service as a
noncovered employee, and the amount of employee |
contributions actually
paid, plus (2) if payment is made after |
July 31, 1987, regular interest
on the amount specified in item |
(1) from the date of service to the date
of payment.
|
For purposes of calculating retirement annuities under |
this Section,
periods of service rendered after December 31, |
1968 and before January 1,
1982 as a covered employee in the |
position of investigator for the
Department of Revenue shall be |
deemed to have been service as a noncovered
employee, provided |
that the employee pays to the System prior to retirement
an |
amount equal to (1) the difference between the employee |
contributions
that would have been required for such service as |
a noncovered employee,
and the amount of employee contributions |
actually paid, plus (2) if payment
is made after January 1, |
1990, regular interest on the amount specified in
item (1) from |
the date of service to the date of payment.
|
(g) A State policeman may elect, not later than January 1, |
1990, to
establish eligible creditable service for up to 10 |
years of his service as
a policeman under Article 3, by filing |
a written election with the Board,
accompanied by payment of an |
amount to be determined by the Board, equal to
(i) the |
difference between the amount of employee and employer
|
contributions transferred to the System under Section 3-110.5, |
and the
amounts that would have been contributed had such |
contributions been made
at the rates applicable to State |
policemen, plus (ii) interest thereon at
the effective rate for |
each year, compounded annually, from the date of
service to the |
date of payment.
|
Subject to the limitation in subsection (i), a State |
policeman may elect,
not later than July 1, 1993, to establish |
eligible creditable service for
up to 10 years of his service |
as a member of the County Police Department
under Article 9, by |
filing a written election with the Board, accompanied
by |
payment of an amount to be determined by the Board, equal to |
|
(i) the
difference between the amount of employee and employer |
contributions
transferred to the System under Section 9-121.10 |
and the amounts that would
have been contributed had those |
contributions been made at the rates
applicable to State |
policemen, plus (ii) interest thereon at the effective
rate for |
each year, compounded annually, from the date of service to the
|
date of payment.
|
(h) Subject to the limitation in subsection (i), a State |
policeman or
investigator for the Secretary of State may elect |
to establish eligible
creditable service for up to 12 years of |
his service as a policeman under
Article 5, by filing a written |
election with the Board on or before January
31, 1992, and |
paying to the System by January 31, 1994 an amount to be
|
determined by the Board, equal to (i) the difference between |
the amount of
employee and employer contributions transferred |
to the System under Section
5-236, and the amounts that would |
have been contributed had such
contributions been made at the |
rates applicable to State policemen, plus
(ii) interest thereon |
at the effective rate for each year, compounded
annually, from |
the date of service to the date of payment.
|
Subject to the limitation in subsection (i), a State |
policeman,
conservation police officer, or investigator for |
the Secretary of State may
elect to establish eligible |
creditable service for up to 10 years of
service as a sheriff's |
law enforcement employee under Article 7, by filing
a written |
election with the Board on or before January 31, 1993, and |
paying
to the System by January 31, 1994 an amount to be |
determined by the Board,
equal to (i) the difference between |
the amount of employee and
employer contributions transferred |
to the System under Section
7-139.7, and the amounts that would |
have been contributed had such
contributions been made at the |
rates applicable to State policemen, plus
(ii) interest thereon |
at the effective rate for each year, compounded
annually, from |
the date of service to the date of payment.
|
(i) The total amount of eligible creditable service |
established by any
person under subsections (g), (h), (j), (k), |
|
and (l) of this
Section shall not exceed 12 years.
|
(j) Subject to the limitation in subsection (i), an |
investigator for
the Office of the State's Attorneys Appellate |
Prosecutor or a controlled
substance inspector may elect to
|
establish eligible creditable service for up to 10 years of his |
service as
a policeman under Article 3 or a sheriff's law |
enforcement employee under
Article 7, by filing a written |
election with the Board, accompanied by
payment of an amount to |
be determined by the Board, equal to (1) the
difference between |
the amount of employee and employer contributions
transferred |
to the System under Section 3-110.6 or 7-139.8, and the amounts
|
that would have been contributed had such contributions been |
made at the
rates applicable to State policemen, plus (2) |
interest thereon at the
effective rate for each year, |
compounded annually, from the date of service
to the date of |
payment.
|
(k) Subject to the limitation in subsection (i) of this |
Section, an
alternative formula employee may elect to establish |
eligible creditable
service for periods spent as a full-time |
law enforcement officer or full-time
corrections officer |
employed by the federal government or by a state or local
|
government located outside of Illinois, for which credit is not |
held in any
other public employee pension fund or retirement |
system. To obtain this
credit, the applicant must file a |
written application with the Board by March
31, 1998, |
accompanied by evidence of eligibility acceptable to the Board |
and
payment of an amount to be determined by the Board, equal |
to (1) employee
contributions for the credit being established, |
based upon the applicant's
salary on the first day as an |
alternative formula employee after the employment
for which |
credit is being established and the rates then applicable to
|
alternative formula employees, plus (2) an amount determined by |
the Board
to be the employer's normal cost of the benefits |
accrued for the credit being
established, plus (3) regular |
interest on the amounts in items (1) and (2) from
the first day |
as an alternative formula employee after the employment for |
|
which
credit is being established to the date of payment.
|
(l) Subject to the limitation in subsection (i), a security |
employee of
the Department of Corrections may elect, not later |
than July 1, 1998, to
establish eligible creditable service for |
up to 10 years of his or her service
as a policeman under |
Article 3, by filing a written election with the Board,
|
accompanied by payment of an amount to be determined by the |
Board, equal to
(i) the difference between the amount of |
employee and employer contributions
transferred to the System |
under Section 3-110.5, and the amounts that would
have been |
contributed had such contributions been made at the rates |
applicable
to security employees of the Department of |
Corrections, plus (ii) interest
thereon at the effective rate |
for each year, compounded annually, from the date
of service to |
the date of payment.
|
(m) The amendatory changes to this Section made by this |
amendatory Act of the 94th General Assembly apply only to: (1) |
security employees of the Department of Juvenile Justice |
employed by the Department of Corrections before the effective |
date of this amendatory Act of the 94th General Assembly and |
transferred to the Department of Juvenile Justice by this |
amendatory Act of the 94th General Assembly; and (2) persons |
employed by the Department of Juvenile Justice on or after the |
effective date of this amendatory Act of the 94th General |
Assembly who are required by subsection (b) of Section 3-2.5-15 |
of the Unified Code of Corrections to have a bachelor's or |
advanced degree from an accredited college or university with a |
specialization in criminal justice, education, psychology, |
social work, or a closely related social science or, in the |
case of persons who provide vocational training, who are |
required to have adequate knowledge in the skill for which they |
are providing the vocational training.
|
(Source: P.A. 94-4, eff. 6-1-05.)
|
Section 10. The Counties Code is amended by changing |
Section 3-6039 as follows:
|
|
(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.
|
(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
Corrections
juvenile correctional |
facility. This provision shall not exclude a delinquent
|
minor who is committed to the Illinois Department of |
Juvenile Justice
Corrections and is
participating in the |
county juvenile impact incarceration program under an
|
intergovernmental cooperation agreement with the Illinois |
Department of
Juvenile Justice
Corrections, Juvenile |
Division.
|
(4) The delinquent minor is physically able to |
participate in strenuous
physical activities or labor.
|
(5) The delinquent minor does not have a mental |
disorder or disability
that would prevent participation in |
the county juvenile impact incarceration
program.
|
(6) The delinquent minor is recommended and approved |
for placement in the
county juvenile impact incarceration |
program in the court's dispositional
order.
|
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
|
Corrections, Juvenile Division, 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
Corrections, Juvenile |
Division, under which
delinquent minors committed to the |
Illinois Department of Juvenile Justice
Corrections, Juvenile
|
Division, 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
|
Corrections, Juvenile Division, that
the delinquent minor has |
successfully completed the program.
|
(Source: P.A. 89-302, eff. 8-11-95; 89-626, eff. 8-9-96; |
89-689, eff.
12-31-96; 90-256, eff. 1-1-98.)
|
Section 11. The County Shelter Care and Detention Home Act |
is amended by changing Sections 2 and 9.1 as follows:
|
(55 ILCS 75/2) (from Ch. 23, par. 2682)
|
Sec. 2. Each county shelter care home and detention home |
authorized and
established by this Act shall comply with |
minimum standards established by
the Department of Juvenile |
|
Justice
Corrections. No neglected or abused minor, addicted
|
minor, dependent minor or minor requiring authoritative |
intervention, as
defined in the Juvenile Court Act of 1987, or |
minor alleged to be such,
may be detained in any county |
detention home.
|
(Source: P.A. 85-1209.)
|
(55 ILCS 75/9.1) (from Ch. 23, par. 2689.1)
|
Sec. 9.1. (a) Within 6 months after the effective date of |
this amendatory
Act of 1979, all county detention homes or |
independent sections thereof
established prior to such |
effective date shall be designated as either shelter
care or |
detention homes or both, provided physical arrangements are |
created
clearly separating the two, in accordance with their |
basic physical features,
programs and functions, by the |
Department of Juvenile Justice
Corrections in cooperation
with |
the Chief Judge of the Circuit Court and the county board. |
Within
one year after receiving notification of such |
designation by the Department
of Juvenile Justice
Corrections, |
all county shelter care homes and detention homes shall
be in |
compliance with this Act.
|
(b) Compliance with this amendatory Act of 1979 shall not |
affect the
validity of any prior referendum or the levy or |
collection of any tax
authorized under this Act. All county |
shelter care homes and detention
homes established and in |
operation on the effective date of this amendatory
Act of 1979 |
may continue to operate, subject to the provisions of this
|
amendatory Act of 1979, without further referendum.
|
(c) Compliance with this amendatory Act of 1987 shall not |
affect the
validity of any prior referendum or the levy or |
collection of any tax
authorized under this Act. All county |
shelter care homes and detention
homes established and in |
operation on the effective date of this amendatory
Act of 1987 |
may continue to operate, subject to the provisions of this
|
amendatory Act of 1987, without further referendum.
|
(Source: P.A. 85-637.)
|
|
Section 15. The School Code is amended by changing Sections |
2-3.13a, 13-40, 13-41, 13-42, 13-43.8, 13-43.11, 13-43.18, |
13-43.19, 13-43.20, 13-44, 13-44.3, 13-44.5, 13-45, 13B-20.15, |
13B-35.5, and 13B-35.10 and the heading preceding Section 13-40 |
as follows:
|
(105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)
|
Sec. 2-3.13a. School records; transferring students.
|
(a) The State
Board of Education shall establish and |
implement rules requiring all of the
public schools and all |
private or nonpublic elementary and secondary
schools located |
in this State, whenever any such school has a student who
is |
transferring to any other public elementary or secondary school |
located in
this or in any other state, to forward within 10 |
days of notice of the
student's transfer an unofficial record |
of that student's grades to the school
to which such student is |
transferring. Each public school at the same time
also shall |
forward to the school to which the student is transferring the
|
remainder of the student's school student records as required |
by the Illinois
School Student Records Act.
In addition, if a |
student is transferring from a public school, whether
located |
in this or any other state, from which the
student has been |
suspended or expelled for knowingly possessing in a school
|
building or on school grounds a weapon as defined in the Gun |
Free Schools Act
(20 U.S.C. 8921 et seq.), for knowingly |
possessing, selling, or delivering in
a school building or on |
school grounds a controlled substance or cannabis, or
for |
battering a staff member of the school, and
if the period of |
suspension or expulsion has not expired at the time the
student |
attempts to transfer into another public school in the same or |
any
other school district: (i) any school student records |
required to be
transferred shall include the date and duration |
of the period of suspension or
expulsion; and (ii) with the |
exception of transfers into the Department of
Juvenile Justice
|
Corrections school district, the student shall not be permitted |
|
to attend
class in the
public school into which he or she is |
transferring until the student has served
the entire period of |
the suspension or expulsion imposed by the school from
which |
the student is transferring, provided that the school board may |
approve
the placement of the student in an alternative school |
program established under
Article 13A of this Code.
A school |
district may adopt a policy providing that if a student is
|
suspended or expelled for any reason from any public or private |
school in
this or any other state, the student must complete |
the entire term of the
suspension or expulsion before being |
admitted into the school district.
This policy may allow |
placement of the student in an alternative school
program |
established under Article 13A of this Code, if available, for |
the
remainder of
the suspension or expulsion.
Each public |
school
and each private or nonpublic elementary or secondary |
school in this State
shall within 10 days after the student has |
paid all of his or her
outstanding fines and fees and at its |
own expense forward an official
transcript of the scholastic |
records of each student transferring from that
school in strict |
accordance with the provisions of this Section and the rules
|
established by the State Board of Education as herein provided.
|
(b) The State Board of Education shall develop a one-page |
standard form that
Illinois school districts are required to |
provide to any student who is
moving out of
the school district |
and that
contains the information about whether or not the
|
student is "in good standing" and whether or not his or her |
medical records are
up-to-date and complete. As used in this |
Section, "in good standing" means
that the student is not being |
disciplined by a suspension or expulsion, but is
entitled to |
attend classes. No school district is required to admit a new
|
student who is transferring from another Illinois school |
district unless he
or she can produce the standard form from |
the student's
previous school district enrollment.
No school |
district is required to admit a new student who is transferring
|
from an out-of-state public school unless the parent or |
guardian of the
student certifies in writing that the student |
|
is not currently serving a
suspension or expulsion imposed by |
the school from which the student is
transferring.
|
(c) The State Board of Education shall, by rule, establish |
a system to provide for the accurate tracking of transfer |
students. This system shall, at a minimum, require that a |
student be counted as a dropout in the calculation of a |
school's or school district's annual student dropout rate |
unless the school or school district to which the student |
transferred (known hereafter in this subsection (c) as the |
transferee school or school district) sends notification to the |
school or school district from which the student transferred |
(known hereafter in this subsection (c) as the transferor |
school or school district) documenting that the student has |
enrolled in the transferee school or school district. This |
notification must occur within 150 days after the date the |
student withdraws from the transferor school or school district |
or the student shall be counted in the calculation of the |
transferor school's or school district's annual student |
dropout rate. A request by the transferee school or school |
district to the transferor school or school district seeking |
the student's academic transcripts or medical records shall be |
considered without limitation adequate documentation of |
enrollment. Each transferor school or school district shall |
keep documentation of such transfer students for the minimum |
period provided in the Illinois School Student Records Act. All |
records indicating the school or school district to which a |
student transferred are subject to the Illinois School Student |
Records Act.
|
(Source: P.A. 92-64, eff. 7-12-01; 93-859, eff. 1-1-05.)
|
(105 ILCS 5/prec. Sec. 13-40 heading) |
DEPARTMENT OF JUVENILE JUSTICE
CORRECTIONS SCHOOL DISTRICT
|
DISTRICTS
|
(105 ILCS 5/13-40) (from Ch. 122, par. 13-40)
|
Sec. 13-40. To increase the effectiveness of the Department |
|
of
Juvenile Justice
Corrections and
thereby to better serve the |
interests of the people of Illinois the
following bill is |
presented.
|
Its purpose is to enhance the quality and scope of |
education for
inmates and wards within the Department of
|
Juvenile Justice
Corrections so that they will
be better |
motivated and better equipped to restore themselves to
|
constructive and law abiding lives in the community. The |
specific
measure sought is the creation of a school district |
within the
Department so that its educational programs can meet |
the needs of
persons committed and so the resources of public |
education at the state
and federal levels are best used, all of |
the same being contemplated
within the provisions of the |
Illinois State Constitution of 1970 which
provides that "A |
fundamental goal of the People of the State is the
educational |
development of all persons to the limits of their
capacities." |
Therefore, on July 1, 2006
July 1, 1972, the
a Department of
|
Corrections
school district shall be transferred to the |
Department of Juvenile Justice. It shall be responsible
is |
established for the education of youth
inmates and wards
within |
the Department of
Juvenile Justice and inmates age 21 or under |
within the Department of Corrections who have not yet earned a |
high school diploma or a General Educational Development (GED) |
certificate
Corrections and the said district may establish
|
primary, secondary, vocational, adult, special and advanced |
educational
schools as provided in this Act. The Department of |
Corrections retains authority as provided for in subsection (d) |
of Section 3-6-2 of the Unified Code of Corrections. The
Board |
of Education for this district shall with the aid and advice of
|
professional educational personnel of the Department of
|
Juvenile Justice
Corrections and
the State Board of Education |
determine the
needs and type of schools and the curriculum for |
each school within the
school district and may proceed to |
establish the same through existing
means within present and |
future appropriations, federal and state school
funds, |
vocational rehabilitation grants and funds and all other funds,
|
|
gifts and grants, private or public, including federal funds, |
but not
exclusive to the said sources but inclusive of all |
funds which might be
available for school purposes. The school |
district shall first organize
a school system for the Adult |
Division of the Department of Corrections
to go into effect |
July 1, 1972. A school system for the
Juvenile
Division shall |
subsequently be organized and put into effect under this
school |
district at such time as the school board shall determine
|
necessary.
|
(Source: P.A. 81-1508.)
|
(105 ILCS 5/13-41) (from Ch. 122, par. 13-41)
|
Sec. 13-41. The Board of Education for this school district |
shall be composed of
the Director of the Department of Juvenile |
Justice
Corrections, the Assistant Director of
the Juvenile
|
Division and the Assistant Director of the Adult Division
of
|
said Department. Of the remaining members, 2 members
shall be |
appointed by
the Director of the Department of Juvenile Justice
|
Corrections and 4 members
shall be appointed
by the State Board |
of Education,
at least one of whom shall
have knowledge of, or |
experience in, vocational education and one of
whom shall have |
knowledge of, or experience in, higher and continuing
|
education. All
Subsequent to the initial appointments all |
members of the
Board shall hold office for a period of 3 years, |
except that members shall continue to serve until their |
replacements are appointed. One of the initial
appointees of |
the Director of the Department of Corrections and the
State |
Board of Education shall
be for a one-year term. One
of the |
initial appointees of the State Board of Education
shall be for |
a two-year term. The remaining initial appointees shall
serve |
for a three-year term. Vacancies shall be filled in like manner
|
for the unexpired balance of the term. The members appointed |
shall be
selected so far as is practicable on the basis of |
their knowledge of, or
experience in, problems of education in |
correctional, vocational and
general educational institutions. |
Members shall serve without
compensation, but shall be |
|
reimbursed for reasonable expenses incurred
in the performance |
of their duties.
|
(Source: P.A. 81-1508.)
|
(105 ILCS 5/13-42) (from Ch. 122, par. 13-42)
|
Sec. 13-42. The President of the Board of Education shall |
be the Director of the
Department of Juvenile Justice shall be |
the President of the Board of Education
Corrections and the |
Secretary of said Board of Education
shall be designated at the |
first regular meeting of said Board of
Education. The Board |
shall hold regular meetings upon the call of the
Chairman or |
any 3 members at such times as they may designate so long as
|
they meet at least 6 times a year. Public notice of meetings |
must be
given as prescribed in Sections 2.02 and 2.03 of "An |
Act in relation to
meetings", approved July 11, 1957, as |
heretofore or hereafter amended.
No official business shall be |
transacted by the Board except at a
regular or special meeting. |
A majority of said Board shall constitute a
quorum.
|
The Board shall keep a record of the official acts of the |
Board and
shall make reports as required by the State Board of |
Education and any
reports required which shall be applicable to |
this
type of school district and specifically shall maintain |
records to
substantiate all district claims for State aid in |
accordance with
regulations prescribed by the State Board of |
Education and to retain
such records for a period of three |
years.
|
The Board of Education may have its organizational meeting |
at any
time after July 1, 1972, then fixing a time and place |
for regular
meetings. It shall then enter upon the discharge of |
its duties. However,
for the purpose of planning, and |
organizing said District, the
Department of Corrections shall |
have authority to act after passage and
approval of this Act.
|
The Board shall be supplied such clerical employee or |
employees as
are necessary for the efficient operation by the |
Department of
Juvenile Justice
Corrections.
|
(Source: P.A. 81-1508.)
|
|
(105 ILCS 5/13-43.8) (from Ch. 122, par. 13-43.8)
|
Sec. 13-43.8. To enter agreements with school districts, |
private junior colleges and
public community
colleges, and |
public
and private colleges and universities for the purpose of |
providing advanced
vocational training of students who desire |
preparation for a trade. Such
program would utilize private |
junior college and public community
college facilities
with |
transportation to and
from those facilities provided by the |
participating school district, or by
the participating school |
district in conjunction with other school
districts. The |
duration of the advanced vocational training program shall
be |
such period as the school district may approve, but it may not |
exceed 2
years. Participation in the program is accorded the |
same credit toward a
high school diploma as time spent in other |
courses. If a student of this
school district, because of his |
educational needs, attends a class or
school in another school |
district or educational facility, the Department of Juvenile |
Justice School District
Corrections
school district where he |
resides shall be granted the proper permit,
provide any |
necessary transportation, and pay to the school district or
|
educational facility maintaining the educational facility the |
proportional
per capita cost of educating such student.
|
(Source: P.A. 82-622.)
|
(105 ILCS 5/13-43.11) (from Ch. 122, par. 13-43.11)
|
Sec. 13-43.11.
|
Subject to the rules and regulations of the Department of |
Juvenile Justice
Corrections
and the laws and statutes |
applicable, the Board shall have the power and
the authority to |
assign to schools within the district and to expel or
suspend |
pupils for disciplinary purposes or to assign or reassign them |
as
the needs of the district or the pupil shall be determined |
best. Once a
student commences a course of training he shall |
attend all sessions unless
restricted by illness, a reasonable |
excuse or by direction of the
Department of Juvenile Justice
|
|
Corrections or the facility at which he is located.
Conferences |
shall be held at regular periodic intervals with the ward or
|
the inmate and the school district authorities and facility |
officials shall
determine the extent the ward or inmate is |
benefiting from the particular
program, and shall further |
determine whether the said ward or inmate shall
continue in the |
program to which he is assigned or be dropped from the same
or |
be transferred to another program more suited to his needs or |
the school
district's needs.
|
(Source: P.A. 77-1779.)
|
(105 ILCS 5/13-43.18) (from Ch. 122, par. 13-43.18)
|
Sec. 13-43.18. To develop through consultation with the |
staff of the Department of
Juvenile Justice
Corrections and the |
staff of the State Board of Education educational
goals and |
objectives for the correctional
education programs planned for |
or conducted by the district, along with
the methods for |
evaluating the extent to which the goals and objectives
are or |
have been achieved and to develop by July 1, 1973, a complete
|
financial control system for all educational funds and programs |
operated
by the school district.
|
(Source: P.A. 81-1508.)
|
(105 ILCS 5/13-43.19) (from Ch. 122, par. 13-43.19)
|
Sec. 13-43.19.
|
To develop and annually revise an educational plan for |
achieving the
goals and objectives called for in Section
Sec. |
13-43.18 for both the Adult and
Juvenile Divisions of the |
Department of Juvenile Justice
Corrections with specific
|
recommendations for inmate educational assessment, curriculum, |
staffing and
other necessary considerations.
|
(Source: P.A. 77-1779.)
|
(105 ILCS 5/13-43.20) (from Ch. 122, par. 13-43.20)
|
Sec. 13-43.20. To develop a method or methods for |
allocating state funds to the
Board for expenditure within the |
|
various divisions and/or for programs
conducted by the Board, |
and to annually determine the average per capita
cost of |
students in the Department of Juvenile Justice
Juvenile |
Division and the average per capita
cost of students in the |
Department of Corrections
Adult Division for education classes |
and/or
programs required to accomplish the educational goals |
and objectives and
programs specified in Sections 13-43.18 and |
13-43.19
and recommend to
the State Board of Education
by July |
15 of each year the per
capita amount necessary to operate the |
Department of Juvenile Justice School District's
correction |
school district's
educational program for the following fiscal |
year.
|
(Source: P.A. 81-1508.)
|
(105 ILCS 5/13-44) (from Ch. 122, par. 13-44)
|
Sec. 13-44.
|
Other provisions, duties and conditions of the Department |
of Juvenile Justice
Corrections
School District are set out in |
Sections 13-44.1 through 13-44.5.
|
(Source: P.A. 77-1779.)
|
(105 ILCS 5/13-44.3) (from Ch. 122, par. 13-44.3)
|
Sec. 13-44.3. In order to fully carry out the purpose of |
this Act, the
School District through its Board or designated |
supervisory personnel,
with the approval of the Director of the |
Department of Juvenile Justice
Corrections, may
authorize |
field trips outside of the particular institution or facility
|
where a school is established and may remove students therefrom |
or may with the
approval of the Director of the Department of |
Juvenile Justice
Corrections transfer inmates
and wards to |
other schools and other facilities where particular subject
|
matter or facilities are more suited to or are needed to |
complete the
inmates' or wards' education. The Assistant
|
Director of the Adult
Division of the Department of Juvenile |
Justice
Corrections or the Assistant Director of the
Juvenile
|
Division may authorize an educational furlough for an inmate or
|
|
ward to attend institutions of higher education, other schools, |
vocational
or technical schools or enroll and attend classes in |
subjects not available
within the School District, to be |
financed by the inmate or ward or any
grant or scholarship |
which may be available,
including school aid funds of any kind |
when approved by the Board and the
Director of the Department.
|
The Department of Juvenile Justice
Corrections may extend |
the limits of the place of
confinement of an inmate or ward |
under the above
conditions and for the above purposes, to leave |
for the aforesaid reasons,
the confines of such place, |
accompanied or unaccompanied, in the discretion
of the Director |
of such Department by a custodial agent or educational
|
personnel.
|
The willful failure of an inmate or ward to remain within |
the extended
limits of his or her confinement or to return |
within the time prescribed to the
place of confinement |
designated by the Department of Corrections or the Department |
of Juvenile Justice in
granting such extension or when ordered |
to return by the custodial personnel or
the educational |
personnel or other departmental order shall be deemed an
escape |
from the custody of such Department and punishable as provided |
in
the Unified Code of Corrections as to the Department of |
Corrections
Adult
Division inmates, and the applicable |
provision of the Juvenile Court Act
of 1987 shall apply to |
wards of the
Department of Juvenile Justice
Division who might |
abscond.
|
(Source: P.A. 85-1209; 86-1475.)
|
(105 ILCS 5/13-44.5) (from Ch. 122, par. 13-44.5)
|
Sec. 13-44.5.
|
In all cases where an inmate or ward is to leave the |
institution or
facility where he or she is confined for |
educational furloughs, vocational
training, for field trips or |
for any other reason herein stated, authority
must first be |
granted by the Department of Juvenile Justice
Corrections and |
the said
authority shall be discretionary with the Department |
|
of Juvenile Justice
Corrections. The
question of whether or not |
the said inmate or ward or group of inmates or
wards shall be |
accompanied or not accompanied by security personnel,
|
custodial agent or agents or only educational personnel shall |
be in the
discretion of the Department of Juvenile Justice
|
Corrections. All transfers must be approved
by the Department |
of Juvenile Justice
Corrections.
|
(Source: P.A. 77-1779.)
|
(105 ILCS 5/13-45) (from Ch. 122, par. 13-45)
|
Sec. 13-45.
|
Other provisions of this Code shall not apply to the |
Department of Juvenile Justice
Corrections School District |
being all of the following Articles and
Sections: Articles 7, |
8, 9, those sections of Article 10 in conflict with
any |
provisions of Sections 13-40 through 13-45, and Articles 11, |
12, 15,
17, 18, 19, 19A, 20, 22, 24, 26, 31, 32, 33, 34, 35. |
Also Article 28 shall
not apply except that this School |
District may use any funds available from
State, Federal and |
other funds for the purchase of textbooks, apparatus and
|
equipment.
|
(Source: P.A. 77-1779.)
|
(105 ILCS 5/13B-20.15)
|
Sec. 13B-20.15. Other eligible providers of alternative |
learning
opportunities. School districts
may contract with |
health, mental health, or human service organizations,
|
workforce development
boards or agencies, juvenile court |
services, juvenile justice agencies,
juvenile detention |
programs,
programs operated by the Department of Juvenile |
Justice
Corrections, or other appropriate
agencies or |
organizations
to serve students whose needs are not being met |
in the regular school program
by providing
alternative learning |
opportunities.
|
(Source: P.A. 92-42, eff. 1-1-02.)
|
|
(105 ILCS 5/13B-35.5)
|
Sec. 13B-35.5. Local governance; cooperative agreements. |
For an
alternative learning
opportunities program operated |
jointly or offered under contract, the local
governance of the |
program
shall be established by each local school board through |
a cooperative or
intergovernmental agreement with other school |
districts.
Cooperative agreements may be established among |
regional offices of education,
public community
colleges, |
community-based organizations, health and human service |
agencies,
youth service
agencies, juvenile court services, the |
Department of Juvenile Justice
Corrections, and other
|
non-profit or for-profit
education or support service |
providers as appropriate. Nothing contained in
this Section |
shall prevent a
school district, regional office of education, |
or intermediate service center
from forming a cooperative
for |
the purpose of delivering an alternative learning |
opportunities program.
|
(Source: P.A. 92-42, eff. 1-1-02.)
|
(105 ILCS 5/13B-35.10)
|
Sec. 13B-35.10. Committee of Cooperative Services. The |
State
Superintendent of Education
shall convene a State-level |
Committee of Cooperative Services. The Committee
shall include
|
representatives of the following agencies and organizations, |
selected by their
respective heads: the
Office of the Governor, |
the State Board of Education, the Illinois Association
of |
Regional
Superintendents of Schools, the Chicago Public |
Schools, the Intermediate
Service Centers, the State
Teacher |
Certification Board, the Illinois Community College Board, the
|
Department of Human
Services, the Department of Children and |
Family Services, the Illinois
Principals Association, the |
Illinois
Education Association, the
Illinois Federation of |
Teachers, the Illinois Juvenile Justice Commission, the
Office |
of the Attorney
General, the Illinois Association of School |
Administrators, the Administrative
Office of the Illinois
|
Courts, the Department of Juvenile Justice
Corrections, |
|
special education advocacy
organizations, and
non-profit and
|
community-based organizations, as well as
parent |
representatives and child advocates designated by the State
|
Superintendent of
Education.
|
(Source: P.A. 92-42, eff. 1-1-02.)
|
Section 16. The Child Care Act of 1969 is amended by |
changing Section 2.22 as follows:
|
(225 ILCS 10/2.22)
|
Sec. 2.22. "Secure child care facility" means any child |
care facility
licensed by the Department to provide secure |
living arrangements for children
under 18 years of age who are |
subject to placement in facilities under the
Children and |
Family Services Act and who are not subject to placement in
|
facilities for whom standards are established by the Department |
of Juvenile Justice
Corrections
under Section 3-15-2 of the |
Unified Code of Corrections and which comply with
the |
requirements of this Act and applicable rules of the Department |
and which
shall be consistent with requirements established for |
child residents of mental
health facilities under the Juvenile |
Court Act of 1987 and the Mental Health
and Developmental |
Disabilities Code.
"Secure child care facility" also means a
|
facility that is designed and operated to ensure that all |
entrances and exists
from the facility, a building, or a |
distinct part of the building are under the
exclusive control |
of the staff of the facility, whether or not the child has
the |
freedom of movement within the perimeter of the facility, |
building, or
distinct part of the building.
|
(Source: P.A. 90-608, eff. 6-30-98.)
|
Section 17. The Illinois Public Aid Code is amended by |
changing Section 12-10.4 as follows:
|
(305 ILCS 5/12-10.4)
|
Sec. 12-10.4. Juvenile Rehabilitation Services Medicaid |
|
Matching Fund.
There is created in the State Treasury the |
Juvenile Rehabilitation Services
Medicaid Matching Fund. |
Deposits to this Fund shall consist of all moneys
received from |
the federal government for behavioral health services secured |
by
counties under the Medicaid Rehabilitation Option pursuant |
to Title XIX of the
Social Security Act or under the Children's |
Health Insurance Program pursuant
to the Children's Health |
Insurance Program Act and Title XXI of the Social
Security Act |
for minors who are committed to mental health facilities by the
|
Illinois court system and for residential placements secured by |
the
Department of Juvenile Justice
Corrections for minors as a |
condition of their parole.
|
Disbursements from the Fund shall be made, subject to |
appropriation, by the
Illinois Department of Public Aid for |
grants to the Department of Juvenile Justice
Corrections
and |
those counties which secure behavioral health services ordered |
by the
courts and which have an interagency agreement with the |
Department and submit
detailed bills according to standards |
determined by the Department.
|
(Source: P.A. 90-587, eff. 7-1-98; 91-266, eff. 7-23-99; |
91-712, eff. 7-1-00.)
|
Section 18. The Children's Mental Health Act of 2003 is |
amended by changing Section 5 as follows:
|
(405 ILCS 49/5)
|
Sec. 5. Children's Mental Health Plan.
|
(a) The State of Illinois shall develop a Children's Mental |
Health Plan
containing short-term and long-term |
recommendations to provide
comprehensive, coordinated mental
|
health prevention, early intervention, and treatment services |
for children from
birth through age 18. This Plan
shall include |
but not be limited to:
|
(1) Coordinated provider services and interagency |
referral networks for
children from birth through age 18 to |
maximize resources and
minimize duplication of services.
|
|
(2) Guidelines for incorporating social and emotional |
development into
school learning standards and educational |
programs, pursuant to
Section 15 of this Act.
|
(3) Protocols for implementing screening and |
assessment of children prior
to any admission to an |
inpatient hospital for psychiatric services,
pursuant to |
subsection (a) of Section 5-5.23 of the Illinois Public Aid
|
Code.
|
(4) Recommendations regarding a State budget for |
children's mental
health prevention, early intervention, |
and treatment across all State
agencies.
|
(5) Recommendations for State and local mechanisms for |
integrating
federal, State, and local
funding sources for |
children's mental health.
|
(6) Recommendations for building a qualified and |
adequately trained
workforce prepared to provide mental |
health services for children
from birth through age 18 and |
their families.
|
(7) Recommendations for facilitating research on best |
practices and
model programs, and dissemination of this |
information to Illinois
policymakers, practitioners, and |
the general public through training,
technical assistance, |
and educational materials.
|
(8) Recommendations for a comprehensive, multi-faceted |
public
awareness campaign to reduce the stigma of mental |
illness and
educate families, the general public, and other |
key audiences about the
benefits of children's social and |
emotional development, and how to
access services.
|
(9) Recommendations for creating a quality-driven |
children's mental
health system with shared accountability |
among key State agencies
and programs that conducts ongoing |
needs assessments, uses outcome
indicators and benchmarks |
to measure progress, and implements
quality data tracking |
and reporting systems.
|
(b) The Children's Mental Health Partnership (hereafter |
referred to as "the
Partnership") is created. The Partnership |
|
shall have the responsibility of
developing and monitoring the |
implementation of the Children's Mental
Health Plan as approved |
by the Governor. The Children's Mental Health
Partnership shall |
be comprised of: the Secretary of Human Services or his or
her |
designee; the State Superintendent of Education or his or her
|
designee; the directors of the departments of Children and |
Family
Services, Public Aid, Public Health, and Juvenile |
Justice
Corrections, or their
designees;
the head of the |
Illinois Violence Prevention Authority, or his or her
designee; |
the Attorney General or his or her designee; up to 25
|
representatives of community mental health authorities and |
statewide mental
health, children and family advocacy,
early |
childhood, education, health, substance abuse, violence |
prevention,
and juvenile justice organizations or |
associations, to be appointed by the
Governor; and 2 members of |
each caucus of the House of
Representatives and Senate |
appointed by the Speaker of the House of
Representatives and |
the President of the Senate, respectively. The
Governor shall |
appoint the Partnership Chair and shall designate a
Governor's |
staff liaison to work with the Partnership.
|
(c) The Partnership shall submit a Preliminary Plan to the |
Governor on
September 30, 2004 and shall submit the Final Plan |
on June 30, 2005.
Thereafter, on September 30 of each year, the |
Partnership shall submit an
annual report to the Governor on |
the progress of Plan implementation
and recommendations for |
revisions in the Plan.
The Final Plan and annual reports |
submitted in subsequent years shall include
estimates of |
savings achieved in prior fiscal years under subsection (a) of
|
Section
5-5.23 of the Illinois Public Aid Code and federal |
financial participation
received under subsection (b) of
|
Section 5-5.23 of that Code. The Department of Public Aid shall |
provide
technical assistance in developing these estimates and |
reports.
|
(Source: P.A. 93-495, eff. 8-8-03.)
|
Section 19. The Circuit Courts Act is amended by changing |
|
Section 2b as follows:
|
(705 ILCS 35/2b) (from Ch. 37, par. 72.2b)
|
Sec. 2b.
|
In addition to the number of circuit judges authorized |
under Section 2
or Section 2a, whichever number is greater, one |
additional circuit judge
shall be elected in each circuit, |
other than Cook County, having a
population of 230,000 or more |
inhabitants in which there is included a
county containing a |
population of 200,000 or more inhabitants and in which
circuit |
there is situated one or more State colleges or universities |
and
one or more State Mental Health Institutions and two or |
more State
Institutions for Juvenile Offenders under the |
authority of the Illinois
Department of Juvenile Justice
|
Corrections, each of which institutions has been in existence
|
for more than 20 years on the effective date of this amendatory |
Act of
1970.
|
(Source: P.A. 76-2022.)
|
Section 20. The Juvenile Court Act of 1987 is amended by |
changing Sections 5-130, 5-705, 5-710, 5-750, 5-815, 5-820, |
5-901, 5-905, and 5-915 as follows:
|
(705 ILCS 405/5-130)
|
Sec. 5-130. Excluded jurisdiction.
|
(1) (a) The definition of delinquent minor under Section |
5-120 of this
Article shall not apply to any minor who at the |
time of an offense was at
least 15 years of age and who is |
charged with: (i) first degree murder, (ii) aggravated
criminal |
sexual assault, (iii) aggravated battery with a firearm
where |
the minor personally discharged a firearm as defined in Section |
2-15.5 of the Criminal Code of 1961, (iv) armed robbery when |
the
armed robbery was committed with a firearm, or (v)
|
aggravated vehicular hijacking
when the hijacking was |
committed with a firearm.
|
These charges and all other charges arising out of the same |
|
incident shall
be prosecuted under the criminal laws of this |
State.
|
(b) (i) If before trial or plea an information or |
indictment is filed that
does not charge an offense specified |
in paragraph (a) of this subsection
(1) the State's Attorney |
may proceed on any lesser charge or charges, but
only in |
Juvenile Court under the provisions of this Article. The |
State's
Attorney may proceed under the Criminal Code of 1961 on |
a lesser charge if
before trial the minor defendant knowingly |
and with advice of counsel waives,
in writing, his or her right |
to have the matter proceed in Juvenile Court.
|
(ii) If before trial or plea an information or indictment |
is filed that
includes one or more charges specified in |
paragraph (a) of this subsection
(1) and
additional charges |
that are not specified in that paragraph, all of the charges
|
arising out of the same incident shall be prosecuted under the |
Criminal Code of
1961.
|
(c) (i) If after trial or plea the minor is convicted of |
any offense
covered by paragraph (a) of this subsection (1), |
then, in sentencing the minor,
the court shall have available |
any or all dispositions prescribed for that
offense under |
Chapter V of the Unified Code of Corrections.
|
(ii) If after trial or plea the court finds that the minor |
committed an
offense not covered by paragraph (a) of this |
subsection (1), that finding shall
not invalidate the verdict |
or the prosecution of the minor under the criminal
laws of the |
State; however, unless the State requests a hearing for the
|
purpose of sentencing the minor under Chapter V of the Unified |
Code of
Corrections, the Court must proceed under Sections |
5-705 and 5-710 of this
Article. To request a hearing, the |
State must file a written motion within 10
days following the |
entry of a finding or the return of a verdict. Reasonable
|
notice of the motion shall be given to the minor or his or her |
counsel.
If the motion is made by the State, the court shall |
conduct a hearing to
determine if the minor should be sentenced |
under Chapter V of the Unified Code
of Corrections. In making |
|
its determination, the court shall consider among
other |
matters: (a) whether there is
evidence that the offense was |
committed in an aggressive and premeditated
manner; (b) the age |
of the minor; (c) the previous history of the
minor; (d) |
whether there are facilities particularly available to the |
Juvenile
Court or the Department of Juvenile Justice
|
Corrections, Juvenile Division, for the treatment
and |
rehabilitation of the minor; (e) whether
the security of the |
public requires sentencing under Chapter V of the
Unified Code |
of Corrections; and (f) whether the minor possessed a deadly
|
weapon when committing the offense. The rules of evidence shall |
be the same as
if at trial. If after the hearing the court |
finds that the minor should be
sentenced under Chapter V of the |
Unified Code of Corrections, then the court
shall sentence the |
minor accordingly having available to it any or all
|
dispositions so prescribed.
|
(2) (Blank). or an offense under the Methamphetamine |
Control and Community Protection Act
|
(3) (a) The definition of delinquent minor under Section
|
5-120 of this
Article shall not apply to any minor who at the |
time of the offense was at
least 15 years of age and who is |
charged with a violation of the provisions of
paragraph (1), |
(3), (4), or (10) of subsection (a) of Section 24-1 of the
|
Criminal Code of 1961 while in school, regardless of the time |
of day or the
time of year, or on the real property comprising |
any school, regardless of the
time of day or the time of year. |
School is defined, for purposes of this
Section as any public |
or private elementary or secondary school, community
college, |
college, or university. These charges and all other charges |
arising
out of the same incident shall be prosecuted under the |
criminal laws of this
State.
|
(b) (i) If before trial or plea an information or |
indictment is filed that
does not charge an offense specified |
in paragraph (a) of this subsection (3)
the State's Attorney |
may proceed on any lesser charge or charges, but only in
|
Juvenile Court under the provisions of this Article. The |
|
State's Attorney may
proceed under the criminal laws of this |
State on a lesser charge if before
trial the minor defendant |
knowingly and with advice of counsel waives, in
writing, his or |
her right to have the matter proceed in Juvenile Court.
|
(ii) If before trial or plea an information or indictment |
is filed that
includes one or more charges specified in |
paragraph (a) of this subsection (3)
and additional charges |
that are not specified in that paragraph, all of the
charges |
arising out of the same incident shall be prosecuted under the |
criminal
laws of this State.
|
(c) (i) If after trial or plea the minor is convicted of |
any offense
covered by paragraph (a) of this subsection (3), |
then, in sentencing the minor,
the court shall have available |
any or all dispositions prescribed for that
offense under |
Chapter V of the Unified Code of Corrections.
|
(ii) If after trial or plea the court finds that the minor |
committed an
offense not covered by paragraph (a) of this |
subsection (3), that finding shall
not invalidate the verdict |
or the prosecution of the minor under the criminal
laws of the |
State; however, unless the State requests a hearing for the
|
purpose of sentencing the minor under Chapter V of the Unified |
Code of
Corrections, the Court must proceed under Sections |
5-705 and 5-710 of this
Article. To request a hearing, the |
State must file a written motion within 10
days following the |
entry of a finding or the return of a verdict. Reasonable
|
notice of the motion shall be given to the minor or his or her |
counsel. If the
motion is made by the State, the court shall |
conduct a hearing to determine if
the minor should be sentenced |
under Chapter V of the Unified Code of
Corrections. In making |
its determination, the court shall consider
among other |
matters: (a) whether there is
evidence that the offense was |
committed in an aggressive and premeditated
manner; (b) the age |
of the minor; (c) the previous history of the
minor; (d) |
whether there are facilities particularly available to the |
Juvenile
Court or the Department of Juvenile Justice
|
Corrections, Juvenile Division, for the treatment
and |
|
rehabilitation of the minor; (e) whether
the security of the |
public requires sentencing under Chapter V of the
Unified Code |
of Corrections; and (f) whether the minor possessed a deadly
|
weapon when committing the offense. The rules of evidence shall |
be the same as
if at trial. If after the hearing the court |
finds that the minor should be
sentenced under Chapter V of the |
Unified Code of Corrections, then the court
shall sentence the |
minor accordingly having available to it any or all
|
dispositions so prescribed.
|
(4) (a) The definition of delinquent minor under Section |
5-120 of this
Article
shall not apply to any minor who at the |
time of an offense was at least 13
years of age and who is |
charged with first degree murder committed during the
course of |
either aggravated criminal sexual assault, criminal sexual |
assault,
or aggravated kidnaping. However, this subsection (4) |
does not include a minor
charged with first degree murder based |
exclusively upon the accountability
provisions of the Criminal |
Code of 1961.
|
(b) (i) If before trial or plea an information or |
indictment is filed that
does not charge first degree murder |
committed during the course of aggravated
criminal sexual |
assault, criminal
sexual assault, or aggravated kidnaping, the |
State's Attorney may proceed on
any lesser charge or charges, |
but only in Juvenile Court under the provisions
of this |
Article. The State's Attorney may proceed under the criminal |
laws of
this State
on a lesser charge if before trial the minor |
defendant knowingly and with
advice of counsel waives, in |
writing, his or her right to have the matter
proceed in |
Juvenile Court.
|
(ii) If before trial or plea an information or
indictment |
is filed that includes first degree murder committed during the
|
course of aggravated criminal sexual assault, criminal sexual |
assault, or
aggravated kidnaping, and additional charges that |
are not specified in
paragraph (a) of this subsection, all of |
the charges arising out of the same
incident shall be |
prosecuted under the criminal laws of this State.
|
|
(c) (i) If after trial or plea the minor is convicted of |
first degree
murder
committed during the course of aggravated |
criminal sexual assault, criminal
sexual assault, or |
aggravated kidnaping, in sentencing the minor, the court
shall |
have available any or all dispositions prescribed for that |
offense under
Chapter V of the Unified Code of Corrections.
|
(ii) If the minor was not yet 15
years of age at the time of |
the offense, and if after trial or plea the court
finds that |
the minor
committed an offense other than first degree murder |
committed during
the course of either aggravated criminal |
sexual assault, criminal sexual
assault, or aggravated |
kidnapping, the finding shall not invalidate the
verdict or the |
prosecution of the minor under the criminal laws of the State;
|
however, unless the State requests a hearing for the purpose of |
sentencing the
minor under
Chapter V of the Unified Code of |
Corrections, the Court must proceed under
Sections 5-705 and |
5-710 of this Article. To request a hearing, the State must
|
file a written motion within 10 days following the entry of a |
finding or the
return of a verdict. Reasonable notice of the |
motion shall be given to the
minor or his or her counsel. If |
the motion is made by the State, the court
shall conduct a |
hearing to determine whether the minor should be sentenced
|
under Chapter V of the
Unified Code of Corrections. In making |
its determination, the court shall
consider among other |
matters: (a) whether there is evidence that the offense
was |
committed in an
aggressive and premeditated manner; (b) the age |
of the minor; (c) the
previous delinquent history of the minor; |
(d) whether there are facilities
particularly available to the |
Juvenile Court or the Department of Juvenile Justice
|
Corrections,
Juvenile Division,
for the treatment and |
rehabilitation of the minor; (e) whether the best
interest of |
the minor and the security of the public require sentencing |
under
Chapter V of the Unified Code of Corrections; and (f) |
whether the minor
possessed a deadly weapon when committing the |
offense. The rules of evidence
shall be the same as if at |
trial. If after the hearing the court finds that
the minor |
|
should be sentenced under Chapter V of the Unified Code of
|
Corrections, then the court shall sentence the minor |
accordingly having
available to it any or all dispositions so |
prescribed.
|
(5) (a) The definition of delinquent minor under Section |
5-120 of this
Article
shall not apply to any minor who is |
charged with a violation of subsection (a)
of Section 31-6 or |
Section 32-10 of the Criminal Code of 1961 when the minor is
|
subject to prosecution under the criminal laws of this State as |
a result of the
application of the provisions of Section 5-125, |
or subsection (1) or (2) of
this Section. These charges and all |
other charges arising out of the same
incident shall be |
prosecuted under the criminal laws of this State.
|
(b) (i) If before trial or plea an information or |
indictment is filed that
does not charge an offense specified |
in paragraph (a) of this subsection (5),
the State's Attorney |
may proceed on any lesser charge or charges, but only in
|
Juvenile Court under the provisions of this Article. The |
State's Attorney may
proceed under the criminal laws of this |
State on a lesser charge if before
trial the minor defendant |
knowingly and with advice of counsel waives, in
writing, his or |
her right to have the matter proceed in Juvenile Court.
|
(ii) If before trial
or plea an information or indictment |
is filed that includes one or more charges
specified in |
paragraph (a) of this subsection (5) and additional charges |
that
are not specified in that paragraph, all of
the charges |
arising out of the same incident shall be prosecuted under the
|
criminal laws of this State.
|
(c) (i) If after trial or plea the minor is convicted of |
any offense
covered
by paragraph (a) of this subsection (5), |
then, in sentencing the minor, the
court shall have available |
any or all dispositions prescribed for that offense
under |
Chapter V of the Unified Code of Corrections.
|
(ii) If after trial or
plea the court finds that the minor |
committed an offense not covered by
paragraph (a) of
this |
subsection (5), the conviction shall not invalidate the verdict |
|
or the
prosecution of the minor under the criminal laws of this |
State; however,
unless the State requests a hearing for the
|
purpose of sentencing the minor under Chapter V of the Unified |
Code of
Corrections, the Court must proceed under Sections |
5-705 and 5-710 of this
Article.
To request a hearing, the |
State must file a written motion within 10 days
following the |
entry of a finding or the return of a verdict. Reasonable |
notice
of the motion shall be given to the minor or his or her |
counsel. If the motion
is made by the State, the court shall |
conduct a hearing to determine if whether
the minor should be |
sentenced under Chapter V of the Unified Code of
Corrections. |
In making its determination, the court shall consider among |
other
matters: (a) whether there is evidence that the offense |
was committed in an
aggressive and premeditated manner; (b) the |
age of the minor; (c) the previous
delinquent history of the |
minor; (d) whether there are facilities particularly
available |
to the Juvenile Court or the Department of Juvenile Justice
|
Corrections, Juvenile
Division, for the treatment and |
rehabilitation of the minor; (e) whether
the security of the |
public requires sentencing under Chapter V of the Unified
Code |
of Corrections; and (f) whether the minor possessed a deadly |
weapon when
committing the offense. The rules of evidence shall |
be the same as if at
trial. If after the hearing the court |
finds that the minor should be sentenced
under Chapter V of the |
Unified Code of Corrections, then the court shall
sentence the |
minor accordingly having available to it any or all |
dispositions
so prescribed.
|
(6) The definition of delinquent minor under Section 5-120 |
of this Article
shall not apply to any minor who, pursuant to |
subsection (1), or (3) or
Section 5-805, or 5-810, has |
previously been placed under the jurisdiction of
the criminal |
court and has been convicted of a crime under an adult criminal |
or
penal statute. Such a minor shall be subject to prosecution |
under the criminal
laws of this State.
|
(7) The procedures set out in this Article for the |
investigation, arrest and
prosecution of juvenile offenders |
|
shall not apply to minors who are excluded
from jurisdiction of |
the Juvenile Court, except that minors under 17 years of
age |
shall be kept separate from confined adults.
|
(8) Nothing in this Act prohibits or limits the prosecution |
of any
minor for an offense committed on or after his or her |
17th birthday even though
he or she is at the time of the |
offense a ward of the court.
|
(9) If an original petition for adjudication of wardship |
alleges the
commission by a minor 13 years of age or
over of an |
act that constitutes a crime under the laws of this State,
the |
minor, with the consent of his or her counsel, may, at any time |
before
commencement of the adjudicatory hearing, file with the |
court a motion
that criminal prosecution be ordered and that |
the petition be dismissed
insofar as the act or acts involved |
in the criminal proceedings are
concerned. If such a motion is |
filed as herein provided, the court shall
enter its order |
accordingly.
|
(10) If, prior to August 12, 2005 (the effective date of |
Public Act 94-574)
this amendatory Act of the 94th General |
Assembly, a minor is charged with a violation of Section 401 of |
the Illinois Controlled Substances Act under the criminal laws |
of this State, other than a minor charged with a Class X felony |
violation of the
Illinois Controlled
Substances Act or the |
Methamphetamine Control and Community Protection Act, any |
party including the minor or the court sua sponte
may, before |
trial,
move for a hearing for the purpose of trying and |
sentencing the minor as
a delinquent minor. To request a |
hearing, the party must file a motion
prior to trial. |
Reasonable notice of the motion shall be given to all
parties. |
On its own motion or upon the filing of a motion by one of the
|
parties including the minor, the court shall conduct a hearing |
to
determine whether the minor should be tried and sentenced as |
a
delinquent minor under this Article. In making its |
determination, the
court shall consider among other matters:
|
(a) The age of the minor;
|
(b) Any previous delinquent or criminal history of the |
|
minor;
|
(c) Any previous abuse or neglect history of the minor;
|
(d) Any mental health or educational history of the minor, |
or both; and
|
(e) Whether there is probable cause to support the charge, |
whether
the minor is charged through accountability, and |
whether there is
evidence the minor possessed a deadly weapon |
or caused serious
bodily harm during the offense.
|
Any material that is relevant and reliable shall be |
admissible at the
hearing. In
all cases, the judge shall enter |
an order permitting prosecution
under the criminal laws of |
Illinois unless the judge makes a finding
based on a |
preponderance of the evidence that the minor would be
amenable |
to the care, treatment, and training programs available
through |
the facilities of the juvenile court based on an evaluation of
|
the factors listed in this subsection (10).
|
(Source: P.A. 94-556, eff. 9-11-05; 94-574, eff. 8-12-05; |
revised 8-19-05.)
|
(705 ILCS 405/5-705)
|
Sec. 5-705. Sentencing hearing; evidence; continuance.
|
(1) At the sentencing hearing, the court shall determine |
whether it is in
the best interests of the minor or the public |
that he or she be made a ward of
the
court, and, if he or she is |
to be made a ward of the court, the court shall
determine
the |
proper disposition best serving the interests of the minor and |
the public.
All evidence helpful in determining these |
questions,
including oral and written reports, may be admitted |
and may be relied upon to
the extent of its probative value, |
even though not competent for the purposes
of the trial. A |
record of a prior continuance under supervision
under Section |
5-615, whether successfully completed or not, is admissible at
|
the
sentencing hearing. No order of commitment to the |
Department of Juvenile Justice
Corrections,
Juvenile Division, |
shall be entered against a minor before a written report of
|
social investigation, which has been completed within the |
|
previous 60 days, is
presented to and considered by the court.
|
(2) Once a party has been served in compliance with Section |
5-525, no
further service or notice must be given to that party |
prior to proceeding to a
sentencing hearing. Before
imposing |
sentence the court shall advise the State's Attorney and
the |
parties who are present or their counsel of the factual |
contents and the
conclusions of the reports prepared for the |
use of the court and considered by
it, and afford fair |
opportunity, if requested, to controvert them. Factual
|
contents, conclusions, documents and sources disclosed by the |
court under this
paragraph shall not be further disclosed |
without the express approval of the
court.
|
(3) On its own motion or that of the State's Attorney, a |
parent, guardian,
legal custodian, or counsel, the court may |
adjourn the hearing for a reasonable
period to receive reports |
or other evidence and, in such event, shall make an
appropriate |
order for detention of
the minor or his or her release from |
detention subject to supervision by the
court
during the period |
of the continuance. In the event the court shall order
|
detention hereunder, the period of the continuance shall not |
exceed 30 court
days. At the end of such time, the court shall |
release the minor from
detention unless notice is served at |
least 3 days prior to the hearing on the
continued date that |
the State will be seeking an extension of the period of
|
detention, which notice shall state the reason for the request |
for the
extension. The extension of detention may be for a |
maximum period of an
additional 15 court days or a lesser |
number of days at the discretion of the
court. However, at the |
expiration of the period of extension, the court shall
release |
the minor from detention if a further continuance is granted. |
In
scheduling
investigations and hearings, the court shall give |
priority to proceedings in
which a minor is in detention or has |
otherwise been removed from his or her
home
before a sentencing |
order has been made.
|
(4) When commitment to the Department of Juvenile Justice
|
Corrections, Juvenile Division, is
ordered, the court shall |
|
state the basis for selecting the particular
disposition, and |
the court shall prepare such a statement for inclusion in the
|
record.
|
(Source: P.A. 90-590, eff. 1-1-99.)
|
(705 ILCS 405/5-710)
|
Sec. 5-710. Kinds of sentencing orders.
|
(1) The following kinds of sentencing orders may be made in |
respect of
wards of the court:
|
(a) Except as provided in Sections 5-805, 5-810, 5-815, |
a minor who is
found
guilty under Section 5-620 may be:
|
(i) put on probation or conditional discharge and |
released to his or her
parents, guardian or legal |
custodian, provided, however, that any such minor
who |
is not committed to the Department of Juvenile Justice
|
Corrections, Juvenile Division under
this subsection |
and who is found to be a delinquent for an offense |
which is
first degree murder, a Class X felony, or a |
forcible felony shall be placed on
probation;
|
(ii) placed in accordance with Section 5-740, with |
or without also being
put on probation or conditional |
discharge;
|
(iii) required to undergo a substance abuse |
assessment conducted by a
licensed provider and |
participate in the indicated clinical level of care;
|
(iv) placed in the guardianship of the Department |
of Children and Family
Services, but only if the |
delinquent minor is under 13 years of age;
|
(v) placed in detention for a period not to exceed |
30 days, either as
the
exclusive order of disposition |
or, where appropriate, in conjunction with any
other |
order of disposition issued under this paragraph, |
provided that any such
detention shall be in a juvenile |
detention home and the minor so detained shall
be 10 |
years of age or older. However, the 30-day limitation |
may be extended by
further order of the court for a |
|
minor under age 13 committed to the Department
of |
Children and Family Services if the court finds that |
the minor is a danger
to himself or others. The minor |
shall be given credit on the sentencing order
of |
detention for time spent in detention under Sections |
5-501, 5-601, 5-710, or
5-720 of this
Article as a |
result of the offense for which the sentencing order |
was imposed.
The court may grant credit on a sentencing |
order of detention entered under a
violation of |
probation or violation of conditional discharge under |
Section
5-720 of this Article for time spent in |
detention before the filing of the
petition
alleging |
the violation. A minor shall not be deprived of credit |
for time spent
in detention before the filing of a |
violation of probation or conditional
discharge |
alleging the same or related act or acts;
|
(vi) ordered partially or completely emancipated |
in accordance with the
provisions of the Emancipation |
of Minors Act;
|
(vii) subject to having his or her driver's license |
or driving
privileges
suspended for such time as |
determined by the court but only until he or she
|
attains 18 years of age;
|
(viii) put on probation or conditional discharge |
and placed in detention
under Section 3-6039 of the |
Counties Code for a period not to exceed the period
of |
incarceration permitted by law for adults found guilty |
of the same offense
or offenses for which the minor was |
adjudicated delinquent, and in any event no
longer than |
upon attainment of age 21; this subdivision (viii) |
notwithstanding
any contrary provision of the law; or
|
(ix) ordered to undergo a medical or other |
procedure to have a tattoo
symbolizing allegiance to a |
street gang removed from his or her body.
|
(b) A minor found to be guilty may be committed to the |
Department of
Juvenile Justice
Corrections,
Juvenile |
|
Division, under Section 5-750 if the minor is 13 years of |
age or
older,
provided that the commitment to the |
Department of Juvenile Justice
Corrections, Juvenile
|
Division, shall be made only if a term of incarceration is |
permitted by law for
adults found guilty of the offense for |
which the minor was adjudicated
delinquent. The time during |
which a minor is in custody before being released
upon the |
request of a parent, guardian or legal custodian shall be |
considered
as time spent in detention.
|
(c) When a minor is found to be guilty for an offense |
which is a violation
of the Illinois Controlled Substances |
Act, the Cannabis Control Act, or the Methamphetamine |
Control and Community Protection Act and made
a ward of the |
court, the court may enter a disposition order requiring |
the
minor to undergo assessment,
counseling or treatment in |
a substance abuse program approved by the Department
of |
Human Services.
|
(2) Any sentencing order other than commitment to the |
Department of
Juvenile Justice
Corrections, Juvenile Division, |
may provide for protective supervision under
Section 5-725 and |
may include an order of protection under Section 5-730.
|
(3) Unless the sentencing order expressly so provides, it |
does not operate
to close proceedings on the pending petition, |
but is subject to modification
until final closing and |
discharge of the proceedings under Section 5-750.
|
(4) In addition to any other sentence, the court may order |
any
minor
found to be delinquent to make restitution, in |
monetary or non-monetary form,
under the terms and conditions |
of Section 5-5-6 of the Unified Code of
Corrections, except |
that the "presentencing hearing" referred to in that
Section
|
shall be
the sentencing hearing for purposes of this Section. |
The parent, guardian or
legal custodian of the minor may be |
ordered by the court to pay some or all of
the restitution on |
the minor's behalf, pursuant to the Parental Responsibility
|
Law. The State's Attorney is authorized to act
on behalf of any |
victim in seeking restitution in proceedings under this
|
|
Section, up to the maximum amount allowed in Section 5 of the |
Parental
Responsibility Law.
|
(5) Any sentencing order where the minor is committed or |
placed in
accordance
with Section 5-740 shall provide for the |
parents or guardian of the estate of
the minor to pay to the |
legal custodian or guardian of the person of the minor
such |
sums as are determined by the custodian or guardian of the |
person of the
minor as necessary for the minor's needs. The |
payments may not exceed the
maximum amounts provided for by |
Section 9.1 of the Children and Family Services
Act.
|
(6) Whenever the sentencing order requires the minor to |
attend school or
participate in a program of training, the |
truant officer or designated school
official shall regularly |
report to the court if the minor is a chronic or
habitual |
truant under Section 26-2a of the School Code.
|
(7) In no event shall a guilty minor be committed to the |
Department of
Juvenile Justice
Corrections, Juvenile Division |
for a period of time in
excess of
that period for which an |
adult could be committed for the same act.
|
(8) A minor found to be guilty for reasons that include a |
violation of
Section 21-1.3 of the Criminal Code of 1961 shall |
be ordered to perform
community service for not less than 30 |
and not more than 120 hours, if
community service is available |
in the jurisdiction. The community service
shall include, but |
need not be limited to, the cleanup and repair of the damage
|
that was caused by the violation or similar damage to property |
located in the
municipality or county in which the violation |
occurred. The order may be in
addition to any other order |
authorized by this Section.
|
(8.5) A minor found to be guilty for reasons that include a |
violation of
Section
3.02 or Section 3.03 of the Humane Care |
for Animals Act or paragraph (d) of
subsection (1) of
Section |
21-1 of
the Criminal Code
of
1961 shall be ordered to undergo |
medical or psychiatric treatment rendered by
a
psychiatrist or |
psychological treatment rendered by a clinical psychologist.
|
The order
may be in addition to any other order authorized by |
|
this Section.
|
(9) In addition to any other sentencing order, the court |
shall order any
minor found
to be guilty for an act which would |
constitute, predatory criminal sexual
assault of a child, |
aggravated criminal sexual assault, criminal sexual
assault, |
aggravated criminal sexual abuse, or criminal sexual abuse if
|
committed by an
adult to undergo medical testing to determine |
whether the defendant has any
sexually transmissible disease |
including a test for infection with human
immunodeficiency |
virus (HIV) or any other identified causative agency of
|
acquired immunodeficiency syndrome (AIDS). Any medical test |
shall be performed
only by appropriately licensed medical |
practitioners and may include an
analysis of any bodily fluids |
as well as an examination of the minor's person.
Except as |
otherwise provided by law, the results of the test shall be |
kept
strictly confidential by all medical personnel involved in |
the testing and must
be personally delivered in a sealed |
envelope to the judge of the court in which
the sentencing |
order was entered for the judge's inspection in camera. Acting
|
in accordance with the best interests of the victim and the |
public, the judge
shall have the discretion to determine to |
whom the results of the testing may
be revealed. The court |
shall notify the minor of the results of the test for
infection |
with the human immunodeficiency virus (HIV). The court shall |
also
notify the victim if requested by the victim, and if the |
victim is under the
age of 15 and if requested by the victim's |
parents or legal guardian, the court
shall notify the victim's |
parents or the legal guardian, of the results of the
test for |
infection with the human immunodeficiency virus (HIV). The |
court
shall provide information on the availability of HIV |
testing and counseling at
the Department of Public Health |
facilities to all parties to whom the
results of the testing |
are revealed. The court shall order that the cost of
any test |
shall be paid by the county and may be taxed as costs against |
the
minor.
|
(10) When a court finds a minor to be guilty the court |
|
shall, before
entering a sentencing order under this Section, |
make a finding whether the
offense committed either: (a) was |
related to or in furtherance of the criminal
activities of an |
organized gang or was motivated by the minor's membership in
or |
allegiance to an organized gang, or (b) involved a violation of
|
subsection (a) of Section 12-7.1 of the Criminal Code of 1961, |
a violation of
any
Section of Article 24 of the Criminal Code |
of 1961, or a violation of any
statute that involved the |
wrongful use of a firearm. If the court determines
the question |
in the affirmative,
and the court does not commit the minor to |
the Department of Juvenile Justice
Corrections,
Juvenile |
Division, the court shall order the minor to perform community |
service
for not less than 30 hours nor more than 120 hours, |
provided that community
service is available in the |
jurisdiction and is funded and approved by the
county board of |
the county where the offense was committed. The community
|
service shall include, but need not be limited to, the cleanup |
and repair of
any damage caused by a violation of Section |
21-1.3 of the Criminal Code of 1961
and similar damage to |
property located in the municipality or county in which
the |
violation occurred. When possible and reasonable, the |
community service
shall be performed in the minor's |
neighborhood. This order shall be in
addition to any other |
order authorized by this Section
except for an order to place |
the minor in the custody of the Department of
Juvenile Justice
|
Corrections, Juvenile Division. For the purposes of this |
Section, "organized
gang" has the meaning ascribed to it in |
Section 10 of the Illinois Streetgang
Terrorism Omnibus |
Prevention Act.
|
(Source: P.A. 94-556, eff. 9-11-05.)
|
(705 ILCS 405/5-750)
|
Sec. 5-750. Commitment to the Department of Juvenile |
Justice
Corrections, Juvenile
Division.
|
(1) Except as provided in subsection (2) of this Section, |
when any
delinquent has been adjudged a ward of the court under |
|
this Act, the court may
commit him or her to the Department of |
Juvenile Justice
Corrections, Juvenile Division, if it
finds
|
that (a) his or her parents, guardian or legal custodian are |
unfit or are
unable, for
some reason other than financial |
circumstances alone, to care for, protect,
train or discipline |
the minor, or are unwilling to do so,
and the best interests of |
the minor and
the public will not be served by placement under |
Section 5-740
or; (b) it is
necessary to ensure the protection |
of the public from the consequences of
criminal activity of the |
delinquent.
|
(2) When a minor of the age of at least 13 years is |
adjudged delinquent
for the offense of first degree murder, the |
court shall declare the minor a
ward of the court and order the |
minor committed to the Department of
Juvenile Justice
|
Corrections, Juvenile Division, until the minor's 21st |
birthday, without the
possibility of parole, furlough, or |
non-emergency authorized absence for a
period of 5 years from |
the date the minor was committed to the Department of
Juvenile |
Justice
Corrections, except that the time that a minor spent in |
custody for the instant
offense before being committed to the |
Department of Juvenile Justice shall be considered as time
|
credited towards that 5 year period. Nothing in this subsection |
(2) shall
preclude the State's Attorney from seeking to |
prosecute a minor as an adult as
an alternative to proceeding |
under this Act.
|
(3) Except as provided in subsection (2), the commitment of |
a
delinquent to the Department of Juvenile Justice
Corrections |
shall be for an indeterminate term
which shall automatically |
terminate upon the delinquent attaining the age of 21
years |
unless the delinquent is sooner discharged from parole or |
custodianship
is otherwise terminated in accordance with this |
Act or as otherwise provided
for by law.
|
(4) When the court commits a minor to the Department of |
Juvenile Justice
Corrections, it
shall order him or her |
conveyed forthwith to the appropriate reception station
or
|
other place designated by the Department of Juvenile Justice
|
|
Corrections, and shall appoint the
Assistant Director of |
Juvenile Justice
Corrections, Juvenile Division, legal |
custodian of the
minor. The clerk of the court shall issue to |
the Assistant
Director of Juvenile Justice
Corrections, |
Juvenile Division, a certified copy of the order,
which |
constitutes proof of the Director's authority. No other process |
need
issue to
warrant the keeping of the minor.
|
(5) If a minor is committed to the Department of Juvenile |
Justice
Corrections, Juvenile
Division, the clerk of the court |
shall forward to the Department:
|
(a) the disposition ordered;
|
(b) all reports;
|
(c) the court's statement of the basis for ordering the |
disposition; and
|
(d) all additional matters which the court directs the |
clerk to transmit.
|
(6) Whenever the Department of Juvenile Justice
|
Corrections lawfully discharges from its
custody and
control a |
minor committed to it, the Assistant Director of Juvenile |
Justice
Corrections,
Juvenile Division, shall petition the |
court for an order terminating his or her
custodianship. The |
custodianship shall terminate automatically 30 days after
|
receipt of the petition unless the court orders otherwise.
|
(Source: P.A. 90-590, eff. 1-1-99.)
|
(705 ILCS 405/5-815)
|
Sec. 5-815. Habitual Juvenile Offender.
|
(a) Definition. Any minor
having been twice adjudicated a |
delinquent minor for offenses which, had he
been prosecuted as |
an adult, would have been felonies under the laws of
this |
State, and who is thereafter adjudicated a delinquent minor for |
a
third time shall be adjudged an Habitual Juvenile Offender |
where:
|
1. the third adjudication is for an offense occurring |
after
adjudication on the second; and
|
2. the second adjudication was for an offense occurring |
|
after
adjudication on the first; and
|
3. the third offense occurred after January 1, 1980; |
and
|
4. the third offense was based upon the commission of |
or attempted
commission of the following offenses: first |
degree murder, second
degree murder or involuntary |
manslaughter; criminal sexual assault or
aggravated |
criminal sexual assault; aggravated or heinous
battery |
involving permanent disability or disfigurement or great |
bodily
harm to the victim; burglary of a home or other |
residence intended for
use as a temporary or permanent |
dwelling place for human beings; home
invasion; robbery or |
armed robbery; or aggravated arson.
|
Nothing in this Section shall preclude the State's Attorney |
from
seeking to prosecute a minor as an adult as an alternative |
to
prosecution as an habitual juvenile offender.
|
A continuance under supervision authorized by Section |
5-615 of
this Act
shall not be permitted under this Section.
|
(b) Notice to minor. The State shall serve upon the minor |
written
notice of intention to prosecute under the provisions |
of this Section within
5 judicial days of the filing of any |
delinquency petition, adjudication
upon which would mandate |
the minor's disposition as an Habitual Juvenile
Offender.
|
(c) Petition; service. A notice to seek adjudication as an
|
Habitual Juvenile Offender shall be filed only by the State's |
Attorney.
|
The petition upon which such Habitual Juvenile Offender |
notice is
based shall contain the information and averments |
required for all
other delinquency petitions filed under this |
Act and its service shall
be according to the provisions of |
this Act.
|
No prior adjudication shall be alleged in the petition.
|
(d) Trial. Trial on such petition shall be by jury unless |
the minor
demands, in open court and with advice of counsel, a |
trial by the court
without jury.
|
Except as otherwise provided herein, the provisions of this
|
|
Act concerning delinquency proceedings generally shall be |
applicable to
Habitual Juvenile Offender proceedings.
|
(e) Proof of prior adjudications. No evidence or other |
disclosure of prior
adjudications shall be presented
to the |
court or jury during any adjudicatory hearing provided for |
under this
Section unless otherwise permitted by the issues |
properly raised in such
hearing. In the event the minor who is |
the subject of these
proceedings elects to testify on his own |
behalf, it shall be competent to
introduce evidence, for |
purposes of impeachment, that he has previously
been |
adjudicated a delinquent minor upon facts which, had he been |
tried as an
adult, would have resulted in his conviction of a |
felony or of any offense
that involved dishonesty or false |
statement. Introduction of
such evidence shall be according to |
the rules and procedures applicable to
the impeachment of an |
adult defendant by prior conviction.
|
After an admission of the facts in the petition or |
adjudication of
delinquency, the State's Attorney may file with |
the court a verified
written statement signed by the State's |
Attorney concerning any prior
adjudication of an offense set |
forth in subsection (a) of this Section
which offense would |
have been a felony or of any offense that involved
dishonesty |
or false statement had the minor been tried as an adult.
|
The court shall then cause the minor to be brought before |
it; shall
inform him of the allegations of the statement so |
filed, and of his
right to a hearing before the court on the |
issue of such prior
adjudication and of his right to counsel at |
such hearing; and unless the
minor admits such adjudication, |
the court shall hear and determine such
issue, and shall make a |
written finding thereon.
|
A duly authenticated copy of the record of any such alleged |
prior
adjudication shall be prima facie evidence of such prior |
adjudication or of
any offense that involved dishonesty or |
false statement.
|
Any claim that a previous adjudication offered by the |
State's
Attorney is not a former adjudication of an offense |
|
which, had the minor
been prosecuted as an adult, would have |
resulted in his conviction of a
felony or of any offense that |
involved dishonesty or false statement, is
waived unless duly |
raised at the hearing on such
adjudication, or unless the |
State's Attorney's proof shows that such
prior adjudication was |
not based upon proof of what would have been a
felony.
|
(f) Disposition. If the court finds that the prerequisites |
established in
subsection (a)
of this Section have been proven, |
it shall adjudicate the minor an Habitual
Juvenile Offender and |
commit him to the Department of Juvenile Justice
Corrections, |
Juvenile
Division, until his 21st birthday, without |
possibility of parole,
furlough, or non-emergency authorized |
absence.
However, the minor shall be entitled to earn one day |
of good conduct credit
for each day served as reductions |
against the period of his confinement.
Such good conduct |
credits shall be earned or revoked according to the
procedures |
applicable to the allowance and revocation of good conduct
|
credit for adult prisoners serving determinate sentences for |
felonies.
|
For purposes of determining good conduct credit, |
commitment as an Habitual
Juvenile Offender shall be considered |
a determinate commitment, and the
difference between the date |
of the commitment and the minor's 21st birthday
shall be |
considered the determinate period of his confinement.
|
(Source: P.A. 90-590, eff. 1-1-99.)
|
(705 ILCS 405/5-820)
|
Sec. 5-820. Violent Juvenile Offender.
|
(a) Definition. A minor having
been previously adjudicated |
a delinquent minor for an offense which, had he or
she been |
prosecuted as an adult, would have been a Class 2 or greater |
felony
involving the use or
threat of physical force or |
violence against an individual or a Class 2 or
greater felony |
for
which an element of the offense is possession or use of a |
firearm, and who is
thereafter adjudicated a delinquent minor |
for a second time for any of those
offenses shall be |
|
adjudicated a Violent Juvenile Offender if:
|
(1) The second adjudication is for an offense occurring |
after adjudication
on the first; and
|
(2) The second offense occurred on or after January 1, |
1995.
|
(b) Notice to minor. The State shall serve upon the minor |
written notice of
intention to prosecute under the provisions |
of this Section within 5 judicial
days of the filing of a |
delinquency petition, adjudication upon which would
mandate |
the minor's disposition as a Violent Juvenile Offender.
|
(c) Petition; service. A notice to seek adjudication as a |
Violent Juvenile
Offender shall be filed only by the State's |
Attorney.
|
The petition upon which the Violent Juvenile Offender |
notice is based shall
contain the information and averments |
required for all other delinquency
petitions filed under this |
Act and its service shall be according to the
provisions of |
this Act.
|
No prior adjudication shall be alleged in the petition.
|
(d) Trial. Trial on the petition shall be by jury unless |
the minor demands,
in open court and with advice of counsel, a |
trial by the court without a jury.
|
Except as otherwise provided in this Section, the |
provisions of this Act
concerning delinquency proceedings |
generally shall be applicable to Violent
Juvenile Offender |
proceedings.
|
(e) Proof of prior adjudications. No evidence or other |
disclosure of prior
adjudications shall be presented to the |
court or jury during an adjudicatory
hearing provided for under |
this Section unless otherwise permitted by the
issues properly |
raised in that hearing. In the event the minor who is the
|
subject of these proceedings elects to testify on his or her |
own behalf, it
shall be competent to introduce evidence, for |
purposes of impeachment, that he
or she has previously been |
adjudicated a delinquent minor upon facts which, had
the minor |
been tried as an adult, would have resulted in the minor's |
|
conviction
of a felony or of any offense that involved |
dishonesty or false statement.
Introduction of such evidence |
shall be according to the rules and
procedures applicable to |
the impeachment of an adult defendant by prior
conviction.
|
After an admission of the facts in the petition or |
adjudication of
delinquency, the State's Attorney may file with |
the court a verified written
statement signed by the State's |
Attorney concerning any prior adjudication of
an offense set |
forth in subsection (a) of this Section that would have
been a |
felony or of any offense that involved
dishonesty or false |
statement had the minor been tried as an adult.
|
The court shall then cause the minor to be brought before |
it; shall inform
the minor of the allegations of the statement |
so filed, of his or her right to
a hearing before the court on |
the issue of the prior adjudication and of his or
her right to |
counsel at the hearing; and unless the minor admits the
|
adjudication, the court shall hear and determine the issue, and |
shall make a
written finding of the issue.
|
A duly authenticated copy of the record of any alleged |
prior
adjudication shall be prima facie evidence of the prior |
adjudication or of any
offense that involved dishonesty or |
false statement.
|
Any claim that a previous adjudication offered by the |
State's Attorney is not
a former adjudication of an offense |
which, had the minor been prosecuted as an
adult, would have |
resulted in his or her conviction of a Class 2 or greater
|
felony involving the
use or threat of force or violence, or a |
firearm, a felony or of any offense
that involved dishonesty or |
false statement is waived unless duly raised
at the hearing on |
the adjudication, or unless the State's Attorney's proof
shows |
that the prior adjudication was not based upon proof of what |
would have
been a felony.
|
(f) Disposition. If the court finds that the prerequisites |
established in
subsection (a) of this Section have been proven, |
it shall adjudicate the minor
a Violent Juvenile Offender and |
commit the minor to the Department of
Juvenile Justice
|
|
Corrections,
Juvenile Division, until his or her 21st birthday, |
without possibility of
parole, furlough, or non-emergency |
authorized absence. However, the minor
shall be entitled to |
earn one day of good conduct credit for each day served as
|
reductions against the period of his or her confinement. The |
good conduct
credits shall be earned or revoked according to |
the procedures applicable to
the allowance and revocation of |
good conduct credit for adult prisoners serving
determinate |
sentences for felonies.
|
For purposes of determining good conduct credit, |
commitment as a Violent
Juvenile Offender shall be considered a |
determinate commitment, and the
difference between the date of |
the commitment and the minor's 21st birthday
shall be |
considered the determinate period of his or her confinement.
|
(g) Nothing in this Section shall preclude the State's |
Attorney from seeking
to prosecute a minor as a habitual |
juvenile offender or as an adult as an
alternative to |
prosecution as a Violent Juvenile Offender.
|
(h) A continuance under supervision authorized by Section |
5-615
of this Act
shall not be permitted under this Section.
|
(Source: P.A. 90-590, eff. 1-1-99.)
|
(705 ILCS 405/5-901)
|
Sec. 5-901. Court file.
|
(1) The Court file with respect to proceedings under this
|
Article shall consist of the petitions, pleadings, victim |
impact statements,
process,
service of process, orders, writs |
and docket entries reflecting hearings held
and judgments and |
decrees entered by the court. The court file shall be
kept |
separate from other records of the court.
|
(a) The file, including information identifying the |
victim or alleged
victim of any sex
offense, shall be |
disclosed only to the following parties when necessary for
|
discharge of their official duties:
|
(i) A judge of the circuit court and members of the |
staff of the court
designated by the judge;
|
|
(ii) Parties to the proceedings and their |
attorneys;
|
(iii) Victims and their attorneys, except in cases |
of multiple victims
of
sex offenses in which case the |
information identifying the nonrequesting
victims |
shall be redacted;
|
(iv) Probation officers, law enforcement officers |
or prosecutors or
their
staff;
|
(v) Adult and juvenile Prisoner Review Boards.
|
(b) The Court file redacted to remove any information |
identifying the
victim or alleged victim of any sex offense |
shall be disclosed only to the
following parties when |
necessary for discharge of their official duties:
|
(i) Authorized military personnel;
|
(ii) Persons engaged in bona fide research, with |
the permission of the
judge of the juvenile court and |
the chief executive of the agency that prepared
the
|
particular recording: provided that publication of |
such research results in no
disclosure of a minor's |
identity and protects the confidentiality of the
|
record;
|
(iii) The Secretary of State to whom the Clerk of |
the Court shall report
the disposition of all cases, as |
required in Section 6-204 or Section 6-205.1
of the |
Illinois
Vehicle Code. However, information reported |
relative to these offenses shall
be privileged and |
available only to the Secretary of State, courts, and |
police
officers;
|
(iv) The administrator of a bonafide substance |
abuse student
assistance program with the permission |
of the presiding judge of the
juvenile court;
|
(v) Any individual, or any public or private agency |
or institution,
having
custody of the juvenile under |
court order or providing educational, medical or
|
mental health services to the juvenile or a |
court-approved advocate for the
juvenile or any |
|
placement provider or potential placement provider as
|
determined by the court.
|
(3) A minor who is the victim or alleged victim in a |
juvenile proceeding
shall be
provided the same confidentiality |
regarding disclosure of identity as the
minor who is the |
subject of record.
Information identifying victims and alleged |
victims of sex offenses,
shall not be disclosed or open to |
public inspection under any circumstances.
Nothing in this |
Section shall prohibit the victim or alleged victim of any sex
|
offense from voluntarily disclosing his or her identity.
|
(4) Relevant information, reports and records shall be made |
available to the
Department of
Juvenile Justice
Corrections |
when a juvenile offender has been placed in the custody of the
|
Department of Juvenile Justice
Corrections, Juvenile Division.
|
(5) Except as otherwise provided in this subsection (5), |
juvenile court
records shall not be made available to the |
general public
but may be inspected by representatives of |
agencies, associations and news
media or other properly |
interested persons by general or special order of
the court. |
The State's Attorney, the minor, his or her parents, guardian |
and
counsel
shall at all times have the right to examine court |
files and records.
|
(a) The
court shall allow the general public to have |
access to the name, address, and
offense of a minor
who is |
adjudicated a delinquent minor under this Act under either |
of the
following circumstances:
|
(i) The
adjudication of
delinquency was based upon |
the
minor's
commission of first degree murder, attempt |
to commit first degree
murder, aggravated criminal |
sexual assault, or criminal sexual assault; or
|
(ii) The court has made a finding that the minor |
was at least 13 years
of
age
at the time the act was |
committed and the adjudication of delinquency was |
based
upon the minor's commission of: (A)
an act in |
furtherance of the commission of a felony as a member |
of or on
behalf of a criminal street
gang, (B) an act |
|
involving the use of a firearm in the commission of a
|
felony, (C) an act that would be a Class X felony |
offense
under or
the minor's second or subsequent
Class |
2 or greater felony offense under the Cannabis Control |
Act if committed
by an adult,
(D) an act that would be |
a second or subsequent offense under Section 402 of
the |
Illinois Controlled Substances Act if committed by an |
adult, (E) an act
that would be an offense under |
Section 401 of the Illinois Controlled
Substances Act |
if committed by an adult, or (F) an act that would be |
an offense under the Methamphetamine Control and |
Community Protection Act if committed by an adult.
|
(b) The court
shall allow the general public to have |
access to the name, address, and offense
of a minor who is |
at least 13 years of age at
the time the offense
is |
committed and who is convicted, in criminal proceedings
|
permitted or required under Section 5-805, under either of
|
the following
circumstances:
|
(i) The minor has been convicted of first degree |
murder, attempt
to commit first degree
murder, |
aggravated criminal sexual
assault, or criminal sexual |
assault,
|
(ii) The court has made a finding that the minor |
was at least 13 years
of age
at the time the offense |
was committed and the conviction was based upon the
|
minor's commission of: (A)
an offense in
furtherance of |
the commission of a felony as a member of or on behalf |
of a
criminal street gang, (B) an offense
involving the |
use of a firearm in the commission of a felony, (C)
a |
Class X felony offense under the Cannabis Control Act |
or a second or
subsequent Class 2 or
greater felony |
offense under the Cannabis Control Act, (D) a
second or |
subsequent offense under Section 402 of the Illinois
|
Controlled Substances Act, (E) an offense under |
Section 401 of the Illinois
Controlled Substances Act, |
or (F) an offense under the Methamphetamine Control and |
|
Community Protection Act.
|
(6) Nothing in this Section shall be construed to limit the |
use of a
adjudication of delinquency as
evidence in any |
juvenile or criminal proceeding, where it would otherwise be
|
admissible under the rules of evidence, including but not |
limited to, use as
impeachment evidence against any witness, |
including the minor if he or she
testifies.
|
(7) Nothing in this Section shall affect the right of a |
Civil Service
Commission or appointing authority examining the |
character and fitness of
an applicant for a position as a law |
enforcement officer to ascertain
whether that applicant was |
ever adjudicated to be a delinquent minor and,
if so, to |
examine the records or evidence which were made in
proceedings |
under this Act.
|
(8) Following any adjudication of delinquency for a crime |
which would be
a felony if committed by an adult, or following |
any adjudication of delinquency
for a violation of Section |
24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the |
State's Attorney shall ascertain
whether the minor respondent |
is enrolled in school and, if so, shall provide
a copy of the |
sentencing order to the principal or chief administrative
|
officer of the school. Access to such juvenile records shall be |
limited
to the principal or chief administrative officer of the |
school and any guidance
counselor designated by him or her.
|
(9) Nothing contained in this Act prevents the sharing or
|
disclosure of information or records relating or pertaining to |
juveniles
subject to the provisions of the Serious Habitual |
Offender Comprehensive
Action Program when that information is |
used to assist in the early
identification and treatment of |
habitual juvenile offenders.
|
(11) The Clerk of the Circuit Court shall report to the |
Department of
State
Police, in the form and manner required by |
the Department of State Police, the
final disposition of each |
minor who has been arrested or taken into custody
before his or |
her 17th birthday for those offenses required to be reported
|
under Section 5 of the Criminal Identification Act. Information |
|
reported to
the Department under this Section may be maintained |
with records that the
Department files under Section 2.1 of the |
Criminal Identification Act.
|
(12) Information or records may be disclosed to the general |
public when the
court is conducting hearings under Section |
5-805 or 5-810.
|
(Source: P.A. 94-556, eff. 9-11-05.)
|
(705 ILCS 405/5-905)
|
Sec. 5-905. Law enforcement records.
|
(1) Law Enforcement Records.
Inspection and copying of law |
enforcement records maintained by law enforcement
agencies |
that relate to a minor who has been arrested or taken into |
custody
before his or her 17th birthday shall be restricted to |
the following and when
necessary for the discharge of their |
official duties:
|
(a) A judge of the circuit court and members of the |
staff of the court
designated by the judge;
|
(b) Law enforcement officers, probation officers or |
prosecutors or their
staff;
|
(c) The minor, the minor's parents or legal guardian |
and their attorneys,
but only when the juvenile has been |
charged with an offense;
|
(d) Adult and Juvenile Prisoner Review Boards;
|
(e) Authorized military personnel;
|
(f) Persons engaged in bona fide research, with the |
permission of the
judge of juvenile court and the chief |
executive of the agency that prepared the
particular |
recording: provided that publication of such research |
results in no
disclosure of a minor's identity and protects |
the confidentiality of the
record;
|
(g) Individuals responsible for supervising or |
providing temporary or
permanent care and custody of minors |
pursuant to orders of the juvenile court
or directives from |
officials of the Department of Children and Family
Services |
or the Department of Human Services who certify in writing |
|
that the
information will not be disclosed to any other |
party except as provided under
law or order of court;
|
(h) The appropriate school official. Inspection and |
copying
shall be limited to law enforcement records |
transmitted to the appropriate
school official by a local |
law enforcement agency under a reciprocal reporting
system |
established and maintained between the school district and |
the local law
enforcement agency under Section 10-20.14 of |
the School Code concerning a minor
enrolled in a school |
within the school district who has been arrested
for any |
offense classified as a felony or a Class A or B |
misdemeanor.
|
(2) Information identifying victims and alleged victims of |
sex offenses,
shall not be disclosed or open to public |
inspection under any circumstances.
Nothing in this Section |
shall prohibit the victim or alleged victim of any sex
offense |
from voluntarily disclosing his or her identity.
|
(3) Relevant information, reports and records shall be made |
available to the
Department of Juvenile Justice
Corrections |
when a juvenile offender has been placed in the
custody of the |
Department of Juvenile Justice
Corrections, Juvenile Division.
|
(4) Nothing in this Section shall prohibit the inspection |
or disclosure to
victims and witnesses of photographs contained |
in the records of law
enforcement agencies when the inspection |
or disclosure is conducted in the
presence of a law enforcement |
officer for purposes of identification or
apprehension of any |
person in the course of any criminal investigation or
|
prosecution.
|
(5) The records of law enforcement officers concerning all |
minors under
17 years of age must be maintained separate from |
the records of adults and
may not be open to public inspection |
or their contents disclosed to the
public except by order of |
the court or when the institution of criminal
proceedings has |
been permitted under Section 5-130 or 5-805 or required
under |
Section
5-130 or 5-805 or such a person has been convicted of a |
crime and is the
subject of
pre-sentence investigation or when |
|
provided by law.
|
(6) Except as otherwise provided in this subsection (6), |
law enforcement
officers may not disclose the identity of any |
minor
in releasing information to the general public as to the |
arrest, investigation
or disposition of any case involving a |
minor.
Any victim or parent or legal guardian of a victim may |
petition the court to
disclose the name and address of the |
minor and the minor's parents or legal
guardian, or both. Upon |
a finding by clear and convincing evidence that the
disclosure |
is either necessary for the victim to pursue a civil remedy |
against
the minor or the minor's parents or legal guardian, or |
both, or to protect the
victim's person or property from the |
minor, then the court may order the
disclosure of the |
information to the victim or to the parent or legal guardian
of |
the victim only for the purpose of the victim pursuing a civil |
remedy
against the minor or the minor's parents or legal |
guardian, or both, or to
protect the victim's person or |
property from the minor.
|
(7) Nothing contained in this Section shall prohibit law |
enforcement
agencies when acting in their official capacity |
from communicating with each
other by letter, memorandum, |
teletype or
intelligence alert bulletin or other means the |
identity or other relevant
information pertaining to a person |
under 17 years of age. The information
provided under this |
subsection (7) shall remain confidential and shall not
be |
publicly disclosed, except as otherwise allowed by law.
|
(8) No person shall disclose information under this Section |
except when
acting in his or her official capacity and as |
provided by law or order of
court.
|
(Source: P.A. 90-590, eff. 1-1-99; 91-479, eff. 1-1-00.)
|
(705 ILCS 405/5-915)
|
Sec. 5-915. Expungement of juvenile law enforcement and |
court records.
|
(1) Whenever any person has attained the age of 17 or |
whenever all juvenile
court proceedings relating to that person |
|
have been terminated, whichever is
later, the person may |
petition the court to expunge law enforcement records
relating |
to incidents occurring before his or her 17th birthday or his |
or her
juvenile court
records, or both, but only in the |
following circumstances:
|
(a) the minor was arrested and no petition for |
delinquency was filed with
the clerk of the circuit court; |
or
|
(b) the minor was charged with an offense and was found |
not delinquent of
that offense; or
|
(c) the minor was placed under supervision pursuant to |
Section 5-615, and
the order of
supervision has since been |
successfully terminated; or
|
(d)
the minor was adjudicated for an offense which |
would be a Class B
misdemeanor, Class C misdemeanor, or a |
petty or business offense if committed by an adult.
|
(2) Any person may petition the court to expunge all law |
enforcement records
relating to any
incidents occurring before |
his or her 17th birthday which did not result in
proceedings in |
criminal court and all juvenile court records with respect to
|
any adjudications except those based upon first degree
murder |
and
sex offenses which would be felonies if committed by an |
adult, if the person
for whom expungement is sought has had no
|
convictions for any crime since his or her 17th birthday and:
|
(a) has attained the age of 21 years; or
|
(b) 5 years have elapsed since all juvenile court |
proceedings relating to
him or her have been terminated or |
his or her commitment to the Department of
Juvenile Justice
|
Corrections, Juvenile Division
pursuant to this Act has |
been terminated;
|
whichever is later of (a) or (b). |
(2.5) If a minor is arrested and no petition for |
delinquency is filed with the clerk of the circuit court as |
provided in paragraph (a) of subsection (1) at the time the |
minor is released from custody, the youth officer, if |
applicable, or other designated person from the arresting |
|
agency, shall notify verbally and in writing to the minor or |
the minor's parents or guardians that if the State's Attorney |
does not file a petition for delinquency, the minor has a right |
to petition to have his or her arrest record expunged when the |
minor attains the age of 17 or when all juvenile court |
proceedings relating to that minor have been terminated and |
that unless a petition to expunge is filed, the minor shall |
have an arrest record and shall provide the minor and the |
minor's parents or guardians with an expungement information |
packet, including a petition to expunge juvenile records |
obtained from the clerk of the circuit court. |
(2.6) If a minor is charged with an offense and is found |
not delinquent of that offense; or if a minor is placed under |
supervision under Section 5-615, and the order of supervision |
is successfully terminated; or if a minor is adjudicated for an |
offense that would be a Class B misdemeanor, a Class C |
misdemeanor, or a business or petty offense if committed by an |
adult; or if a minor has incidents occurring before his or her |
17th birthday that have not resulted in proceedings in criminal |
court, or resulted in proceedings in juvenile court, and the |
adjudications were not based upon first degree murder or sex |
offenses that would be felonies if committed by an adult; then |
at the time of sentencing or dismissal of the case, the judge |
shall inform the delinquent minor of his or her right to |
petition for expungement as provided by law, and the clerk of |
the circuit court shall provide an expungement information |
packet to the delinquent minor, written in plain language, |
including a petition for expungement, a sample of a completed |
petition, expungement instructions that shall include |
information informing the minor that (i) once the case is |
expunged, it shall be treated as if it never occurred, (ii) he |
or she may apply to have petition fees waived, (iii) once he or |
she obtains an expungement, he or she may not be required to |
disclose that he or she had a juvenile record, and (iv) he or |
she may file the petition on his or her own or with the |
assistance of an attorney. The failure of the judge to inform |
|
the delinquent minor of his or her right to petition for |
expungement as provided by law does not create a substantive |
right, nor is that failure grounds for: (i) a reversal of an |
adjudication of delinquency, (ii) a new trial; or (iii) an |
appeal. |
(2.7) For counties with a population over 3,000,000, the |
clerk of the circuit court shall send a "Notification of a |
Possible Right to Expungement" post card to the minor at the |
address last received by the clerk of the circuit court on the |
date that the minor attains the age of 17 based on the |
birthdate provided to the court by the minor or his or her |
guardian in cases under paragraphs (b), (c), and (d) of |
subsection (1); and when the minor attains the age of 21 based |
on the birthdate provided to the court by the minor or his or |
her guardian in cases under subsection (2). |
(2.8) The petition for expungement for subsection (1) shall |
be substantially in the following form: |
IN THE CIRCUIT COURT OF ......, ILLINOIS
|
........ JUDICIAL CIRCUIT
|
IN THE INTEREST OF ) NO.
|
)
|
)
|
...................)
|
(Name of Petitioner)
|
PETITION TO EXPUNGE JUVENILE RECORDS |
(705 ILCS 405/5-915 (SUBSECTION 1)) |
(Please prepare a separate petition for each offense) |
Now comes ............., petitioner, and respectfully requests
|
that this Honorable Court enter an order expunging all juvenile |
law enforcement and court records of petitioner and in support |
thereof states that:
Petitioner has attained the age of 17, |
his/her birth date being ......, or all
Juvenile Court |
proceedings terminated as of ......, whichever occurred later.
|
Petitioner was arrested on ..... by the ....... Police |
|
Department for the offense of ......., and:
|
(Check One:)
|
( ) a. no petition was filed with the Clerk of the Circuit |
Court. |
( ) b. was charged with ...... and was found not delinquent
of |
the offense. |
( ) c. a petition was filed and the petition was dismissed |
without a finding of delinquency on ..... |
( ) d. on ....... placed under supervision pursuant to Section |
5-615 of the Juvenile Court Act of 1987 and such order of |
supervision successfully terminated on ........ |
( ) e. was adjudicated for the offense, which would have been a |
Class B misdemeanor, a Class C misdemeanor, or a petty offense |
or business offense if committed by an adult.
|
Petitioner .... has .... has not been arrested on charges in |
this or any county other than the charges listed above. If |
petitioner has been arrested on additional charges, please list |
the charges below:
|
Charge(s): ...... |
Arresting Agency or Agencies: ........... |
Disposition/Result: (choose from a. through e., above): .....
|
WHEREFORE, the petitioner respectfully requests this Honorable |
Court to (1) order all law enforcement agencies to expunge all |
records of petitioner to this incident, and (2) to order the |
Clerk of the Court to expunge all records concerning the |
petitioner regarding this incident.
|
......................
|
Petitioner (Signature)
|
..........................
|
Petitioner's Street Address
|
.....................
|
City, State, Zip Code
|
|
.............................
|
Petitioner's Telephone Number
|
Pursuant to the penalties of perjury under the Code of Civil |
Procedure, 735 ILCS 5/1-109, I hereby certify that the |
statements in this petition are true and correct, or on |
information and belief I believe the same to be true.
|
......................
|
Petitioner (Signature)
|
The Petition for Expungement for subsection (2) shall be |
substantially in the following form:
|
IN THE CIRCUIT COURT OF ........, ILLINOIS |
........ JUDICIAL CIRCUIT
|
IN THE INTEREST OF ) NO.
|
)
|
)
|
...................)
|
(Name of Petitioner)
|
PETITION TO EXPUNGE JUVENILE RECORDS
|
(705 ILCS 405/5-915 (SUBSECTION 2))
|
(Please prepare a separate petition for each offense)
|
Now comes ............, petitioner, and respectfully requests |
that this Honorable Court enter an order expunging all Juvenile |
Law Enforcement and Court records of petitioner and in support |
thereof states that: |
The incident for which the Petitioner seeks expungement |
occurred before the Petitioner's 17th birthday and did not |
result in proceedings in criminal court and the Petitioner has |
not had any convictions for any crime since his/her 17th |
birthday; and
|
The incident for which the Petitioner seeks expungement |
occurred before the Petitioner's 17th birthday and the |
|
adjudication was not based upon first-degree murder or sex |
offenses which would be felonies if committed by an adult, and |
the Petitioner has not had any convictions for any crime since |
his/her 17th birthday. |
Petitioner was arrested on ...... by the ....... Police |
Department for the offense of ........, and: |
(Check whichever one occurred the latest:) |
( ) a. The Petitioner has attained the age of 21 years, his/her |
birthday being .......; or |
( ) b. 5 years have elapsed since all juvenile court |
proceedings relating to the Petitioner have been terminated; or |
the Petitioner's commitment to the Department of Juvenile |
Justice
Corrections, Juvenile Division, pursuant to the |
expungement of juvenile law enforcement and court records |
provisions of the Juvenile Court Act of 1987 has been |
terminated.
Petitioner ...has ...has not been arrested on |
charges in this or any other county other than the charge |
listed above. If petitioner has been arrested on additional |
charges, please list the charges below: |
Charge(s): .......... |
Arresting Agency or Agencies: ....... |
Disposition/Result: (choose from a or b, above): .......... |
WHEREFORE, the petitioner respectfully requests this Honorable |
Court to (1) order all law enforcement agencies to expunge all |
records of petitioner related to this incident, and (2) to |
order the Clerk of the Court to expunge all records concerning |
the petitioner regarding this incident.
|
.......................
|
Petitioner (Signature)
|
......................
|
Petitioner's Street Address
|
.....................
|
City, State, Zip Code
|
|
.............................
|
Petitioner's Telephone Number
|
Pursuant to the penalties of perjury under the Code of Civil |
Procedure, 735 ILCS 5/1-109, I hereby certify that the |
statements in this petition are true and correct, or on |
information and belief I believe the same to be true. |
......................
|
Petitioner (Signature)
|
(3) The chief judge of the circuit in which an arrest was |
made or a charge
was brought or any
judge of that circuit |
designated by the chief judge
may, upon verified petition
of a |
person who is the subject of an arrest or a juvenile court |
proceeding
under subsection (1) or (2) of this Section, order |
the law enforcement
records or official court file, or both, to |
be expunged from the official
records of the arresting |
authority, the clerk of the circuit court and the
Department of |
State Police. The person whose records are to be expunged shall |
petition the court using the appropriate form containing his or |
her current address and shall promptly notify the clerk of the |
circuit court of any change of address. Notice
of the petition |
shall be served upon the State's Attorney or prosecutor charged |
with the duty of prosecuting the offense, the Department of |
State Police, and the arresting agency or agencies by the clerk |
of the circuit court. If an objection is filed within 90 days |
of the notice of the petition, the clerk of the circuit court |
shall set a date for hearing after the 90 day objection period. |
At the hearing the court shall hear evidence on whether the |
expungement should or should not be granted. Unless the State's |
Attorney or prosecutor, the Department of State Police, or an |
arresting agency objects to the expungement within 90 days of |
the notice, the court may enter an order granting expungement. |
The person whose records are to be expunged shall pay the clerk |
of the circuit court a fee equivalent to the cost associated |
with expungement of records by the clerk and the Department of |
State Police. The clerk shall forward a certified copy of the |
|
order to the Department of State Police, the appropriate |
portion of the fee to the Department of State Police for |
processing, and deliver a certified copy of the order to the |
arresting agency.
. |
(3.1) The Notice of Expungement shall be in substantially |
the following form: |
IN THE CIRCUIT COURT OF ....., ILLINOIS
|
.... JUDICIAL CIRCUIT
|
IN THE INTEREST OF ) NO.
|
)
|
)
|
...................)
|
(Name of Petitioner)
|
NOTICE
|
TO: State's Attorney
|
TO: Arresting Agency
|
|
................
|
................
|
|
................
|
................
|
TO: Illinois State Police
|
|
.....................
|
|
.....................
|
ATTENTION: Expungement
|
You are hereby notified that on ....., at ....., in courtroom |
..., located at ..., before the Honorable ..., Judge, or any |
judge sitting in his/her stead, I shall then and there present |
a Petition to Expunge Juvenile records in the above-entitled |
matter, at which time and place you may appear. |
......................
|
|
Petitioner's Signature
|
...........................
|
Petitioner's Street Address
|
.....................
|
City, State, Zip Code
|
.............................
|
Petitioner's Telephone Number
|
PROOF OF SERVICE
|
On the ....... day of ......, 20..., I on oath state that I |
served this notice and true and correct copies of the |
above-checked documents by: |
(Check One:) |
delivering copies personally to each entity to whom they are |
directed; |
or |
by mailing copies to each entity to whom they are directed by |
depositing the same in the U.S. Mail, proper postage fully |
prepaid, before the hour of 5:00 p.m., at the United States |
Postal Depository located at ................. |
.........................................
|
|
Signature |
Clerk of the Circuit Court or Deputy Clerk
|
Printed Name of Delinquent Minor/Petitioner: .... |
Address: ........................................ |
Telephone Number: ............................... |
(3.2) The Order of Expungement shall be in substantially |
the following form: |
IN THE CIRCUIT COURT OF ....., ILLINOIS
|
.... JUDICIAL CIRCUIT
|
IN THE INTEREST OF ) NO.
|
)
|
)
|
...................)
|
(Name of Petitioner)
|
|
DOB ................ |
Arresting Agency/Agencies ...... |
ORDER OF EXPUNGEMENT
|
(705 ILCS 405/5-915 (SUBSECTION 3))
|
This matter having been heard on the petitioner's motion and |
the court being fully advised in the premises does find that |
the petitioner is indigent or has presented reasonable cause to |
waive all costs in this matter, IT IS HEREBY ORDERED that: |
( ) 1. Clerk of Court and Department of State Police costs |
are hereby waived in this matter. |
( ) 2. The Illinois State Police Bureau of Identification |
and the following law enforcement agencies expunge all records |
of petitioner relating to an arrest dated ...... for the |
offense of ...... |
Law Enforcement Agencies:
|
.........................
|
.........................
|
( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit |
Court expunge all records regarding the above-captioned case. |
ENTER: ......................
|
|
JUDGE |
DATED: ....... |
Name:
|
Attorney for:
|
Address:
City/State/Zip:
|
Attorney Number: |
(3.3) The Notice of Objection shall be in substantially the |
following form: |
IN THE CIRCUIT COURT OF ....., ILLINOIS
|
....................... JUDICIAL CIRCUIT
|
IN THE INTEREST OF ) NO.
|
)
|
)
|
|
...................)
|
(Name of Petitioner)
|
NOTICE OF OBJECTION
|
TO:(Attorney, Public Defender, Minor)
|
.................................
|
.................................
|
TO:(Illinois State Police)
|
.................................
|
................................. |
TO:(Clerk of the Court)
|
.................................
|
.................................
|
TO:(Judge)
|
.................................
|
.................................
|
TO:(Arresting Agency/Agencies)
|
.................................
|
................................. |
ATTENTION:
You are hereby notified that an objection has been |
filed by the following entity regarding the above-named minor's |
petition for expungement of juvenile records: |
( ) State's Attorney's Office;
|
( ) Prosecutor (other than State's Attorney's Office) charged |
with the duty of prosecuting the offense sought to be expunged;
|
( ) Department of Illinois State Police; or
|
( ) Arresting Agency or Agencies.
|
The agency checked above respectfully requests that this case |
be continued and set for hearing on whether the expungement |
should or should not be granted.
|
DATED: ....... |
Name: |
Attorney For:
|
Address: |
City/State/Zip:
|
Telephone:
|
|
Attorney No.:
|
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
|
This matter has been set for hearing on the foregoing |
objection, on ...... in room ...., located at ....., before the |
Honorable ....., Judge, or any judge sitting in his/her stead.
|
(Only one hearing shall be set, regardless of the number of |
Notices of Objection received on the same case).
|
A copy of this completed Notice of Objection containing the |
court date, time, and location, has been sent via regular U.S. |
Mail to the following entities. (If more than one Notice of |
Objection is received on the same case, each one must be |
completed with the court date, time and location and mailed to |
the following entities):
|
( ) Attorney, Public Defender or Minor;
|
( ) State's Attorney's Office; |
( ) Prosecutor (other than State's Attorney's Office) charged |
with the duty of prosecuting the offense sought to be expunged; |
( ) Department of Illinois State Police; and |
( ) Arresting agency or agencies.
|
Date: ...... |
Initials of Clerk completing this section: .....
|
(4) Upon entry of an order expunging records or files, the |
offense, which
the records or files concern shall be treated as |
if it never occurred. Law
enforcement officers and other public |
offices and agencies shall properly reply
on inquiry that no |
record or file exists with respect to the
person.
|
(5) Records which have not been expunged are sealed, and |
may be obtained
only under the provisions of Sections 5-901, |
5-905 and 5-915.
|
(6) Nothing in this Section shall be construed to prohibit |
the maintenance
of information relating to an offense after |
records or files concerning the
offense have been expunged if |
the information is kept in a manner that does not
enable |
identification of the offender. This information may only be |
used for
statistical and bona fide research purposes. |
(7)(a) The State Appellate Defender shall establish, |
|
maintain, and carry out, by December 31, 2004, a juvenile |
expungement program
to provide information and assistance to |
minors eligible to have their juvenile records expunged.
|
(b) The State Appellate Defender shall develop brochures, |
pamphlets, and
other
materials in
printed form and through the |
agency's World Wide Web site. The pamphlets and
other materials |
shall
include at a minimum the following information:
|
(i) An explanation of the State's juvenile expungement |
process; |
(ii) The circumstances under which juvenile |
expungement may occur; |
(iii) The juvenile offenses that may be expunged; |
(iv) The steps necessary to initiate and complete the |
juvenile expungement process;
and |
(v) Directions on how to contact the State Appellate |
Defender. |
(c) The State Appellate Defender shall establish and |
maintain a statewide
toll-free telephone
number that a person |
may use to receive information or assistance concerning
the |
expungement of juvenile records. The State Appellate
Defender |
shall advertise
the toll-free telephone number statewide. The |
State Appellate Defender shall
develop an expungement
|
information packet that may be sent to eligible persons seeking |
expungement of
their juvenile records,
which may include, but |
is not limited to, a pre-printed expungement petition
with |
instructions on how
to complete the petition and a pamphlet |
containing information that would
assist individuals through
|
the juvenile expungement process. |
(d) The State Appellate Defender shall compile a statewide |
list of volunteer
attorneys willing
to assist eligible |
individuals through the juvenile expungement process. |
(e) This Section shall be implemented from funds |
appropriated by the General
Assembly to the State
Appellate |
Defender
for this purpose. The State Appellate Defender shall |
employ the necessary staff
and adopt the
necessary rules for |
implementation of this Section. |
|
(8)(a) Except with respect to law enforcement agencies, the |
Department of Corrections, State's Attorneys, or other |
prosecutors, an expunged juvenile record may not be considered |
by any private or public entity in employment matters, |
certification, licensing, revocation of certification or |
licensure, or registration. Applications for employment must |
contain specific language that states that the applicant is not |
obligated to disclose expunged juvenile records of conviction |
or arrest. Employers may not ask if an applicant has had a |
juvenile record expunged. Effective January 1, 2005, the |
Department of Labor shall develop a link on the Department's |
website to inform employers that employers may not ask if an |
applicant had a juvenile record expunged and that application |
for employment must contain specific language that states that |
the applicant is not obligated to disclose expunged juvenile |
records of arrest or conviction. |
(b) A person whose juvenile records have been expunged is |
not entitled to remission of any fines, costs, or other money |
paid as a consequence of expungement. This amendatory Act of |
the 93rd General Assembly does not affect the right of the |
victim of a crime to prosecute or defend a civil action for |
damages.
|
(Source: P.A. 93-912, eff. 8-12-04; revised 10-14-04.)
|
Section 21. The Rights of Crime Victims and Witnesses Act |
is amended by changing Sections 4.5, 5, 8.5, and 9 as follows:
|
(725 ILCS 120/4.5)
|
Sec. 4.5. Procedures to implement the rights of crime |
victims. To afford
crime victims their rights, law enforcement, |
prosecutors, judges and
corrections will provide information, |
as appropriate of the following
procedures:
|
(a) At the request of the crime victim, law enforcement |
authorities
investigating the case shall provide notice of the |
status of the investigation,
except where the State's Attorney |
determines that disclosure of such
information would |
|
unreasonably interfere with the investigation, until such
time |
as the alleged assailant is apprehended or the investigation is |
closed.
|
(b) The office of the State's Attorney:
|
(1) shall provide notice of the filing of information, |
the return of an
indictment by which a prosecution for any |
violent crime is commenced, or the
filing of a petition to |
adjudicate a minor as a delinquent for a violent
crime;
|
(2) shall provide notice of the date, time, and place |
of trial;
|
(3) or victim advocate personnel shall provide |
information of social
services and financial assistance |
available for victims of crime, including
information of |
how to apply for these services and assistance;
|
(4) shall assist in having any stolen or other personal |
property held by
law enforcement authorities for |
evidentiary or other purposes returned as
expeditiously as |
possible, pursuant to the procedures set out in Section |
115-9
of the Code of Criminal Procedure of 1963;
|
(5) or victim advocate personnel shall provide |
appropriate employer
intercession services to ensure that |
employers of victims will cooperate with
the criminal |
justice system in order to minimize an employee's loss of |
pay and
other benefits resulting from court appearances;
|
(6) shall provide information whenever possible, of a |
secure waiting
area during court proceedings that does not |
require victims to be in close
proximity to defendant or |
juveniles accused of a violent crime, and their
families |
and friends;
|
(7) shall provide notice to the crime victim of the |
right to have a
translator present at all court |
proceedings;
|
(8) in the case of the death of a person, which death |
occurred in the same
transaction or occurrence in which |
acts occurred for which a defendant is
charged with an |
offense, shall notify the spouse, parent, child or sibling |
|
of
the decedent of the date of the trial of the person or |
persons allegedly
responsible for the death;
|
(9) shall inform the victim of the right to have |
present at all court
proceedings, subject to the rules of |
evidence, an advocate or other support
person of the |
victim's choice, and the right to retain an attorney, at |
the
victim's own expense, who, upon written notice filed |
with the clerk of the
court and State's Attorney, is to |
receive copies of all notices, motions and
court orders |
filed thereafter in the case, in the same manner as if the |
victim
were a named party in the case; and
|
(10) at the sentencing hearing shall make a good faith |
attempt to explain
the minimum amount of time during which |
the defendant may actually be
physically imprisoned. The |
Office of the State's Attorney shall further notify
the |
crime victim of the right to request from the Prisoner |
Review Board
information concerning the release of the |
defendant under subparagraph (d)(1)
of this Section; and
|
(11) shall request restitution at sentencing and shall |
consider
restitution in any plea negotiation, as provided |
by law.
|
(c) At the written request of the crime victim, the office |
of the State's
Attorney shall:
|
(1) provide notice a reasonable time in advance of the |
following court
proceedings: preliminary hearing, any |
hearing the effect of which may be the
release of defendant |
from custody, or to alter the conditions of bond and the
|
sentencing hearing. The crime victim shall also be notified |
of the
cancellation of the court proceeding in sufficient |
time, wherever possible, to
prevent an unnecessary |
appearance in court;
|
(2) provide notice within a reasonable time after |
receipt of notice from
the custodian, of the release of the |
defendant on bail or personal recognizance
or the release |
from detention of a minor who has been detained for a |
violent
crime;
|
|
(3) explain in nontechnical language the details of any |
plea or verdict of
a defendant, or any adjudication of a |
juvenile as a delinquent for a violent
crime;
|
(4) where practical, consult with the crime victim |
before the Office of
the State's Attorney makes an offer of |
a plea bargain to the defendant or
enters into negotiations |
with the defendant concerning a possible plea
agreement, |
and shall consider the written victim impact statement, if |
prepared
prior to entering into a plea agreement;
|
(5) provide notice of the ultimate disposition of the |
cases arising from
an indictment or an information, or a |
petition to have a juvenile adjudicated
as a delinquent for |
a violent crime;
|
(6) provide notice of any appeal taken by the defendant |
and information
on how to contact the appropriate agency |
handling the appeal;
|
(7) provide notice of any request for post-conviction |
review filed by the
defendant under Article 122 of the Code |
of Criminal Procedure of 1963, and of
the date, time and |
place of any hearing concerning the petition. Whenever
|
possible, notice of the hearing shall be given in advance;
|
(8) forward a copy of any statement presented under |
Section 6 to the
Prisoner Review Board to be considered by |
the Board in making its determination
under subsection (b) |
of Section 3-3-8 of the Unified Code of Corrections.
|
(d) (1) The Prisoner Review Board shall inform a victim or |
any other
concerned citizen, upon written request, of the |
prisoner's release on parole,
mandatory supervised release, |
electronic detention, work release or by the
custodian of the |
discharge of any individual who was adjudicated a delinquent
|
for a violent crime from State custody and by the sheriff of |
the appropriate
county of any such person's final discharge |
from county custody.
The Prisoner Review Board, upon written |
request, shall provide to a victim or
any other concerned |
citizen a recent photograph of any person convicted of a
|
felony, upon his or her release from custody.
The Prisoner
|
|
Review Board, upon written request, shall inform a victim or |
any other
concerned citizen when feasible at least 7 days prior |
to the prisoner's release
on furlough of the times and dates of |
such furlough. Upon written request by
the victim or any other |
concerned citizen, the State's Attorney shall notify
the person |
once of the times and dates of release of a prisoner sentenced |
to
periodic imprisonment. Notification shall be based on the |
most recent
information as to victim's or other concerned |
citizen's residence or other
location available to the |
notifying authority.
For purposes of this paragraph (1) of |
subsection (d), "concerned citizen"
includes relatives of the |
victim, friends of the victim, witnesses to the
crime, or any |
other person associated with the victim or prisoner.
|
(2) When the defendant has been committed to the |
Department of
Human Services pursuant to Section 5-2-4 or |
any other
provision of the Unified Code of Corrections, the |
victim may request to be
notified by the releasing |
authority of the defendant's discharge from State
custody.
|
(3) In the event of an escape from State custody, the |
Department of
Corrections or the Department of Juvenile |
Justice immediately shall notify the Prisoner Review Board |
of the escape
and the Prisoner Review Board shall notify |
the victim. The notification shall
be based upon the most |
recent information as to the victim's residence or other
|
location available to the Board. When no such information |
is available, the
Board shall make all reasonable efforts |
to obtain the information and make
the notification. When |
the escapee is apprehended, the Department of
Corrections |
or the Department of Juvenile Justice immediately shall |
notify the Prisoner Review Board and the Board
shall notify |
the victim.
|
(4) The victim of the crime for which the prisoner has |
been sentenced
shall receive reasonable written notice not |
less than 15 days prior to the
parole hearing and may |
submit, in writing, on film, videotape or other
electronic |
means or in the form of a recording or in person at the |
|
parole
hearing
or if a victim of a violent crime, by |
calling the
toll-free number established in subsection (f) |
of this Section, information
for
consideration by the |
Prisoner Review Board. The
victim shall be notified within |
7 days after the prisoner has been granted
parole and shall |
be informed of the right to inspect the registry of parole
|
decisions, established under subsection (g) of Section |
3-3-5 of the Unified
Code of Corrections. The provisions of |
this paragraph (4) are subject to the
Open Parole Hearings |
Act.
|
(5) If a statement is presented under Section 6, the |
Prisoner Review Board
shall inform the victim of any order |
of discharge entered by the Board pursuant
to Section 3-3-8 |
of the Unified Code of Corrections.
|
(6) At the written request of the victim of the crime |
for which the
prisoner was sentenced, the Prisoner Review |
Board shall notify the victim of
the death of the prisoner |
if the prisoner died while on parole or mandatory
|
supervised release.
|
(7) When a defendant who has been committed to the |
Department of
Corrections, the Department of Juvenile |
Justice, or the Department of Human Services is released or |
discharged and
subsequently committed to the Department of |
Human Services as a sexually
violent person and the victim |
had requested to be notified by the releasing
authority of |
the defendant's discharge from State custody, the |
releasing
authority shall provide to the Department of |
Human Services such information
that would allow the |
Department of Human Services to contact the victim.
|
(e) The officials named in this Section may satisfy some or |
all of their
obligations to provide notices and other |
information through participation in a
statewide victim and |
witness notification system established by the Attorney
|
General under Section 8.5 of this Act.
|
(f) To permit a victim of a violent crime to provide |
information to the
Prisoner Review Board for consideration by |
|
the
Board at a parole hearing of a person who committed the |
crime against
the victim in accordance with clause (d)(4) of |
this Section or at a proceeding
to determine the conditions of |
mandatory supervised release of a person
sentenced to a |
determinate sentence or at a hearing on revocation of mandatory
|
supervised release of a person sentenced to a determinate |
sentence, the Board
shall establish a toll-free number that may |
be accessed by the victim of
a violent crime to present that |
information to the Board.
|
(Source: P.A. 93-235, eff. 7-22-03.)
|
(725 ILCS 120/5) (from Ch. 38, par. 1405)
|
Sec. 5. Rights of Witnesses.
|
(a) Witnesses as defined in subsection (b) of
Section 3 of |
this Act shall have the following rights:
|
(1) to be notified by the Office of the State's |
Attorney of all court
proceedings at which the witness' |
presence is required in a reasonable
amount of time prior |
to the proceeding, and to be notified of the
cancellation |
of any scheduled court proceeding in sufficient time to
|
prevent an unnecessary appearance in court, where |
possible;
|
(2) to be provided with appropriate employer |
intercession services by
the Office of the State's Attorney |
or the victim advocate personnel to
ensure
that employers |
of witnesses will cooperate with the criminal justice |
system
in order to minimize an employee's loss of pay and |
other benefits resulting
from court appearances;
|
(3) to be provided, whenever possible, a secure waiting |
area during
court proceedings that does not require |
witnesses to be in close proximity
to defendants and their |
families and friends;
|
(4) to be provided with notice by the Office of the |
State's Attorney,
where necessary, of the right to have a |
translator
present whenever the witness' presence is |
required.
|
|
(b) At the written request of the witness, the witness |
shall:
|
(1) receive notice from the office of the State's |
Attorney of any request
for post-conviction review filed by |
the defendant under Article 122 of the Code
of Criminal |
Procedure of 1963, and of the date, time, and place of any |
hearing
concerning the petition for post-conviction |
review; whenever possible, notice
of the hearing on the |
petition shall be given in advance;
|
(2) receive notice by the releasing authority of the |
defendant's discharge
from State custody if the defendant |
was committed to the Department of Human Services under |
Section 5-2-4 or any other
provision of the Unified Code of |
Corrections;
|
(3) receive notice from the Prisoner Review Board of |
the prisoner's escape
from State custody, after the Board |
has been notified of the escape by the
Department of |
Corrections or the Department of Juvenile Justice;
when the |
escapee is apprehended, the Department of Corrections or |
the Department of Juvenile Justice shall
immediately |
notify the Prisoner Review Board and the Board shall notify |
the
witness;
|
(4) receive notice from the Prisoner Review Board of |
the prisoner's
release on parole, electronic detention, |
work release or mandatory supervised
release and of the |
prisoner's final
discharge from parole, electronic |
detention, work release, or mandatory
supervised release.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(725 ILCS 120/8.5)
|
Sec. 8.5. Statewide victim and witness notification |
system.
|
(a) The Attorney General may establish a crime victim and |
witness
notification system to assist public officials in |
carrying out their
duties to notify and inform crime victims |
and witnesses under Section 4.5 of
this Act as the Attorney |
|
General specifies by rule. The system shall download
necessary
|
information from participating officials into its computers, |
where it shall be
maintained, updated, and automatically |
transmitted to victims and witnesses by
telephone, computer, or |
written notice.
|
(b) The Illinois Department of Corrections, the Department |
of Juvenile Justice, the Department of Human
Services, and the |
Prisoner Review Board shall cooperate with the Attorney
General |
in the implementation of this Section and shall provide |
information as
necessary to the effective operation of the |
system.
|
(c) State's attorneys, circuit court clerks, and local law |
enforcement
and correctional authorities
may enter into |
agreements with the Attorney General for participation in the
|
system. The Attorney General may provide those who elect to |
participate with
the equipment, software, or training |
necessary to bring their offices into the
system.
|
(d) The provision of information to crime victims and |
witnesses through the
Attorney General's notification system
|
satisfies a given State or local official's corresponding |
obligation under
Section 4.5 to provide the information.
|
(e) The Attorney General may provide for telephonic, |
electronic, or other
public access to the database established |
under this Section.
|
(f) The Attorney General shall adopt rules as necessary to |
implement this
Section. The rules shall include, but not be |
limited to, provisions for the
scope and operation of any |
system the Attorney General may establish
and procedures, |
requirements,
and standards for entering into agreements to |
participate in the system and to
receive equipment, software, |
or training.
|
(g) There is established in the Office of the Attorney |
General a Crime
Victim and Witness Notification Advisory
|
Committee consisting of those victims advocates, sheriffs,
|
State's Attorneys, circuit court clerks, Illinois Department |
of
Corrections, the Department of Juvenile Justice, and |
|
Prisoner Review
Board
employees that the Attorney General
|
chooses to appoint. The Attorney General shall designate one |
member to chair
the Committee.
|
(1) The Committee shall consult with and advise the |
Attorney General as to
the exercise of the Attorney |
General's authority under this Section, including,
but not |
limited
to:
|
(i) the design, scope, and operation of the |
notification system;
|
(ii) the content of any rules adopted to implement |
this Section;
|
(iii) the procurement of hardware, software, and
|
support for the system, including choice of supplier or |
operator; and
|
(iv) the acceptance of agreements with and the |
award of equipment,
software, or training to officials |
that seek to participate in the system.
|
(2) The Committee shall review the status and operation |
of the system and
report any findings and recommendations |
for changes to the Attorney General and
the General |
Assembly by November 1 of each year.
|
(3) The members of the Committee shall receive no |
compensation for their
services as members of the |
Committee, but may be reimbursed for their actual
expenses |
incurred in serving on the Committee.
|
(Source: P.A. 93-258, eff. 1-1-04.)
|
(725 ILCS 120/9) (from Ch. 38, par. 1408)
|
Sec. 9. This Act does not limit any rights or |
responsibilities otherwise
enjoyed by or imposed upon victims |
or witnesses of violent crime, nor does it
grant any person a |
cause of action for damages or attorneys fees. Any act of
|
omission or commission by any law enforcement officer, circuit |
court clerk,
or
State's
Attorney, by the Attorney General, |
Prisoner Review Board, Department of
Corrections,
the |
Department of Juvenile Justice, Department of Human Services, |
|
or other State agency, or private entity under
contract |
pursuant to Section 8, or by any employee of any
State agency |
or private entity under contract pursuant to Section 8 acting
|
in good faith in rendering crime victim's assistance or
|
otherwise enforcing this Act shall not impose civil liability |
upon the
individual or entity or his or her supervisor or |
employer. Nothing in this Act
shall create a basis for vacating |
a conviction or a ground for appellate relief
in any criminal |
case. Failure of the crime victim to receive notice as
|
required, however, shall not deprive the court of the power to |
act regarding
the proceeding before it; nor shall any such |
failure grant the defendant the
right to seek a continuance.
|
(Source: P.A. 93-258, eff. 1-1-04.)
|
Section 22. The Sexually Violent Persons Commitment Act is |
amended by changing Sections 15 and 75 as follows:
|
(725 ILCS 207/15)
|
Sec. 15. Sexually violent person petition; contents; |
filing.
|
(a) A petition alleging that a person is a sexually violent
|
person may be filed by:
|
(1) The Attorney General, at the request of the agency |
with
jurisdiction over the person, as defined in subsection |
(a) of Section 10 of
this Act, or on his or her own motion. |
If the Attorney General, after
consulting with and advising |
the State's Attorney of the county
referenced in paragraph |
(a)(2) of this Section, decides to file a
petition under |
this Section, he or she shall file the petition before the
|
date of the release or discharge of the person
or within 30 |
days of placement onto parole or mandatory supervised |
release
for an offense enumerated in paragraph (e) of |
Section 5 of this Act.
|
(2) If the Attorney General does not file a petition |
under
this Section, the State's Attorney
of the county in |
which the
person was convicted of a sexually violent |
|
offense, adjudicated
delinquent for a sexually violent |
offense or found not guilty of
or not responsible for a |
sexually violent offense by reason of
insanity, mental |
disease, or mental defect may file a petition.
|
(3) The Attorney General and the State's Attorney
|
referenced in paragraph (a)(2) of this Section jointly.
|
(b) A petition filed under this Section shall allege that |
all of the
following apply to the person alleged to be a |
sexually violent person:
|
(1) The person satisfies any of the following criteria:
|
(A) The person has been convicted of a sexually |
violent offense;
|
(B) The person has been found delinquent for a |
sexually
violent offense; or
|
(C) The person has been found not guilty of a |
sexually
violent offense by reason of insanity, mental |
disease, or mental
defect.
|
(2) (Blank).
|
(3) (Blank).
|
(4) The person has a mental disorder.
|
(5) The person is dangerous to others because the |
person's
mental disorder creates a substantial probability |
that he or she
will engage in acts of sexual violence.
|
(b-5) The petition must be filed:
|
(1) No more than 90 days before discharge or entry into |
mandatory
supervised release from a Department of |
Corrections correctional facility for
a sentence that was |
imposed upon a conviction for a sexually violent offense,
|
or for a sentence that is being served concurrently or |
consecutively with a
sexually violent offense, and no more |
than 30 days after the person's entry
into parole or |
mandatory supervised release; or
|
(2) No more than 90 days before discharge or release:
|
(A) from a Department of Juvenile Justice
|
Corrections juvenile correctional facility if
the |
person was placed in the facility for being adjudicated |
|
delinquent under
Section 5-20 of the Juvenile Court Act |
of 1987 or found guilty
under Section 5-620 of that Act |
on the basis of a sexually violent offense; or
|
(B) from a commitment order that was entered as a |
result of a sexually
violent offense.
|
(c) A petition filed under this Section shall state with
|
particularity essential facts to establish probable cause to
|
believe the person is a sexually violent person. If the |
petition
alleges that a sexually violent offense or act that is |
a basis for
the allegation under paragraph (b)(1) of this |
Section was an act
that was sexually motivated as provided |
under paragraph (e)(2) of Section
5 of this Act, the petition |
shall state the grounds on which the
offense or act is alleged |
to be sexually motivated.
|
(d) A petition under this Section shall be filed in either |
of
the following:
|
(1) The circuit court for the county in which the |
person was
convicted of a sexually violent offense, |
adjudicated delinquent
for a sexually violent offense or |
found not guilty of a sexually
violent offense by reason of |
insanity, mental disease or mental
defect.
|
(2) The circuit court for the county in which the |
person is
in custody under a sentence, a placement to a |
Department of
Corrections correctional facility or a |
Department of Juvenile Justice juvenile correctional
|
facility, or a commitment order.
|
(Source: P.A. 91-227, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, |
eff.
6-28-01.)
|
(725 ILCS 207/75)
|
Sec. 75. Notice concerning conditional release,
discharge, |
escape, death, or court-ordered change in the custody status of |
a detainee or civilly committed sexually violent person.
|
(a) As used in this Section, the term:
|
(1) "Act of sexual violence" means an act or attempted |
act
that is a basis for an allegation made in a petition |
|
under paragraph (b)(1) of
Section
15 of this Act.
|
(2) "Member of the family" means spouse, child, |
sibling,
parent, or legal guardian.
|
(3) "Victim" means a person against whom an act of |
sexual
violence has been committed.
|
(b) If the court places a civilly committed sexually |
violent person on conditional release under
Section 40 or 60 of |
this Act or discharges a person under Section
65, or if a |
detainee or civilly committed sexually violent person escapes, |
dies, or is subject to any court-ordered change in custody |
status of the detainee or sexually violent person, the |
Department shall make a reasonable attempt, if he or she can be |
found, to notify all of the following who have requested
|
notification under this Act or under the Rights of Crime |
Victims and Witnesses
Act:
|
(1) Whichever of the following persons is appropriate |
in
accordance with the provisions of subsection (a)(3):
|
(A) The victim of the act of sexual violence.
|
(B) An adult member of the victim's family, if the |
victim
died as a result of the act of sexual violence.
|
(C) The victim's parent or legal guardian, if the |
victim
is younger than 18 years old.
|
(2) The Department of Corrections or the Department of |
Juvenile Justice.
|
(c) The notice under subsection (b) of this Section shall
|
inform the Department of Corrections or the Department of |
Juvenile Justice and the person notified under
paragraph (b)(1) |
of this Section of the name of
the person committed under this |
Act and the date the person is
placed on conditional release, |
discharged, or if a detainee or civilly committed sexually |
violent person escapes, dies, or is subject to any |
court-ordered change in the custody status of the detainee or |
sexually violent person. The Department shall
send the notice, |
postmarked at least 7 days before the date the
person committed |
under this Act is placed on conditional release, discharged, or |
if a detainee or civilly committed sexually violent person |
|
escapes, dies, or is subject to any court-ordered change in the |
custody status of the detainee or sexually violent person, |
unless unusual circumstances do not permit advance written |
notification, to the Department of Corrections or the |
Department of Juvenile Justice and the last-known
address of |
the person notified under paragraph
(b)(1) of this Section.
|
(d) The Department shall design and prepare cards for |
persons
specified in paragraph (b)(1) of this Section to send |
to the
Department. The cards shall have space for these persons |
to
provide their names and addresses, the name of the person
|
committed under this Act and any other information the |
Department
determines is necessary. The Department shall |
provide the cards,
without charge, to the Attorney General and |
State's Attorneys.
The Attorney General and State's Attorneys |
shall provide the
cards, without charge, to persons specified |
in paragraph (b)(1)
of this Section. These persons may send |
completed cards to the
Department. All records or portions of |
records of the Department
that relate to mailing addresses of |
these persons are not subject
to inspection or copying under |
Section 3 of the Freedom of
Information Act.
|
(Source: P.A. 93-885, eff. 8-6-04.)
|
Section 25. The Unified Code of Corrections is amended by |
adding Article 2.5 to Chapter III and by changing Sections |
3-1-2, 3-2-2, 3-2-5, 3-2-6, 3-3-3, 3-3-4, 3-3-5, 3-3-9, 3-4-3, |
3-5-1, 3-5-3.1, 3-6-2, 3-9-1, 3-9-2, 3-9-3, 3-9-4, 3-9-5, |
3-9-6, 3-9-7, 3-10-1, 3-10-2, 3-10-3, 3-10-4, 3-10-5, 3-10-6, |
3-10-7, 3-10-8, 3-10-9, 3-10-10, 3-10-11, 3-10-12, 3-10-13, |
3-15-2, 3-16-5, and 5-8-6 and the heading of Article 9 of |
Chapter III as follows:
|
(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
|
Sec. 3-1-2. Definitions. |
(a) "Chief Administrative Officer" means the
person |
designated by the Director to exercise the powers and duties of |
the
Department of Corrections in regard to committed persons |
|
within
a correctional institution or facility, and includes the
|
superintendent of any juvenile institution or facility.
|
(a-5) "Sex offense" for the purposes of paragraph (16) of |
subsection (a) of Section 3-3-7, paragraph (10) of subsection |
(a) of Section 5-6-3, and paragraph (18) of subsection (c) of |
Section 5-6-3.1 only means: |
(i) A violation of any of the following Sections of the |
Criminal Code of
1961: 10-7 (aiding and abetting child |
abduction under Section 10-5(b)(10)),
10-5(b)(10) (child |
luring), 11-6 (indecent solicitation of a child), 11-6.5
|
(indecent solicitation of an adult),
11-15.1 (soliciting |
for a juvenile
prostitute), 11-17.1 (keeping a place of |
juvenile prostitution), 11-18.1
(patronizing a juvenile |
prostitute), 11-19.1 (juvenile pimping),
11-19.2 |
(exploitation of a child), 11-20.1 (child pornography), |
12-14.1
(predatory criminal sexual assault of a child), or |
12-33 (ritualized abuse of a
child). An attempt to commit |
any of
these offenses. |
(ii) A violation of any of the following Sections of |
the Criminal Code
of 1961: 12-13 (criminal
sexual assault), |
12-14 (aggravated criminal sexual assault), 12-16 |
(aggravated criminal sexual abuse), and subsection (a) of |
Section 12-15
(criminal sexual abuse). An attempt to commit
|
any of these offenses. |
(iii) A violation of any of the following Sections of |
the Criminal Code
of 1961 when the defendant is
not a |
parent of the victim: |
10-1 (kidnapping),
|
10-2 (aggravated kidnapping), |
10-3 (unlawful restraint),
|
10-3.1 (aggravated unlawful restraint). |
An attempt to commit any of these offenses. |
(iv) A violation of any former law of this State |
substantially
equivalent to any offense listed in this |
subsection (a-5). |
An offense violating federal law or the law of another |
|
state
that is substantially equivalent to any offense listed in |
this
subsection (a-5) shall constitute a sex offense for the |
purpose of
this subsection (a-5). A finding or adjudication as |
a sexually dangerous person under
any federal law or law of |
another state that is substantially equivalent to the
Sexually |
Dangerous Persons Act shall constitute an adjudication for a |
sex offense for the
purposes of this subsection (a-5).
|
(b) "Commitment" means a judicially determined placement
|
in the custody of the Department of Corrections on the basis of
|
delinquency or conviction.
|
(c) "Committed Person" is a person committed to the |
Department,
however a committed person shall not be considered |
to be an employee of
the Department of Corrections for any |
purpose, including eligibility for
a pension, benefits, or any |
other compensation or rights or privileges which
may be |
provided to employees of the Department.
|
(d) "Correctional Institution or Facility" means any |
building or
part of a building where committed persons are kept |
in a secured manner.
|
(e) In the case of functions performed before the effective |
date of this amendatory Act of the 94th General Assembly, |
"Department" means the Department of Corrections of this State. |
In the case of functions performed on or after the effective |
date of this amendatory Act of the 94th General Assembly, |
"Department" has the meaning ascribed to it in subsection |
(f-5).
|
(f) In the case of functions performed before the effective |
date of this amendatory Act of the 94th General Assembly, |
"Director" means the Director of the Department of Corrections. |
In the case of functions performed on or after the effective |
date of this amendatory Act of the 94th General Assembly, |
"Director" has the meaning ascribed to it in subsection (f-5).
|
(f-5) In the case of functions performed on or after the |
effective date of this amendatory Act of the 94th General |
Assembly, references to "Department" or "Director" refer to |
either the Department of Corrections or the Director of |
|
Corrections or to the Department of Juvenile Justice or the |
Director of Juvenile Justice unless the context is specific to |
the Department of Juvenile Justice or the Director of Juvenile |
Justice.
|
(g) "Discharge" means the final termination of a commitment
|
to the Department of Corrections.
|
(h) "Discipline" means the rules and regulations for the
|
maintenance of order and the protection of persons and property
|
within the institutions and facilities of the Department and
|
their enforcement.
|
(i) "Escape" means the intentional and unauthorized |
absence
of a committed person from the custody of the |
Department.
|
(j) "Furlough" means an authorized leave of absence from |
the
Department of Corrections for a designated purpose and |
period of time.
|
(k) "Parole" means the conditional and revocable release
of |
a committed person under the supervision of a parole officer.
|
(l) "Prisoner Review Board" means the Board established in
|
Section 3-3-1(a), independent of the Department, to review
|
rules and regulations with respect to good time credits, to
|
hear charges brought by the Department against certain |
prisoners
alleged to have violated Department rules with |
respect to good
time credits, to set release dates for certain |
prisoners
sentenced under the law in effect prior to the |
effective
date of this Amendatory Act of 1977, to hear requests |
and
make recommendations to the Governor with respect to |
pardon,
reprieve or commutation, to set conditions for parole |
and
mandatory supervised release and determine whether |
violations
of those conditions justify revocation of parole or |
release,
and to assume all other functions previously exercised |
by the
Illinois Parole and Pardon Board.
|
(m) Whenever medical treatment, service, counseling, or
|
care is referred to in this Unified Code of Corrections,
such |
term may be construed by the Department or Court, within
its |
discretion, to include treatment, service or counseling by
a |
|
Christian Science practitioner or nursing care appropriate
|
therewith whenever request therefor is made by a person subject
|
to the provisions of this Act.
|
(n) "Victim" shall have the meaning ascribed to it in |
subsection (a) of
Section 3 of the Bill of Rights for Victims |
and Witnesses of Violent Crime Act.
|
(Source: P.A. 94-159, eff. 7-11-05.)
|
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
|
Sec. 3-2-2. Powers and Duties of the Department.
|
(1) In addition to the powers, duties and responsibilities |
which are
otherwise provided by law, the Department shall have |
the following powers:
|
(a) To accept persons committed to it by the courts of |
this State for
care, custody, treatment and |
rehabilitation, and to accept federal prisoners and aliens |
over whom the Office of the Federal Detention Trustee is |
authorized to exercise the federal detention function for |
limited purposes and periods of time.
|
(b) To develop and maintain reception and evaluation |
units for purposes
of analyzing the custody and |
rehabilitation needs of persons committed to
it and to |
assign such persons to institutions and programs under its |
control
or transfer them to other appropriate agencies. In |
consultation with the
Department of Alcoholism and |
Substance Abuse (now the Department of Human
Services), the |
Department of Corrections
shall develop a master plan for |
the screening and evaluation of persons
committed to its |
custody who have alcohol or drug abuse problems, and for
|
making appropriate treatment available to such persons; |
the Department
shall report to the General Assembly on such |
plan not later than April 1,
1987. The maintenance and |
implementation of such plan shall be contingent
upon the |
availability of funds.
|
(b-1) To create and implement, on January 1, 2002, a |
pilot
program to
establish the effectiveness of |
|
pupillometer technology (the measurement of the
pupil's
|
reaction to light) as an alternative to a urine test for |
purposes of screening
and evaluating
persons committed to |
its custody who have alcohol or drug problems. The
pilot |
program shall require the pupillometer technology to be |
used in at
least one Department of
Corrections facility. |
The Director may expand the pilot program to include an
|
additional facility or
facilities as he or she deems |
appropriate.
A minimum of 4,000 tests shall be included in |
the pilot program.
The
Department must report to the
|
General Assembly on the
effectiveness of the program by |
January 1, 2003.
|
(b-5) To develop, in consultation with the Department |
of State Police, a
program for tracking and evaluating each |
inmate from commitment through release
for recording his or |
her gang affiliations, activities, or ranks.
|
(c) To maintain and administer all State correctional |
institutions and
facilities under its control and to |
establish new ones as needed. Pursuant
to its power to |
establish new institutions and facilities, the Department
|
may, with the written approval of the Governor, authorize |
the Department of
Central Management Services to enter into |
an agreement of the type
described in subsection (d) of |
Section 405-300 of the
Department
of Central Management |
Services Law (20 ILCS 405/405-300). The Department shall
|
designate those institutions which
shall constitute the |
State Penitentiary System.
|
Pursuant to its power to establish new institutions and |
facilities, the
Department may authorize the Department of |
Central Management Services to
accept bids from counties |
and municipalities for the construction,
remodeling or |
conversion of a structure to be leased to the Department of
|
Corrections for the purposes of its serving as a |
correctional institution
or facility. Such construction, |
remodeling or conversion may be financed
with revenue bonds |
issued pursuant to the Industrial Building Revenue Bond
Act |
|
by the municipality or county. The lease specified in a bid |
shall be
for a term of not less than the time needed to |
retire any revenue bonds
used to finance the project, but |
not to exceed 40 years. The lease may
grant to the State |
the option to purchase the structure outright.
|
Upon receipt of the bids, the Department may certify |
one or more of the
bids and shall submit any such bids to |
the General Assembly for approval.
Upon approval of a bid |
by a constitutional majority of both houses of the
General |
Assembly, pursuant to joint resolution, the Department of |
Central
Management Services may enter into an agreement |
with the county or
municipality pursuant to such bid.
|
(c-5) To build and maintain regional juvenile |
detention centers and to
charge a per diem to the counties |
as established by the Department to defray
the costs of |
housing each minor in a center. In this subsection (c-5),
|
"juvenile
detention center" means a facility to house |
minors during pendency of trial who
have been transferred |
from proceedings under the Juvenile Court Act of 1987 to
|
prosecutions under the criminal laws of this State in |
accordance with Section
5-805 of the Juvenile Court Act of |
1987, whether the transfer was by operation
of
law or |
permissive under that Section. The Department shall |
designate the
counties to be served by each regional |
juvenile detention center.
|
(d) To develop and maintain programs of control, |
rehabilitation and
employment of committed persons within |
its institutions.
|
(e) To establish a system of supervision and guidance |
of committed persons
in the community.
|
(f) To establish in cooperation with the Department of |
Transportation
to supply a sufficient number of prisoners |
for use by the Department of
Transportation to clean up the |
trash and garbage along State, county,
township, or |
municipal highways as designated by the Department of
|
Transportation. The Department of Corrections, at the |
|
request of the
Department of Transportation, shall furnish |
such prisoners at least
annually for a period to be agreed |
upon between the Director of
Corrections and the Director |
of Transportation. The prisoners used on this
program shall |
be selected by the Director of Corrections on whatever |
basis
he deems proper in consideration of their term, |
behavior and earned eligibility
to participate in such |
program - where they will be outside of the prison
facility |
but still in the custody of the Department of Corrections. |
Prisoners
convicted of first degree murder, or a Class X |
felony, or armed violence, or
aggravated kidnapping, or |
criminal sexual assault, aggravated criminal sexual
abuse |
or a subsequent conviction for criminal sexual abuse, or |
forcible
detention, or arson, or a prisoner adjudged a |
Habitual Criminal shall not be
eligible for selection to |
participate in such program. The prisoners shall
remain as |
prisoners in the custody of the Department of Corrections |
and such
Department shall furnish whatever security is |
necessary. The Department of
Transportation shall furnish |
trucks and equipment for the highway cleanup
program and |
personnel to supervise and direct the program. Neither the
|
Department of Corrections nor the Department of |
Transportation shall replace
any regular employee with a |
prisoner.
|
(g) To maintain records of persons committed to it and |
to establish
programs of research, statistics and |
planning.
|
(h) To investigate the grievances of any person |
committed to the
Department, to inquire into any alleged |
misconduct by employees
or committed persons, and to |
investigate the assets
of committed persons to implement |
Section 3-7-6 of this Code; and for
these purposes it may |
issue subpoenas and compel the attendance of witnesses
and |
the production of writings and papers, and may examine |
under oath any
witnesses who may appear before it; to also |
investigate alleged violations
of a parolee's or |
|
releasee's conditions of parole or release; and for this
|
purpose it may issue subpoenas and compel the attendance of |
witnesses and
the production of documents only if there is |
reason to believe that such
procedures would provide |
evidence that such violations have occurred.
|
If any person fails to obey a subpoena issued under |
this subsection,
the Director may apply to any circuit |
court to secure compliance with the
subpoena. The failure |
to comply with the order of the court issued in
response |
thereto shall be punishable as contempt of court.
|
(i) To appoint and remove the chief administrative |
officers, and
administer
programs of training and |
development of personnel of the Department. Personnel
|
assigned by the Department to be responsible for the
|
custody and control of committed persons or to investigate |
the alleged
misconduct of committed persons or employees or |
alleged violations of a
parolee's or releasee's conditions |
of parole shall be conservators of the peace
for those |
purposes, and shall have the full power of peace officers |
outside
of the facilities of the Department in the |
protection, arrest, retaking
and reconfining of committed |
persons or where the exercise of such power
is necessary to |
the investigation of such misconduct or violations.
|
(j) To cooperate with other departments and agencies |
and with local
communities for the development of standards |
and programs for better
correctional services in this |
State.
|
(k) To administer all moneys and properties of the |
Department.
|
(l) To report annually to the Governor on the committed
|
persons, institutions and programs of the Department.
|
(l-5) In a confidential annual report to the Governor, |
the Department
shall
identify all inmate gangs by |
specifying each current gang's name, population
and allied |
gangs. The Department shall further specify the number of |
top
leaders identified by the Department for each gang |
|
during the past year, and
the measures taken by the |
Department to segregate each leader from his or her
gang |
and allied gangs. The Department shall further report the |
current status
of leaders identified and segregated in |
previous years. All leaders described
in the report shall |
be identified by inmate number or other designation to
|
enable tracking, auditing, and verification without |
revealing the names of the
leaders. Because this report |
contains law enforcement intelligence information
|
collected by the Department, the report is confidential and |
not subject to
public disclosure.
|
(m) To make all rules and regulations and exercise all |
powers and duties
vested by law in the Department.
|
(n) To establish rules and regulations for |
administering a system of
good conduct credits, |
established in accordance with Section 3-6-3, subject
to |
review by the Prisoner Review Board.
|
(o) To administer the distribution of funds
from the |
State Treasury to reimburse counties where State penal
|
institutions are located for the payment of assistant |
state's attorneys'
salaries under Section 4-2001 of the |
Counties Code.
|
(p) To exchange information with the Department of |
Human Services and the
Illinois Department of Public Aid
|
for the purpose of verifying living arrangements and for |
other purposes
directly connected with the administration |
of this Code and the Illinois
Public Aid Code.
|
(q) To establish a diversion program.
|
The program shall provide a structured environment for |
selected
technical parole or mandatory supervised release |
violators and committed
persons who have violated the rules |
governing their conduct while in work
release. This program |
shall not apply to those persons who have committed
a new |
offense while serving on parole or mandatory supervised |
release or
while committed to work release.
|
Elements of the program shall include, but shall not be |
|
limited to, the
following:
|
(1) The staff of a diversion facility shall provide |
supervision in
accordance with required objectives set |
by the facility.
|
(2) Participants shall be required to maintain |
employment.
|
(3) Each participant shall pay for room and board |
at the facility on a
sliding-scale basis according to |
the participant's income.
|
(4) Each participant shall:
|
(A) provide restitution to victims in |
accordance with any court order;
|
(B) provide financial support to his |
dependents; and
|
(C) make appropriate payments toward any other |
court-ordered
obligations.
|
(5) Each participant shall complete community |
service in addition to
employment.
|
(6) Participants shall take part in such |
counseling, educational and
other programs as the |
Department may deem appropriate.
|
(7) Participants shall submit to drug and alcohol |
screening.
|
(8) The Department shall promulgate rules |
governing the administration
of the program.
|
(r) To enter into intergovernmental cooperation |
agreements under which
persons in the custody of the |
Department may participate in a county impact
|
incarceration program established under Section 3-6038 or |
3-15003.5 of the
Counties Code.
|
(r-5) (Blank).
To enter into intergovernmental |
cooperation agreements under which
minors adjudicated |
delinquent and committed to the Department of Corrections,
|
Juvenile Division, may participate in a county juvenile |
impact incarceration
program established under Section |
3-6039 of the Counties Code.
|
|
(r-10) To systematically and routinely identify with |
respect to each
streetgang active within the correctional |
system: (1) each active gang; (2)
every existing inter-gang |
affiliation or alliance; and (3) the current leaders
in |
each gang. The Department shall promptly segregate leaders |
from inmates who
belong to their gangs and allied gangs. |
"Segregate" means no physical contact
and, to the extent |
possible under the conditions and space available at the
|
correctional facility, prohibition of visual and sound |
communication. For the
purposes of this paragraph (r-10), |
"leaders" means persons who:
|
(i) are members of a criminal streetgang;
|
(ii) with respect to other individuals within the |
streetgang, occupy a
position of organizer, |
supervisor, or other position of management or
|
leadership; and
|
(iii) are actively and personally engaged in |
directing, ordering,
authorizing, or requesting |
commission of criminal acts by others, which are
|
punishable as a felony, in furtherance of streetgang |
related activity both
within and outside of the |
Department of Corrections.
|
"Streetgang", "gang", and "streetgang related" have the |
meanings ascribed to
them in Section 10 of the Illinois |
Streetgang Terrorism Omnibus Prevention
Act.
|
(s) To operate a super-maximum security institution, |
in order to
manage and
supervise inmates who are disruptive |
or dangerous and provide for the safety
and security of the |
staff and the other inmates.
|
(t) To monitor any unprivileged conversation or any |
unprivileged
communication, whether in person or by mail, |
telephone, or other means,
between an inmate who, before |
commitment to the Department, was a member of an
organized |
gang and any other person without the need to show cause or |
satisfy
any other requirement of law before beginning the |
monitoring, except as
constitutionally required. The |
|
monitoring may be by video, voice, or other
method of |
recording or by any other means. As used in this |
subdivision (1)(t),
"organized gang" has the meaning |
ascribed to it in Section 10 of the Illinois
Streetgang |
Terrorism Omnibus Prevention Act.
|
As used in this subdivision (1)(t), "unprivileged |
conversation" or
"unprivileged communication" means a |
conversation or communication that is not
protected by any |
privilege recognized by law or by decision, rule, or order |
of
the Illinois Supreme Court.
|
(u) To establish a Women's and Children's Pre-release |
Community
Supervision
Program for the purpose of providing |
housing and services to eligible female
inmates, as |
determined by the Department, and their newborn and young
|
children.
|
(v) To do all other acts necessary to carry out the |
provisions
of this Chapter.
|
(2) The Department of Corrections shall by January 1, 1998, |
consider
building and operating a correctional facility within |
100 miles of a county of
over 2,000,000 inhabitants, especially |
a facility designed to house juvenile
participants in the |
impact incarceration program.
|
(3) When the Department lets bids for contracts for medical
|
services to be provided to persons committed to Department |
facilities by
a health maintenance organization, medical |
service corporation, or other
health care provider, the bid may |
only be let to a health care provider
that has obtained an |
irrevocable letter of credit or performance bond
issued by a |
company whose bonds are rated AAA by a bond rating
|
organization.
|
(4) When the Department lets bids for
contracts for food or |
commissary services to be provided to
Department facilities, |
the bid may only be let to a food or commissary
services |
provider that has obtained an irrevocable letter of
credit or |
performance bond issued by a company whose bonds are rated
AAA |
by a bond rating organization.
|
|
(Source: P.A. 92-444, eff. 1-1-02; 92-712, eff. 1-1-03; 93-839, |
eff. 7-30-04.)
|
(730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
|
Sec. 3-2-5. Organization of the Department of Corrections |
and the Department of Juvenile Justice.
|
(a) There shall be an Adult Division within the Department |
which shall
be administered by an Assistant Director appointed |
by the Governor under
The Civil Administrative Code of |
Illinois. The Assistant Director shall be
under the direction |
of the Director. The Adult Division shall be
responsible for |
all persons committed or transferred to the Department
under |
Sections 3-10-7 or 5-8-6 of this Code.
|
(b)
There shall be a Department of Juvenile Justice which |
shall be administered by a Director appointed by the Governor |
under the Civil Administrative Code of Illinois. The Department |
of Juvenile Justice shall be responsible for all persons under |
17 years of age when sentenced to imprisonment and committed to |
the Department under subsection (c) of Section 5-8-6 of this |
Code, Section 5-10 of the Juvenile Court Act, or Section 5-750 |
of the Juvenile Court Act of 1987. Persons under 17 years of |
age committed to the Department of Juvenile Justice pursuant to |
this Code shall be sight and sound separate from adult |
offenders committed to the Department of Corrections.
There |
shall be a Juvenile Division within the Department which shall
|
be administered by an Assistant Director appointed by the |
Governor under
The Civil Administrative Code of Illinois. The |
Assistant Director shall be
under the direction of the |
Director. The Juvenile Division shall be
responsible for all |
persons committed to the Juvenile Division of the
Department |
under Section 5-8-6 of this Code or Section 5-10 of
the |
Juvenile Court Act or Section 5-750 of the Juvenile Court Act
|
of 1987.
|
(c) The Department shall create a gang intelligence unit |
under the
supervision of the Director. The unit shall be |
specifically designed to gather
information regarding the |
|
inmate gang population, monitor the activities of
gangs, and |
prevent the furtherance of gang activities through the |
development
and implementation of policies aimed at deterring |
gang activity. The Director
shall appoint a Corrections |
Intelligence Coordinator.
|
All information collected and maintained by the unit shall |
be highly
confidential, and access to that information shall be |
restricted by the
Department. The information
shall be used to |
control and limit the activities of gangs within correctional
|
institutions under the jurisdiction of the Illinois
Department |
of Corrections and may be shared with other law enforcement |
agencies
in order to curb gang activities outside of |
correctional institutions under the
jurisdiction of the |
Department and to assist in
the investigations and prosecutions |
of gang activity. The Department shall
establish and promulgate |
rules governing the release of information to outside
law |
enforcement agencies. Due to the highly sensitive nature of the
|
information, the information is exempt from requests for |
disclosure under the
Freedom
of Information Act as the |
information contained is highly confidential and may
be harmful |
if disclosed.
|
The Department shall file an annual report with the General |
Assembly on the
profile of the inmate
population associated |
with gangs, gang-related activity within correctional
|
institutions under the jurisdiction of the Department,
and an |
overall status of the unit as it relates to its function and
|
performance.
|
(Source: P.A. 90-590, eff. 1-1-99; 91-912, eff. 7-7-00.)
|
(730 ILCS 5/3-2-6) (from Ch. 38, par. 1003-2-6)
|
Sec. 3-2-6. Advisory Boards. (a) There shall be an Adult |
Advisory Board within the Department of Corrections
and a |
Juvenile Advisory Board
each composed of 11 persons, one of |
whom shall be a senior citizen age 60
or over, appointed by the |
Governor to advise the Director
on matters pertaining to adult |
and juvenile offenders respectively. The
members of the Boards |
|
shall be qualified for their positions by
demonstrated interest |
in and knowledge of adult and juvenile correctional
work and |
shall not be officials of the State in any other capacity. The
|
members first appointed under this amendatory Act of 1984
shall |
serve for a term of 6 years and shall be appointed as soon as
|
possible after the effective date of this amendatory Act of |
1984. The
members of the Boards now serving shall complete |
their terms as appointed,
and thereafter members shall be |
appointed by the Governor to terms of 6
years. Any vacancy |
occurring shall be filled in the same manner for the
remainder |
of the term. The Director of Corrections and the Assistant
|
Directors, Adult and Juvenile Divisions respectively, for the 2 |
Boards,
shall be ex-officio members of the Boards. Each Board |
shall elect a
chairman from among its appointed members. The |
Director shall serve as
secretary of each Board. Members of |
each Board shall serve without
compensation but shall be |
reimbursed for expenses necessarily incurred in
the |
performance of their duties. The
Each Board shall meet |
quarterly and at
other times at the call of the chairman. At |
the request of the Director,
the Boards may meet together.
|
(b) The Boards shall advise the Director concerning policy |
matters and
programs of the Department with regard to the |
custody, care, study,
discipline, training and treatment of |
persons in the State correctional
institutions and for the care |
and supervision of persons released on parole.
|
(c) There shall be a Subcommittee on Women Offenders to the |
Adult
Advisory Board. The Subcommittee shall be composed of 3 |
members of the
Adult Advisory Board appointed by the Chairman |
who shall designate one
member as the chairman of the |
Subcommittee. Members of the Subcommittee
shall serve without |
compensation but shall be reimbursed for expenses
necessarily |
incurred in the performance of their duties. The Subcommittee
|
shall meet no less often than quarterly and at other times at |
the call of its chairman.
|
The Subcommittee shall advise the Adult Advisory Board and |
the
Director on all policy matters and programs of the |
|
Department with regard
to the custody, care, study, discipline, |
training and treatment of women in
the State correctional |
institutions and for the care and supervision of
women released |
on parole.
|
(Source: P.A. 85-624.)
|
(730 ILCS 5/Ch. III Art. 2.5 heading new)
|
ARTICLE 2.5. DEPARTMENT OF JUVENILE JUSTICE
|
(730 ILCS 5/3-2.5-1 new)
|
Sec. 3-2.5-1. Short title. This Article 2.5 may be cited |
as the Department of Juvenile Justice Law.
|
(730 ILCS 5/3-2.5-5 new)
|
Sec. 3-2.5-5. Purpose. The purpose of this Article is to |
create the Department of Juvenile Justice to provide treatment |
and services through a comprehensive continuum of |
individualized educational, vocational, social, emotional, and |
basic life skills to enable youth to avoid delinquent futures |
and become productive, fulfilled citizens. The Department |
shall embrace the legislative policy of the State to promote |
the philosophy of balanced and restorative justice set forth in |
Section 5-101 of the Juvenile Court Act of 1987. |
This amendatory Act of the 94th General Assembly transfers |
to the Department certain rights, powers, duties, and functions |
that were exercised by the Juvenile Division of the Department |
of Corrections before the effective date of this amendatory Act |
of the 94th General Assembly.
|
(730 ILCS 5/3-2.5-10 new)
|
Sec. 3-2.5-10. Definitions. As used in this Article, unless |
the context otherwise requires: |
"Department" means the Department of Juvenile Justice. |
"Director" means the Director of Juvenile Justice. Any |
reference to the "Assistant Director of the Juvenile Division" |
or of a predecessor department or agency occurring in any law |
|
or instrument shall, beginning on the effective date of this |
amendatory Act of the 94th General Assembly, be construed to |
mean the Director of Juvenile Justice.
|
(730 ILCS 5/3-2.5-15 new)
|
Sec. 3-2.5-15. Department of Juvenile Justice; assumption |
of duties of the Juvenile Division. |
(a) The Department of Juvenile Justice shall assume the |
rights, powers, duties, and responsibilities of the Juvenile |
Division of the Department of Corrections. Personnel, books, |
records, property, and unencumbered appropriations pertaining |
to the Juvenile Division of the Department of Corrections shall |
be transferred to the Department of Juvenile Justice on the |
effective date of this amendatory Act of the 94th General |
Assembly. Any rights of employees or the State under the |
Personnel Code or any other contract or plan shall be |
unaffected by this transfer. |
(b) Department of Juvenile Justice personnel who are hired |
by the Department on or after the effective date of this |
amendatory Act of the 94th General Assembly and who participate |
or assist in the rehabilitative and vocational training of |
delinquent youths, supervise the daily activities involving |
direct and continuing responsibility for the youth's security, |
welfare and development, or participate in the personal |
rehabilitation of delinquent youth by training, supervising, |
and assisting lower level personnel who perform these duties |
must be over the age of 21 and have a bachelor's or advanced |
degree from an accredited college or university with a |
specialization in criminal justice, education, psychology, |
social work, or a closely related social science. This |
requirement shall not apply to security, clerical, food |
service, and maintenance staff that do not have direct and |
regular contact with youth. The degree requirements specified |
in this subsection (b) are not required of persons who provide |
vocational training and who have adequate knowledge in the |
skill for which they are providing the vocational training. |
|
(c) Subsection (b) of this Section does not apply to |
personnel transferred to the Department of Juvenile Justice on |
the effective date of this amendatory Act of the 94th General |
Assembly. |
(d) The Department shall be under the direction of the |
Director of Juvenile Justice as provided in this Code. |
(e) The Director shall organize divisions within the |
Department and shall assign functions, powers, duties, and |
personnel as required by law. The Director may create other |
divisions and may assign other functions, powers, duties, and |
personnel as may be necessary or desirable to carry out the |
functions and responsibilities vested by law in the Department. |
The Director shall, with the approval of the Office of the |
Governor, assign to and share functions, powers, duties, and |
personnel with the Department of Corrections or other State |
agencies such that administrative services and administrative |
facilities are provided by the Department of Corrections or a |
shared administrative service center. These administrative |
services include, but are not limited to, all of the following |
functions: budgeting, accounting related functions, auditing, |
human resources, legal, procurement, training, data collection |
and analysis, information technology, internal investigations, |
intelligence, legislative services, emergency response |
capability, statewide transportation services, and general |
office support. |
(f) The Department of Juvenile Justice may enter into |
intergovernmental cooperation agreements under which minors |
adjudicated delinquent and committed to the Department of |
Juvenile Justice may participate in county juvenile impact |
incarceration programs established under Section 3-6039 of the |
Counties Code.
|
(730 ILCS 5/3-2.5-20 new)
|
Sec. 3-2.5-20. General powers and duties. |
(a) In addition to the powers, duties, and responsibilities |
which are otherwise provided by law or transferred to the |
|
Department as a result of this Article, the Department, as |
determined by the Director, shall have, but are not limited to, |
the following rights, powers, functions and duties: |
(1) To accept juveniles committed to it by the courts |
of this State for care, custody, treatment, and |
rehabilitation. |
(2) To maintain and administer all State juvenile |
correctional institutions previously under the control of |
the Juvenile and Women's & Children Divisions of the |
Department of Corrections, and to establish and maintain |
institutions as needed to meet the needs of the youth |
committed to its care. |
(3) To identify the need for and recommend the funding |
and implementation of an appropriate mix of programs and |
services within the juvenile justice continuum, including |
but not limited to prevention, nonresidential and |
residential commitment programs, day treatment, and |
conditional release programs and services, with the |
support of educational, vocational, alcohol, drug abuse, |
and mental health services where appropriate. |
(4) To establish and provide transitional and |
post-release treatment programs for juveniles committed to |
the Department. Services shall include but are not limited |
to: |
(i) family and individual counseling and treatment |
placement; |
(ii) referral services to any other State or local |
agencies; |
(iii) mental health services; |
(iv) educational services; |
(v) family counseling services; and |
(vi) substance abuse services. |
(5) To access vital records of juveniles for the |
purposes of providing necessary documentation for |
transitional services such as obtaining identification, |
educational enrollment, employment, and housing. |
|
(6) To develop staffing and workload standards and |
coordinate staff development and training appropriate for |
juvenile populations. |
(7) To develop, with the approval of the Office of the |
Governor and the Governor's Office of Management and |
Budget, annual budget requests.
|
(b) The Department may employ personnel in accordance with |
the Personnel Code and Section 3-2.5-15 of this Code, provide |
facilities, contract for goods and services, and adopt rules as |
necessary to carry out its functions and purposes, all in |
accordance with applicable State and federal law.
|
(730 ILCS 5/3-2.5-30 new)
|
Sec. 3-2.5-30. Discontinued Department and office; |
successor agency. |
(a) The Juvenile Division of the Department of Corrections |
is abolished on the effective date of this amendatory Act of |
the 94th General Assembly. |
(b) The term of the person then serving as the Assistant |
Director of the Juvenile Division of the Department of |
Corrections shall end on the effective date of this amendatory |
Act of the 94th General Assembly, and that office is abolished |
on that date. |
(c) For the purposes of the Successor Agency Act, the |
Department of Juvenile Justice is declared to be the successor |
agency of the Juvenile Division of the Department of |
Corrections.
|
(730 ILCS 5/3-2.5-35 new)
|
Sec. 3-2.5-35. Transfer of powers. Except as otherwise |
provided in this Article, all of the rights, powers, duties, |
and functions vested by law in the Juvenile Division of the |
Department of Corrections are transferred to the Department of |
Juvenile Justice on the effective date of this amendatory Act |
of the 94th General Assembly.
|
|
(730 ILCS 5/3-2.5-40 new)
|
Sec. 3-2.5-40. Transfer of personnel. |
(a) Personnel employed by the school district of the |
Department of Corrections who work with youth under the age of |
21 and personnel employed by the Juvenile Division of the |
Department of Corrections immediately preceding the effective |
date of this amendatory Act of the 94th General Assembly are |
transferred to the Department of Juvenile Justice on the |
effective date of this amendatory Act of the 94th General |
Assembly.
|
(b) The rights of State employees, the State, and its |
agencies under the Personnel Code and applicable collective |
bargaining agreements and retirement plans are not affected by |
this Article. Any rights of State employees affected by this |
Article shall be governed by the existing collective bargaining |
agreements.
|
(730 ILCS 5/3-2.5-40.1 new)
|
Sec. 3-2.5-40.1. Training. The Department shall design |
training for its personnel and shall enter into agreements with |
the Department of Corrections or other State agencies and |
through them, if necessary, public and private colleges and |
universities, or private organizations to ensure that staff are |
trained to work with a broad range of youth and possess the |
skills necessary to assess, engage, educate, and intervene with |
youth in its custody in ways that are appropriate to ensure |
successful outcomes for those youth and their families pursuant |
to the mission of the Department.
|
(730 ILCS 5/3-2.5-45 new)
|
Sec. 3-2.5-45. Transfer of property. All books, records, |
documents, property (real and personal), unexpended |
appropriations, and pending business pertaining to the rights, |
powers, duties, and functions transferred to the Department of |
Juvenile Justice under this Article shall be transferred and |
delivered to the Department of Juvenile Justice on the |
|
effective date of this amendatory Act of the 94th General |
Assembly.
|
(730 ILCS 5/3-2.5-50 new)
|
Sec. 3-2.5-50. Rules and standards. |
(a) The rules and standards of the Juvenile Division of the |
Department of Corrections that are in effect immediately prior |
to the effective date of this amendatory Act of the 94th |
General Assembly and pertain to the rights, powers, duties, and |
functions transferred to the Department of Juvenile Justice |
under this Article shall become the rules and standards of the |
Department of Juvenile Justice on the effective date of this |
amendatory Act of the 94th General Assembly and shall continue |
in effect until amended or repealed by the Department. |
(b) Any rules pertaining to the rights, powers, duties, and |
functions transferred to the Department under this Article that |
have been proposed by the Juvenile Division of the Department |
of Corrections but have not taken effect or been finally |
adopted immediately prior to the effective date of this |
amendatory Act of the 94th General Assembly shall become |
proposed rules of the Department of Juvenile Justice on the |
effective date of this amendatory Act of the 94th General |
Assembly, and any rulemaking procedures that have already been |
completed by the Juvenile Division of the Department of |
Corrections for those proposed rules need not be repeated. |
(c) As soon as practical after the effective date of this |
amendatory Act of the 94th General Assembly, the Department of |
Juvenile Justice shall revise and clarify the rules transferred |
to it under this Article to reflect the reorganization of |
rights, powers, duties, and functions effected by this Article |
using the procedures for recodification of rules available |
under the Illinois Administrative Procedure Act, except that |
existing title, part, and section numbering for the affected |
rules may be retained. The Department may propose and adopt |
under the Illinois Administrative Procedure Act such other |
rules as may be necessary to consolidate and clarify the rules |
|
of the agency reorganized by this Article.
|
(730 ILCS 5/3-2.5-60 new)
|
Sec. 3-2.5-60. Savings provisions. |
(a) The rights, powers, duties, and functions transferred |
to the Department of Juvenile Justice by this Article shall be |
vested in and exercised by the Department subject to the |
provisions of this Article. An act done by the Department of an |
officer, employee, or agent of the Department in the exercise |
of the transferred rights, powers, duties, or functions shall |
have the same legal effect as if done by the Juvenile Division |
of the Department of Corrections or an officer, employee, or |
agent of the Juvenile Division of the Department of |
Corrections. |
(b) The transfer of rights, powers, duties, and functions |
to the Department of Juvenile Justice under this Article does |
not invalidate any previous action taken by or in respect to |
the Juvenile Division of the Department of Corrections or its |
officers, employees, or agents. References to the Juvenile |
Division of the Department of Corrections or its officers, |
employees, or agents in any document, contract, agreement, or |
law shall in appropriate contexts, be deemed to refer to the |
Department or its officers, employees, or agents. |
(c) The transfer of rights, powers, duties, and functions |
to the Department of Juvenile Justice under this Article does |
not affect any person's rights, obligations, or duties, |
including any civil or criminal penalties applicable thereto, |
arising out of those transferred rights, powers, duties, and |
functions. |
(d) With respect to matters that pertain to a right, power, |
duty, or function transferred to the Department of Juvenile |
Justice under this Article: |
(1) Beginning on the effective date of this amendatory |
Act of the 94th General Assembly, a report or notice that |
was previously required to be made or given by any person |
to the Juvenile Division of the Department of Corrections |
|
or any of its officers, employees, or agents shall be made |
or given in the same manner to the Department or its |
appropriate officer, employee, or agent. |
(2) Beginning on the effective date of this amendatory |
Act of the 94th General Assembly, a document that was |
previously required to be furnished or served by any person |
to or upon the Juvenile Division of the Department of |
Corrections or any of its officers, employees, or agents |
shall be furnished or served in the same manner to or upon |
the Department of Juvenile Justice or its appropriate |
officer, employee, or agent.
|
(e) This Article does not affect any act done, ratified, or |
cancelled, any right occurring or established, or any action or |
proceeding had or commenced in an administrative, civil, or |
criminal cause before the effective date of this amendatory Act |
of the 94th General Assembly. Any such action or proceeding |
that pertains to a right, power, duty, or function transferred |
to the Department of Juvenile Justice under this Article and |
that is pending on that date may be prosecuted, defended, or |
continued by the Department of Juvenile Justice.
|
(730 ILCS 5/3-2.5-65 new)
|
Sec. 3-2.5-65. Juvenile Advisory Board. |
(a) There is created a Juvenile Advisory Board composed of |
11 persons, appointed by the Governor to advise the Director on |
matters pertaining to juvenile offenders. The members of the |
Board shall be qualified for their positions by demonstrated |
interest in and knowledge of juvenile correctional work |
consistent with the definition of purpose and mission of the |
Department in Section 3-2.5-5 and shall not be officials of the |
State in any other capacity. The members under this amendatory |
Act of the 94th General Assembly shall be appointed as soon as |
possible after the effective date of this amendatory Act of the |
94th General Assembly and be appointed to staggered terms 3 |
each expiring in 2007, 2008, and 2009 and 2 of the members' |
terms expiring in 2010. Thereafter all members will serve for a |
|
term of 6 years, except that members shall continue to serve |
until their replacements are appointed. Any vacancy occurring |
shall be filled in the same manner for the remainder of the |
term. The Director of Juvenile Justice shall be an ex officio |
member of the Board. The Board shall elect a chair from among |
its appointed members. The Director shall serve as secretary of |
the Board. Members of the Board shall serve without |
compensation but shall be reimbursed for expenses necessarily |
incurred in the performance of their duties. The Board shall |
meet quarterly and at other times at the call of the chair. |
(b) The Board shall: |
(1) Advise the Director concerning policy matters and |
programs of the Department with regard to the custody, |
care, study, discipline, training, and treatment of |
juveniles in the State juvenile correctional institutions |
and for the care and supervision of juveniles released on |
parole.
|
(2) Establish, with the Director and in conjunction |
with the Office of the Governor, outcome measures for the |
Department in order to ascertain that it is successfully |
fulfilling the mission mandated in Section 3-2.5-5 of this |
Code. The annual results of the Department's work as |
defined by those measures shall be approved by the Board |
and shall be included in an annual report transmitted to |
the Governor and General Assembly jointly by the Director |
and the Board.
|
(730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
|
Sec. 3-3-3. Eligibility for Parole or Release.
|
(a) Except for those offenders who accept the fixed release
|
date established by the Prisoner Review Board under Section
|
3-3-2.1, every person serving a term of imprisonment under
the |
law in effect prior to the effective date of this
amendatory |
Act of 1977 shall be eligible for parole when
he has served:
|
(1) the minimum term of an indeterminate sentence less
|
time credit for good behavior, or 20 years less time credit
|
|
for good behavior, whichever is less; or
|
(2) 20 years of a life sentence less time credit for |
good behavior; or
|
(3) 20 years or one-third of a determinate sentence,
|
whichever is less, less time credit for good behavior.
|
(b) No person sentenced under this amendatory Act of 1977 |
or who accepts
a release date under Section 3-3-2.1 shall be |
eligible for parole.
|
(c) Except for those sentenced to a term of natural
life |
imprisonment, every person sentenced to imprisonment
under |
this amendatory Act of 1977 or given a release date
under |
Section 3-3-2.1 of this Act shall serve the full term
of a |
determinate sentence less time credit for good behavior
and |
shall then be released under the mandatory supervised
release |
provisions of paragraph (d) of Section 5-8-1 of this Code.
|
(d) No person serving a term of natural life imprisonment |
may be paroled
or released except through executive clemency.
|
(e) Every person committed to the Department of Juvenile |
Justice
Juvenile Division under Section
5-10 of the Juvenile |
Court Act or Section 5-750 of the Juvenile
Court Act
of 1987 or |
Section 5-8-6 of this Code and confined in the State |
correctional
institutions or facilities if such juvenile has |
not been
tried as an adult shall be eligible for parole without
|
regard to the length of time the person has been confined
or |
whether the person has served any minimum term imposed.
|
However, if a juvenile has been tried as an adult he shall
only |
be eligible for parole or mandatory supervised release
as an |
adult under this Section.
|
(Source: P.A. 90-590, eff. 1-1-99.)
|
(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
|
Sec. 3-3-4. Preparation for Parole Hearing.
|
(a) The Prisoner Review Board shall consider the parole
of |
each eligible person committed to the Adult Division at
least |
30 days prior to the date he shall first become
eligible for |
parole, and shall consider the parole of each
person committed |
|
to the Department of Juvenile Justice
Juvenile Division as a |
delinquent
at least 30 days prior to the expiration of the |
first year
of confinement.
|
(b) A person eligible for parole shall, in advance of
his |
parole hearing, prepare a parole plan in accordance
with the |
rules of the Prisoner Review Board. The person
shall be |
assisted in preparing his parole plan by personnel
of the |
Department of Corrections, or the Department of Juvenile |
Justice in the case of a person committed to that Department, |
and may, for this purpose, be released
on furlough under |
Article 11 or on authorized absence under
Section 3-9-4. The |
appropriate Department shall also provide
assistance in |
obtaining information and records helpful to
the individual for |
his parole hearing.
|
(c) The members of the Board shall have access at all
|
reasonable times to any committed person and to his master
|
record file within the Department, and the Department shall
|
furnish such reports to the Board as the Board may require
|
concerning the conduct and character of any such person.
|
(d) In making its determination of parole, the Board
shall |
consider:
|
(1) material transmitted to the Department of Juvenile |
Justice by the
clerk of the committing court under Section |
5-4-1 or Section
5-10 of the Juvenile Court Act or Section |
5-750 of the Juvenile
Court Act of 1987;
|
(2) the report under Section 3-8-2 or 3-10-2;
|
(3) a report by the Department and any report by the
|
chief administrative officer of the institution or |
facility;
|
(4) a parole progress report;
|
(5) a medical and psychological report, if requested
by |
the Board;
|
(6) material in writing, or on film, video tape or |
other electronic
means in the form of a recording submitted |
by the person whose parole
is being considered; and
|
(7) material in writing, or on film, video tape or |
|
other electronic
means in the form of a recording or |
testimony submitted by the State's
Attorney and the victim |
pursuant to the Rights of Crime Victims and Witnesses Act.
|
(e) The prosecuting State's Attorney's office shall |
receive reasonable
written notice not less than 15 days prior |
to the parole hearing and may
submit relevant information in |
writing, or on film, video tape or other
electronic means or in |
the form of a recording to the Board for its
consideration. The |
State's Attorney may waive the written notice.
|
(f) The victim of the violent crime for which the prisoner |
has been
sentenced shall receive notice of a parole hearing as |
provided in paragraph
(4) of subsection (d) of Section 4.5 of |
the Rights of Crime Victims and Witnesses
Act.
|
(g) Any recording considered under the provisions of |
subsection (d)(6),
(d)(7) or (e) of this Section shall be in |
the form designated by the Board.
Such recording shall be both |
visual and aural. Every voice on the
recording and person |
present shall be identified and the recording shall
contain |
either a visual or aural statement of the person submitting |
such
recording, the date of the recording and the name of the |
person whose
parole eligibility is being considered. Such |
recordings, if retained by
the Board shall be deemed to be |
submitted at any subsequent parole hearing
if the victim or |
State's Attorney submits in writing a declaration clearly
|
identifying such recording as representing the present |
position of the
victim or State's Attorney regarding the issues |
to be considered at the parole
hearing.
|
(Source: P.A. 92-651, eff. 7-11-02.)
|
(730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
|
Sec. 3-3-5. Hearing and Determination.
|
(a) The Prisoner
Review Board shall meet as often as need |
requires to consider
the cases of persons eligible for parole. |
Except as otherwise
provided in paragraph (2) of subsection (a) |
of Section 3-3-2
of this Act, the Prisoner Review Board may |
meet and
order its actions in panels of 3 or more members. The |
|
action
of a majority of the panel shall be the action of the |
Board.
In consideration of persons committed to the Department |
of Juvenile Justice
Juvenile Division,
the panel shall have at |
least a majority of members experienced
in juvenile matters.
|
(b) If the person under consideration for parole is in the
|
custody of the Department, at least one member of the Board
|
shall interview him, and a report of that interview shall be
|
available for the Board's consideration. However, in the
|
discretion of the Board, the interview need not be conducted
if |
a psychiatric examination determines that the person could
not |
meaningfully contribute to the Board's consideration. The
|
Board may in its discretion parole a person who is then outside
|
the jurisdiction on his record without an interview. The Board
|
need not hold a hearing or interview a person who is paroled
|
under paragraphs (d) or (e) of this Section or released on
|
Mandatory release under Section 3-3-10.
|
(c) The Board shall not parole a person eligible for
parole |
if it determines that:
|
(1) there is a substantial risk that he will not
|
conform to reasonable conditions of parole; or
|
(2) his release at that time would deprecate the
|
seriousness of his offense or promote disrespect for the |
law; or
|
(3) his release would have a substantially adverse
|
effect on institutional discipline.
|
(d) A person committed under the Juvenile Court Act
or the |
Juvenile Court Act of 1987
who has not been sooner released |
shall be paroled on or before
his 20th birthday to begin |
serving a period of parole under
Section 3-3-8.
|
(e) A person who has served the maximum term of
|
imprisonment imposed at the time of sentencing less time
credit |
for good behavior shall be released on parole to
serve a period |
of parole under Section 5-8-1.
|
(f) The Board shall render its decision within a
reasonable |
time after hearing and shall state the basis
therefor both in |
the records of the Board and in written
notice to the person on |
|
whose application it has acted.
In its decision, the Board |
shall set the person's time
for parole, or if it denies parole |
it shall provide for
a rehearing not less frequently than once |
every
year, except that the Board may,
after denying parole,
|
schedule a rehearing no later than 3 years from the date of the |
parole
denial, if the Board finds that it is not reasonable to |
expect that parole
would be granted at a hearing prior to the |
scheduled rehearing date. If the
Board shall parole a person, |
and, if he is not released within 90 days from
the effective |
date of the order granting parole, the matter shall be
returned |
to the Board for review.
|
(g) The Board shall maintain a registry of decisions in |
which parole
has been granted, which shall include the name and |
case number of the
prisoner, the highest charge for which the |
prisoner was sentenced, the
length of sentence imposed, the |
date of the sentence, the date of the
parole, the basis for the |
decision of the Board to grant parole and the
vote of the Board |
on any such decisions. The registry shall be made available
for |
public inspection and copying during business hours and shall |
be a public
record pursuant to the provisions of the Freedom of |
Information Act.
|
(h) The Board shall promulgate rules regarding the exercise
|
of its discretion under this Section.
|
(Source: P.A. 91-798, eff. 7-9-00; 91-946, eff. 2-9-01.)
|
(730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
|
Sec. 3-3-9. Violations; changes of conditions; preliminary
|
hearing; revocation of parole or mandatory supervised release;
|
revocation hearing.
|
(a) If prior to expiration or termination of the term of
|
parole or mandatory supervised release, a person violates a
|
condition set by the Prisoner Review Board or a condition of |
parole or
mandatory supervised release under Section 3-3-7 of |
this Code to govern that
term,
the Board may:
|
(1) continue the existing term, with or without |
modifying or
enlarging the conditions; or
|
|
(2) parole or release the person to a half-way house; |
or
|
(3) revoke the parole or mandatory supervised release |
and
reconfine the person for a term computed in the |
following
manner:
|
(i) (A) For those sentenced under the law in effect |
prior to
this amendatory Act of 1977, the recommitment |
shall be for any
portion of the imposed maximum term of |
imprisonment or confinement
which had not been served |
at the time of parole and the parole
term, less the |
time elapsed between the parole of the person and
the |
commission of the violation for which parole was |
revoked;
|
(B) Except as set forth in paragraph (C), for
those |
subject to mandatory supervised release under
|
paragraph (d) of Section 5-8-1 of this Code, the |
recommitment
shall be for the total mandatory |
supervised release term, less
the time elapsed between |
the release of the person and the
commission of the |
violation for which mandatory supervised
release is |
revoked. The Board may also order that a prisoner
serve |
up to one year of the sentence imposed by the court |
which
was not served due to the accumulation of good |
conduct credit;
|
(C) For those subject to sex offender supervision |
under clause (d)(4) of Section 5-8-1 of this Code, the |
reconfinement period for violations of clauses (a)(3) |
through (b-1)(15) of Section 3-3-7 shall not exceed 2 |
years from the date of reconfinement.
|
(ii) the person shall be given credit against the |
term of
reimprisonment or reconfinement for time spent |
in custody
since he was paroled or released which has |
not been credited
against another sentence or period of |
confinement;
|
(iii) persons committed under the Juvenile Court |
Act or the Juvenile
Court Act of 1987 shall be |
|
recommitted until the age of 21;
|
(iv) this Section is subject to the release under
|
supervision and the reparole and rerelease provisions |
of Section
3-3-10.
|
(b) The Board may revoke parole or mandatory supervised
|
release for violation of a condition for the duration of the
|
term and for any further period which is reasonably necessary
|
for the adjudication of matters arising before its expiration.
|
The issuance of a warrant of arrest for an alleged violation
of |
the conditions of parole or mandatory supervised release
shall |
toll the running of the term until the final determination of |
the
charge, but where parole or mandatory supervised release is |
not revoked
that period shall be credited to the term.
|
(b-5) The Board shall revoke parole or mandatory supervised |
release for violation of the conditions prescribed in paragraph |
(7.6) of subsection (a) of Section 3-3-7. |
(c) A person charged with violating a condition of parole |
or
mandatory supervised release shall have a preliminary |
hearing
before a hearing officer designated by the Board to |
determine
if there is cause to hold the person for a revocation |
hearing.
However, no preliminary hearing need be held when |
revocation is based
upon new criminal charges and a court finds |
probable cause on the new
criminal charges or when the |
revocation
is based upon a new criminal conviction and a |
certified copy of
that conviction is available.
|
(d) Parole or mandatory supervised release shall not be
|
revoked without written notice to the offender setting forth
|
the violation of parole or mandatory supervised release charged
|
against him.
|
(e) A hearing on revocation shall be conducted before at
|
least one member of the Prisoner Review Board. The Board may
|
meet and order its actions in panels of 3 or more members.
The |
action of a majority of the panel shall be the action of
the |
Board. In consideration of persons committed to the Department |
of Juvenile Justice
Juvenile
Division, the member hearing the |
matter and at least a majority
of the panel shall be |
|
experienced in juvenile matters. A record
of the hearing shall |
be made. At the hearing the offender shall
be permitted to:
|
(1) appear and answer the charge; and
|
(2) bring witnesses on his behalf.
|
(f) The Board shall either revoke parole or mandatory
|
supervised release or order the person's term continued with
or |
without modification or enlargement of the conditions.
|
(g) Parole or mandatory supervised release shall not be
|
revoked for failure to make payments under the conditions of
|
parole or release unless the Board determines that such failure |
is
due to the offender's willful refusal to pay.
|
(Source: P.A. 94-161, eff. 7-11-05; 94-165, eff. 7-11-05; |
revised 8-19-05.)
|
(730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3) |
Sec. 3-4-3. Funds and Property of Persons Committed.
|
(a) The Department of Corrections and the Department of |
Juvenile Justice shall establish accounting records with |
accounts
for each person who has or receives money while in an |
institution or
facility of that
the Department and it shall |
allow the withdrawal and
disbursement of money by the person |
under rules and regulations of that
the
Department. Any |
interest or other income from moneys deposited with the
|
Department by
a resident of the Department of Juvenile Justice
|
Juvenile Division in excess of $200
shall accrue to the |
individual's account, or in balances up to $200 shall
accrue to |
the Residents'
Benefit Fund. For an individual in an |
institution or facility
of the Adult Division the interest |
shall accrue to the Residents' Benefit
Fund. The Department |
shall disburse all
moneys so held no later than the
person's |
final discharge from the Department. Moneys in the account of a
|
committed person who files a lawsuit determined frivolous under |
Article XXII of
the Code
of Civil Procedure shall be deducted |
to pay for the filing fees and cost of the
suit as
provided in |
that Article. The Department shall under
rules and regulations |
record and receipt all personal property not
allowed to |
|
committed persons. The Department shall return such property
to |
the individual no later than the person's release on parole.
|
(b) Any money held in accounts of committed persons |
separated from
the Department by death, discharge, or |
unauthorized absence and
unclaimed for a period of 1 year |
thereafter by the person or his legal
representative shall be |
transmitted to the State Treasurer who shall deposit
it into |
the General Revenue Fund. Articles of personal
property of
|
persons so separated may be sold or used by the Department if |
unclaimed
for a period of 1 year for the same purpose. |
Clothing, if unclaimed
within 30 days, may be used or disposed |
of as determined by the
Department.
|
(c) Forty percent of the profits on sales from commissary |
stores shall
be
expended by the
Department for the special |
benefit of committed persons which shall include
but not be |
limited to the advancement of inmate payrolls, for the special
|
benefit of employees, and for the advancement or reimbursement |
of employee
travel,
provided that amounts expended for |
employees shall not exceed the amount
of profits derived from |
sales made to employees by such commissaries, as
determined by |
the Department. The remainder of the profits from sales from
|
commissary
stores must be used first to pay for wages and |
benefits of employees covered
under a
collective bargaining |
agreement who are employed at commissary facilities of
the
|
Department and then to pay the costs of dietary staff.
|
(d) The Department shall confiscate any unauthorized |
currency found in the
possession of a committed person. The |
Department shall transmit the
confiscated currency to the State |
Treasurer who shall deposit it into the
General Revenue Fund.
|
(Source: P.A. 93-607, eff. 1-1-04.)
|
(730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
|
Sec. 3-5-1. Master Record File.
|
(a) The Department of Corrections and the Department of |
Juvenile Justice shall
maintain a master record file on each |
person committed to it,
which shall contain the following |
|
information:
|
(1) all information from the committing court;
|
(2) reception summary;
|
(3) evaluation and assignment reports and |
recommendations;
|
(4) reports as to program assignment and progress;
|
(5) reports of disciplinary infractions and |
disposition;
|
(6) any parole plan;
|
(7) any parole reports;
|
(8) the date and circumstances of final discharge; and |
any
other pertinent data concerning the person's |
background,
conduct, associations and family relationships |
as may be
required by the respective Department. A current |
summary index shall be
maintained on each file which shall |
include the person's known active and
past
gang |
affiliations and ranks.
|
(b) All files shall be confidential and access shall be
|
limited to authorized personnel of the respective Department.
|
Personnel of other correctional, welfare or law enforcement
|
agencies may have access to files under rules and regulations
|
of the respective Department. The respective Department shall |
keep a record of all
outside personnel who have access to |
files, the files reviewed,
any file material copied, and the |
purpose of access. If the
respective Department or the Prisoner |
Review Board makes a determination
under this Code which |
affects the length of the period of
confinement or commitment, |
the committed person and his counsel
shall be advised of |
factual information relied upon by the
respective Department or |
Board to make the determination, provided that
the Department |
or Board shall not be required to advise a
person committed to |
the Department of Juvenile Justice
Juvenile Division any such |
information
which in the opinion of the Department of Juvenile |
Justice or Board would be
detrimental to his treatment or |
rehabilitation.
|
(c) The master file shall be maintained at a place
|
|
convenient to its use by personnel of the respective Department |
in
charge of the person. When custody of a person is |
transferred
from the Department to another department or |
agency, a
summary of the file shall be forwarded to the |
receiving
agency with such other information required by law or
|
requested by the agency under rules and regulations of the
|
respective Department.
|
(d) The master file of a person no longer in the custody
of |
the respective Department shall be placed on inactive status |
and its
use shall be restricted subject to rules and |
regulations of
the Department.
|
(e) All public agencies may make available to the
|
respective Department on request any factual data not otherwise
|
privileged as a matter of law in their possession in respect
to |
individuals committed to the respective Department.
|
(Source: P.A. 89-688, eff. 6-1-97; 89-689, eff. 12-31-96.)
|
(730 ILCS 5/3-5-3.1) (from Ch. 38, par. 1003-5-3.1)
|
Sec. 3-5-3.1. As used in this Section, "facility" includes |
any
facility of the Adult Division and any facility of the |
Juvenile Division of
the Department of Corrections and any |
facility of the Department of Juvenile Justice.
|
The Department of Corrections and the Department of |
Juvenile Justice shall each, by
January 1st, April
1st, July |
1st, and October 1st of each year, transmit to the General
|
Assembly, a report which shall include the following |
information reflecting the period
ending fifteen days prior to |
the submission of the report: 1) the number
of residents in all |
Department facilities indicating the number of
residents in |
each listed facility; 2) a classification of each facility's
|
residents by the nature of the offense for which each resident |
was
committed to the Department; 3) the number of residents in |
maximum, medium,
and minimum security facilities indicating |
the classification of each
facility's residents by the nature |
of the offense for which each resident
was committed to the |
Department; 4) the educational and vocational programs
|
|
provided at each facility and the number of residents |
participating in each
such program; 5) the present capacity |
levels in each facility; 6) the
projected capacity of each |
facility six months and one year following each
reporting date; |
7) the ratio of the security guards to residents in each
|
facility; 8) the ratio of total employees to residents in each |
facility; 9)
the number of residents in each facility that are |
single-celled and the
number in each facility that are |
double-celled; 10) information indicating
the distribution of |
residents in each facility by the allocated floor space
per |
resident; 11) a status of all capital projects currently funded |
by the
Department, location of each capital project, the |
projected on-line dates
for each capital project, including |
phase-in dates and full occupancy
dates; 12) the projected |
adult prison and Juvenile Division facility
populations in |
respect to the Department of Corrections and the projected |
juvenile facility population with respect to the Department of |
Juvenile Justice for each of the succeeding
twelve months |
following each reporting date, indicating all assumptions
|
built into such population estimates; 13) the projected exits |
and projected
admissions in each facility for each of the |
succeeding twelve months
following each reporting date, |
indicating all assumptions built into such
population |
estimate; and 14) the locations of all Department-operated or
|
contractually operated community correctional centers, |
including the
present capacity and population levels at each |
facility.
|
(Source: P.A. 85-252.)
|
(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) |
Sec. 3-6-2. Institutions and Facility Administration.
|
(a) Each institution and facility of the Department shall |
be
administered by a chief administrative officer appointed by
|
the Director. A chief administrative officer shall be
|
responsible for all persons assigned to the institution or
|
facility. The chief administrative officer shall administer
|
|
the programs of the Department for the custody and treatment
of |
such persons.
|
(b) The chief administrative officer shall have such |
assistants
as the Department may assign.
|
(c) The Director or Assistant Director shall have the
|
emergency powers to temporarily transfer individuals without
|
formal procedures to any State, county, municipal or regional
|
correctional or detention institution or facility in the State,
|
subject to the acceptance of such receiving institution or
|
facility, or to designate any reasonably secure place in the
|
State as such an institution or facility and to make transfers
|
thereto. However, transfers made under emergency powers shall
|
be reviewed as soon as practicable under Article 8, and shall
|
be subject to Section 5-905 of the Juvenile Court Act of
1987. |
This Section shall not apply to transfers to the Department of
|
Human Services which are provided for under
Section 3-8-5 or |
Section 3-10-5.
|
(d) The Department shall provide educational programs for |
all
committed persons so that all persons have an opportunity |
to
attain the achievement level equivalent to the completion of
|
the twelfth grade in the public school system in this State.
|
Other higher levels of attainment shall be encouraged and
|
professional instruction shall be maintained wherever |
possible.
The Department may establish programs of mandatory |
education and may
establish rules and regulations for the |
administration of such programs.
A person committed to the |
Department who, during the period of his or her
incarceration, |
participates in an educational program provided by or through
|
the Department and through that program is awarded or earns the |
number of
hours of credit required for the award of an |
associate, baccalaureate, or
higher degree from a community |
college, college, or university located in
Illinois shall |
reimburse the State, through the Department, for the costs
|
incurred by the State in providing that person during his or |
her incarceration
with the education that qualifies him or her |
for the award of that degree. The
costs for which reimbursement |
|
is required under this subsection shall be
determined and |
computed by the Department under rules and regulations that
it |
shall establish for that purpose. However, interest at the rate |
of 6%
per annum shall be charged on the balance of those costs |
from time to time
remaining unpaid, from the date of the |
person's parole, mandatory supervised
release, or release |
constituting a final termination of his or her commitment
to |
the Department until paid.
|
(d-5) A person committed to the Department is entitled to |
confidential testing for infection with human immunodeficiency |
virus (HIV) and to counseling in connection with such testing, |
with no copay to the committed person. A person committed to |
the Department who has tested positive for infection with HIV |
is entitled to medical care while incarcerated, counseling, and |
referrals to support services, in connection with that positive |
test result. Implementation of this subsection (d-5) is subject |
to appropriation.
|
(e) A person committed to the Department who becomes in |
need
of medical or surgical treatment but is incapable of |
giving
consent thereto shall receive such medical or surgical |
treatment
by the chief administrative officer consenting on the |
person's behalf.
Before the chief administrative officer |
consents, he or she shall
obtain the advice of one or more |
physicians licensed to practice medicine
in all its branches in |
this State. If such physician or physicians advise:
|
(1) that immediate medical or surgical treatment is |
required
relative to a condition threatening to cause |
death, damage or
impairment to bodily functions, or |
disfigurement; and
|
(2) that the person is not capable of giving consent to |
such treatment;
the chief administrative officer may give |
consent for such
medical or surgical treatment, and such |
consent shall be
deemed to be the consent of the person for |
all purposes,
including, but not limited to, the authority |
of a physician
to give such treatment. |
(e-5) If a physician providing medical care to a committed |
|
person on behalf of the Department advises the chief |
administrative officer that the committed person's mental or |
physical health has deteriorated as a result of the cessation |
of ingestion of food or liquid to the point where medical or |
surgical treatment is required to prevent death, damage, or |
impairment to bodily functions, the chief administrative |
officer may authorize such medical or surgical treatment.
|
(f) In the event that the person requires medical care and
|
treatment at a place other than the institution or facility,
|
the person may be removed therefrom under conditions prescribed
|
by the Department.
The Department shall require the committed |
person receiving medical or dental
services on a non-emergency |
basis to pay a $2 co-payment to the Department for
each visit |
for medical or dental services. The amount of each co-payment |
shall be deducted from the
committed person's individual |
account.
A committed person who has a chronic illness, as |
defined by Department rules
and regulations, shall be exempt |
from the $2 co-payment for treatment of the
chronic illness. A |
committed person shall not be subject to a $2 co-payment
for |
follow-up visits ordered by a physician, who is employed by, or |
contracts
with, the Department. A committed person who is |
indigent is exempt from the
$2 co-payment
and is entitled to |
receive medical or dental services on the same basis as a
|
committed person who is financially able to afford the |
co-payment.
Notwithstanding any other provision in this |
subsection (f) to the contrary,
any person committed to any |
facility operated by the Department of Juvenile Justice
|
Juvenile Division, as set
forth in subsection (b) of Section |
3-2.5-15
3-2-5 of this Code, is exempt from the
co-payment |
requirement for the duration of confinement in those |
facilities.
|
(g) Any person having sole custody of a child at
the time |
of commitment or any woman giving birth to a child after
her |
commitment, may arrange through the Department of Children
and |
Family Services for suitable placement of the child outside
of |
the Department of Corrections. The Director of the Department
|
|
of Corrections may determine that there are special reasons why
|
the child should continue in the custody of the mother until |
the
child is 6 years old.
|
(h) The Department may provide Family Responsibility |
Services which
may consist of, but not be limited to the |
following:
|
(1) family advocacy counseling;
|
(2) parent self-help group;
|
(3) parenting skills training;
|
(4) parent and child overnight program;
|
(5) parent and child reunification counseling, either |
separately or
together, preceding the inmate's release; |
and
|
(6) a prerelease reunification staffing involving the |
family advocate,
the inmate and the child's counselor, or |
both and the inmate.
|
(i) Prior to the release of any inmate who has a documented |
history
of intravenous drug use, and upon the receipt of that |
inmate's written
informed consent, the Department shall |
provide for the testing of such
inmate for infection with human |
immunodeficiency virus (HIV) and any other
identified |
causative agent of acquired immunodeficiency syndrome (AIDS). |
The
testing provided under this subsection shall consist of an |
enzyme-linked
immunosorbent assay (ELISA) test or such other |
test as may be approved by
the Illinois Department of Public |
Health. If the test result is positive,
the Western Blot Assay |
or more reliable confirmatory test shall be
administered. All |
inmates tested in accordance with the provisions of this
|
subsection shall be provided with pre-test and post-test |
counseling.
Notwithstanding any provision of this subsection |
to the contrary, the
Department shall not be required to |
conduct the testing and counseling
required by this subsection |
unless sufficient funds to cover all costs of
such testing and |
counseling are appropriated for that
purpose by the General |
Assembly.
|
(j) Any person convicted of a sex offense as defined in the |
|
Sex Offender
Management Board Act shall be required to receive |
a sex offender evaluation
prior to release into the community |
from the Department of Corrections. The
sex offender evaluation |
shall be conducted in conformance with the standards
and |
guidelines developed under
the Sex Offender Management Board |
Act and by an evaluator approved by the
Board.
|
(k) Any minor committed to the Department of Juvenile |
Justice
Corrections-Juvenile Division
for a sex offense as |
defined by the Sex Offender Management Board Act shall be
|
required to undergo sex offender treatment by a treatment |
provider approved by
the Board and conducted in conformance |
with the Sex Offender Management Board
Act.
|
(l) Prior to the release of any inmate, the Department must |
provide the inmate with the option of testing for infection |
with human immunodeficiency virus (HIV), as well as counseling |
in connection with such testing, with no copayment for the |
test. At the same time, the Department shall require each such |
inmate to sign a form stating that the inmate has been informed |
of his or her rights with respect to the testing required to be |
offered under this subsection (l) and providing the inmate with |
an opportunity to indicate either that he or she wants to be |
tested or that he or she does not want to be tested. The |
Department, in consultation with the Department of Public |
Health, shall prescribe the contents of the form. The
testing |
provided under this subsection (l) shall consist of an |
enzyme-linked
immunosorbent assay (ELISA) test or any other |
test approved by
the Department of Public Health. If the test |
result is positive,
the Western Blot Assay or more reliable |
confirmatory test shall be
administered. |
Prior to the release of an inmate who the Department knows |
has tested positive for infection with HIV, the Department in a |
timely manner shall offer the inmate transitional case |
management, including referrals to other support services.
|
Implementation of this subsection (l) is subject to |
appropriation.
|
(Source: P.A. 93-616, eff. 1-1-04; 93-928, eff. 1-1-05; 94-629, |
|
eff. 1-1-06.)
|
(730 ILCS 5/Ch. III Art. 9 heading) |
ARTICLE 9. PROGRAMS OF THE DEPARTMENT OF JUVENILE JUSTICE
|
JUVENILE DIVISION
|
(730 ILCS 5/3-9-1) (from Ch. 38, par. 1003-9-1)
|
Sec. 3-9-1. Educational Programs. |
(a) The Department of Juvenile Justice, subject to |
appropriation and with the cooperation of other State agencies |
that work with children, shall establish programming, the |
components of which shall include, but are not limited to: |
(1) Case management services. |
(2) Treatment modalities, including substance abuse |
treatment services, mental health services, and |
developmental disability services. |
(3) Prevocational education and career education |
services. |
(4) Diagnostic evaluation services/Medical screening. |
(5) Educational services. |
(6) Self-sufficiency planning. |
(7) Independent living skills. |
(8) Parenting skills. |
(9) Recreational and leisure time activities. |
(10) Program evaluation. |
(11) Medical services.
|
(b)
(a) All institutions or facilities housing persons of |
such age as to be
subject to compulsory school attendance shall |
establish an educational
program to provide such persons the |
opportunity to attain an elementary and
secondary school |
education equivalent to the completion of the twelfth
grade in |
the public school systems of this State; and, in furtherance
|
thereof, shall utilize assistance from local public school |
districts and
State agencies in established curricula and |
staffing such program.
|
(c)
(b) All institutions or facilities housing persons not |
|
subject to
compulsory school attendance shall make available |
programs and training to
provide such persons an opportunity to |
attain an elementary and secondary
school education equivalent |
to the completion of the twelfth grade in the
public school |
systems of this State; and, in furtherance thereof, such
|
institutions or facilities may utilize assistance from local |
public school
districts and State agencies in creating |
curricula and staffing the
program.
|
(d)
(c) The Department of Juvenile Justice
Corrections |
shall develop and establish a suicide
reduction program in all |
institutions or facilities housing persons
committed to the |
Department of Juvenile Justice
Juvenile Division. The program |
shall be designed to
increase the life coping skills and self |
esteem of juvenile offenders and
to decrease their propensity |
to commit self destructive acts.
|
(Source: P.A. 85-736.)
|
(730 ILCS 5/3-9-2) (from Ch. 38, par. 1003-9-2)
|
Sec. 3-9-2. Work Training Programs.
|
(a) The Department of Juvenile Justice
Juvenile Division, |
in conjunction with the private
sector, may establish and offer |
work training to develop
work habits and equip persons |
committed to it with marketable skills to
aid in their |
community placement upon release. Committed persons
|
participating in this program shall be paid wages similar to |
those of
comparable jobs in the surrounding community. A |
portion of the wages
earned shall go to the Department of |
Juvenile Justice
Juvenile Division to pay part of the committed
|
person's room and board, a portion shall be deposited into the |
Violent
Crime Victim's Assistance Fund to assist victims of |
crime, and the
remainder shall be placed into a savings account |
for the committed person
which shall be given to the committed |
person upon release. The Department
shall promulgate rules to |
regulate the distribution of the wages earned.
|
(b) The Department of Juvenile Justice
Juvenile Division |
may establish programs of incentive by
achievement, |
|
participation in which shall be on a voluntary basis, to sell
|
goods or services to the public with the net earnings |
distributed to the
program participants subject to rules of the |
Department of Juvenile Justice.
|
(Source: P.A. 87-199.)
|
(730 ILCS 5/3-9-3) (from Ch. 38, par. 1003-9-3)
|
Sec. 3-9-3. Day
Release.
|
(a) The Department of Juvenile Justice may institute day |
release programs for persons
committed to the Department of |
Juvenile Justice
Juvenile Division and shall establish rules |
and
regulations therefor.
|
(b) The Department of Juvenile Justice may arrange with |
local schools, public or private
agencies or persons approved |
by the Department for the release of persons
committed to the |
Department of Juvenile Justice
Juvenile Division on a daily |
basis to the custody of such
schools, agencies or persons for |
participation in programs or activities.
|
(Source: P.A. 77-2097.)
|
(730 ILCS 5/3-9-4) (from Ch. 38, par. 1003-9-4)
|
Sec. 3-9-4. Authorized Absence.
|
The Department of Juvenile Justice may extend the limits of |
the place of confinement of a
person committed to the |
Department of Juvenile Justice
Juvenile Division so that he may |
leave such place
on authorized absence. Whether or not such |
person is to be accompanied
shall be determined by the chief |
administrative officer of the institution
or facility from |
which such authorized absence is granted. An authorized
absence |
may be granted for a period of time determined by the |
Department
of Juvenile Justice and any purpose approved by the |
Department of Juvenile Justice.
|
(Source: P.A. 77-2097.)
|
(730 ILCS 5/3-9-5) (from Ch. 38, par. 1003-9-5)
|
Sec. 3-9-5. Minimum Standards.
|
|
The minimum standards under Article 7 shall apply to all |
institutions
and facilities under the authority of the |
Department of Juvenile Justice
Juvenile Division.
|
(Source: P.A. 77-2097.)
|
(730 ILCS 5/3-9-6) (from Ch. 38, par. 1003-9-6)
|
Sec. 3-9-6. Unauthorized Absence. Whenever a person |
committed to the Department of Juvenile Justice
Juvenile |
Division of the Department
of Corrections absconds or absents |
himself or herself without authority
to do so, from
any |
facility or program to which he or she is assigned, he or she
|
may be held in custody
for return to the proper correctional |
official by the authorities or
whomsoever directed, when an |
order is certified by the Director of Juvenile Justice or
a |
person duly designated by the Director, with the seal of the |
Department
of Juvenile Justice
Corrections attached. The |
person so designated by the Director of Juvenile Justice with |
such
seal attached may be one or more persons and the |
appointment shall be made
as a ministerial one with no |
recordation or notice necessary as to the
designated |
appointees. The order shall be directed to all sheriffs,
|
coroners, police officers, keepers or custodians of jails or |
other
detention facilities whether in or out of the State of |
Illinois, or to any
particular person named in the order.
|
(Source: P.A. 83-346.)
|
(730 ILCS 5/3-9-7) (from Ch. 38, par. 1003-9-7) |
Sec. 3-9-7. Sexual abuse counseling programs.
|
(a) The Department of Juvenile Justice
Juvenile Division
|
shall establish and offer sexual abuse counseling to both |
victims of sexual
abuse and sexual offenders in as many |
facilities as necessary to insure
sexual abuse counseling |
throughout the State.
|
(b) Any minor committed to the Department of Juvenile |
Justice
Corrections-Juvenile Division
for a sex offense as |
defined under the Sex Offender Management Board Act shall
be |
|
required to undergo sex offender treatment by a treatment |
provider approved
by the Board and conducted in conformance |
with the standards developed by the
Sex Offender Management |
Board Act.
|
(Source: P.A. 93-616, eff. 1-1-04.)
|
(730 ILCS 5/3-10-1) (from Ch. 38, par. 1003-10-1)
|
Sec. 3-10-1. Receiving Procedures.
|
The receiving procedures under Section 3-8-1 shall be |
applicable to
institutions and facilities of the Department of |
Juvenile Justice
Juvenile Division.
|
(Source: P.A. 77-2097.)
|
(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
|
Sec. 3-10-2. Examination of Persons Committed to the |
Department of Juvenile Justice
Juvenile Division.
|
(a) A person committed to the Department of Juvenile |
Justice
Juvenile Division shall be examined in
regard to his |
medical, psychological, social, educational and vocational
|
condition and history, including the use of alcohol and other |
drugs,
the circumstances of his offense and any other
|
information as the Department of Juvenile Justice may |
determine.
|
(a-5) Upon admission of a person committed to the |
Department of Juvenile Justice
Juvenile Division, the |
Department of Juvenile Justice must provide the person with |
appropriate written information and counseling concerning HIV |
and AIDS. The Department of Juvenile Justice shall develop the |
written materials in consultation with the Department of Public |
Health. At the same time, the Department of Juvenile Justice |
also must offer the person the option of being tested, at no |
charge to the person, for infection with human immunodeficiency |
virus (HIV) or any other identified causative agent of acquired |
immunodeficiency syndrome (AIDS). The Department of Juvenile |
Justice shall require each person committed to the Department |
of Juvenile Justice
Juvenile Division to sign a form stating |
|
that the person has been informed of his or her rights with |
respect to the testing required to be offered under this |
subsection (a-5) and providing the person with an opportunity |
to indicate either that he or she wants to be tested or that he |
or she does not want to be tested. The Department of Juvenile |
Justice, in consultation with the Department of Public Health, |
shall prescribe the contents of the form. The testing provided |
under this subsection (a-5) shall consist of an enzyme-linked |
immunosorbent assay (ELISA) test or any other test approved by |
the Department of Public Health. If the test result is |
positive, the Western Blot Assay or more reliable confirmatory |
test shall be administered. |
Also upon admission of a person committed to the Department |
of Juvenile Justice
Juvenile Division, the Department of |
Juvenile Justice must inform the person of the Department's |
obligation to provide the person with medical care.
|
Implementation of this subsection (a-5) is subject to |
appropriation.
|
(b) Based on its examination, the Department of Juvenile |
Justice may exercise the following
powers in developing a |
treatment program of any person committed to the Department of |
Juvenile Justice
Juvenile Division:
|
(1) Require participation by him in vocational, |
physical, educational
and corrective training and |
activities to return him to the community.
|
(2) Place him in any institution or facility of the |
Department of Juvenile Justice
Juvenile Division.
|
(3) Order replacement or referral to the Parole and |
Pardon Board as
often as it deems desirable. The Department |
of Juvenile Justice shall refer the person to the
Parole |
and Pardon Board as required under Section 3-3-4.
|
(4) Enter into agreements with the Secretary of Human |
Services and
the Director of Children and Family
Services, |
with courts having probation officers, and with private |
agencies
or institutions for separate care or special |
treatment of persons subject
to the control of the |
|
Department of Juvenile Justice.
|
(c) The Department of Juvenile Justice shall make periodic |
reexamination of all persons
under the control of the |
Department of Juvenile Justice
Juvenile Division to determine |
whether existing
orders in individual cases should be modified |
or continued. This
examination shall be made with respect to |
every person at least once
annually.
|
(d) A record of the treatment decision including any |
modification
thereof and the reason therefor, shall be part of |
the committed person's
master record file.
|
(e) The Department of Juvenile Justice shall by certified |
mail, return receipt requested,
notify the parent, guardian or |
nearest relative of any person committed to
the Department of |
Juvenile Justice
Juvenile Division of his physical location and |
any change thereof.
|
(Source: P.A. 94-629, eff. 1-1-06.)
|
(730 ILCS 5/3-10-3) (from Ch. 38, par. 1003-10-3)
|
Sec. 3-10-3. Program Assignment.
|
(a) The chief administrative officer of each institution or |
facility of
the Department of Juvenile Justice
Juvenile |
Division shall designate a person or persons to classify and
|
assign juveniles to programs in the institution or facility.
|
(b) The program assignment of persons assigned to |
institutions or
facilities of the Department of Juvenile |
Justice
Juvenile Division shall be made on the following basis:
|
(1) As soon as practicable after he is received, and in any |
case no
later than the expiration of the first 30 days, his |
file shall be studied
and he shall be interviewed and a |
determination made as to the program of
education, employment, |
training, treatment, care and custody appropriate
for him. A |
record of such program assignment shall be made and shall be a
|
part of his master record file. A staff member shall be |
designated for each
person as his staff counselor.
|
(2) The program assignment shall be reviewed at least once |
every 3
months and he shall be interviewed if it is deemed |
|
desirable or if he so
requests. After review, such changes in |
his program of education,
employment, training, treatment, |
care and custody may be made as is
considered necessary or |
desirable and a record thereof made a part of his
file. If he |
requests a change in his program and such request is denied,
|
the basis for denial shall be given to him and a written |
statement thereof
shall be made a part of his file.
|
(c) The Department may promulgate rules and regulations |
governing the
administration of treatment programs within |
institutions and facilities of
the Department of Juvenile |
Justice.
|
(Source: P.A. 77-2097.)
|
(730 ILCS 5/3-10-4) (from Ch. 38, par. 1003-10-4)
|
Sec. 3-10-4. Intradivisional Transfers.
|
(a) The transfer of committed persons between institutions |
or facilities
of the Department of Juvenile Justice
Juvenile |
Division shall be under this Section, except that emergency
|
transfers shall be under Section 3-6-2.
|
(b) The chief administrative officer of an institution or |
facility
desiring to transfer a committed person to another |
institution or facility
shall notify the Assistant Director of |
Juvenile Justice
the Juvenile Division or his
delegate of the |
basis for the transfer. The Assistant Director or his
delegate |
shall approve or deny such request.
|
(c) If a transfer request is made by a committed person or |
his parent,
guardian or nearest relative, the chief |
administrative officer of the
institution or facility from |
which the transfer is requested shall notify
the Director of |
Juvenile Justice
Assistant Director of the Juvenile Division or |
his delegate of the
request, the reasons therefor and his |
recommendation. The Assistant
Director of Juvenile Justice or |
his delegate shall either grant the request or if he denies the
|
request he shall advise the person or his parent, guardian or |
nearest
relative of the basis for the denial.
|
(Source: P.A. 77-2097.)
|
|
(730 ILCS 5/3-10-5) (from Ch. 38, par. 1003-10-5)
|
Sec. 3-10-5. Transfers to the Department of Human Services.
|
(a) If a person committed to the Department of Juvenile |
Justice
Juvenile Division meets the
standard for admission of a |
minor to a mental health facility or is suitable
for admission |
to a developmental disability facility, as these terms are
used |
in the Mental Health and Developmental Disabilities Code, the
|
Department may transfer the person to an appropriate State
|
hospital or institution of the Department of Human Services
for |
a period not to exceed 6 months, if the person consents in |
writing to
the transfer. The person shall be advised of his |
right not to consent, and
if he does not consent, the transfer |
may be effected only by
commitment under paragraph (e) of this |
Section.
|
(b) The parent, guardian or nearest relative and the |
attorney of record
shall be advised of his right to object. If |
an
objection is made, the
transfer may be effected only by |
commitment under paragraph (e) of this
Section. Notice of the |
transfer shall be mailed to the person's parent,
guardian or |
nearest relative marked for delivery to addressee only at his
|
last known address by certified mail with return receipt |
requested together
with written notification of the manner and |
time within which he may object
to the transfer. Objection to |
the transfer must be made by
the parent, guardian
or nearest |
relative within 15 days of receipt of the notification of
|
transfer, by written notice of the objection to the Assistant |
Director of Juvenile Justice or
chief administrative officer of |
the institution or facility of the
Department of Juvenile |
Justice where the person was confined.
|
(c) If a person committed to the Department under the |
Juvenile Court Act
or the Juvenile Court Act of 1987 is |
committed to a hospital or facility of the
Department of Human |
Services under this Section, the Assistant Director of Juvenile |
Justice
the Juvenile
Division shall so notify the committing |
juvenile court.
|
|
(d) Nothing in this Section shall limit the right of the |
Assistant Director
of Juvenile Justice
the Juvenile Division or |
the chief administrative officer of any institution
or facility |
to utilize the emergency admission provisions of the Mental
|
Health and Developmental Disabilities Code with respect to any |
person in
his custody or care. The transfer of a person to an |
institution or facility
of the Department of Human Services |
under
paragraph (a) of this Section does not discharge the |
person from the control
of the Department of Juvenile Justice.
|
(e) If the person does not consent to his transfer to the |
Department of
Human Services or if a
person objects under |
paragraph (b) of this Section, or if the Department of
Human |
Services determines
that a transferred person requires
|
admission to the Department of Human Services
for more than 6 |
months for any reason, the Assistant Director of Juvenile |
Justice
the Juvenile
Division shall file a petition in the |
circuit court of the county in which
the institution or |
facility is located requesting admission of the person
to the |
Department of Human Services. A
certificate of a clinical |
psychologist, licensed clinical social
worker who is a |
qualified examiner as defined in Section 1-122 of the
Mental |
Health and Developmental Disabilities Code, or psychiatrist,
|
or, if admission to
a developmental disability facility is |
sought, of a physician that the
person is in need of commitment |
to the Department of Human Services for treatment or |
habilitation
shall be attached
to the petition. Copies of the |
petition shall be furnished to the named
person, his parent, or |
guardian or nearest relative, the committing
court, and to the |
state's attorneys of the county in which the institution
or |
facility of the Department of Juvenile Justice
Juvenile |
Division from which the person was transferred
is located and |
the county from which the named person was committed to
the |
Department of Juvenile Justice
Corrections.
|
(f) The court shall set a date for a hearing on the |
petition within the
time limit set forth in the Mental Health |
and Developmental Disabilities
Code. The hearing shall be |
|
conducted in the manner prescribed by the Mental
Health and |
Developmental Disabilities Code. If the person is found to be
|
in need of commitment to the Department of Human Services for |
treatment or
habilitation, the court may
commit him to
that |
Department.
|
(g) In the event that a person committed to the Department |
under the
Juvenile Court Act or the Juvenile Court Act of 1987 |
is committed to facilities
of the Department of Human Services |
under paragraph (e) of this Section, the
Assistant Director of |
Juvenile Justice shall petition the committing juvenile court |
for an
order terminating the Assistant Director's custody.
|
(Source: P.A. 89-507, eff. 7-1-97.)
|
(730 ILCS 5/3-10-6) (from Ch. 38, par. 1003-10-6)
|
Sec. 3-10-6. Return and Release from Department of Human |
Services.
|
(a) The Department of Human Services shall return to the |
Department of Juvenile Justice
Juvenile Division
any person
|
committed to a facility of the Department under paragraph (a) |
of Section
3-10-5 when the person no longer meets the standard |
for admission of a
minor to a mental health facility, or is |
suitable for administrative
admission to a developmental |
disability facility.
|
(b) If a person returned to the Department of Juvenile |
Justice
Juvenile Division under paragraph (a)
of this Section |
has not had a parole hearing within the preceding 6 months,
he |
shall have a parole hearing within 45 days after his return.
|
(c) The Department of Juvenile Justice
Juvenile Division |
shall notify the Secretary of Human Services
of the expiration |
of the
commitment or sentence of any person transferred to the |
Department of Human
Services under Section
3-10-5. If the |
Department of Human Services determines that such person
|
transferred to it under paragraph (a) of Section 3-10-5 |
requires further
hospitalization, it shall file a petition for |
commitment of such person
under the Mental Health and |
Developmental Disabilities Code.
|
|
(d) The Department of Human Services shall
release under |
the Mental Health and Developmental Disabilities Code, any
|
person transferred to it pursuant to paragraph (c) of Section |
3-10-5, whose
sentence has expired and whom it deems no longer |
meets the standard for
admission of a minor to a mental health |
facility, or is suitable for
administrative admission to a |
developmental disability facility. A person
committed to the |
Department of Juvenile Justice
Corrections under the Juvenile |
Court Act
or the Juvenile Court Act of 1987 and transferred to |
the Department of Human
Services under paragraph (c)
of Section
|
3-10-5 shall be released to the committing juvenile court when |
the
Department of Human Services determines that
he no longer |
requires hospitalization for treatment.
|
(Source: P.A. 89-507, eff. 7-1-97.)
|
(730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
|
Sec. 3-10-7. Interdivisional Transfers. (a) In any case |
where a minor
was originally prosecuted under the provisions of |
the Criminal Code of
1961, as amended, and sentenced under the |
provisions of this Act pursuant
to Section 2-7 of the Juvenile |
Court Act or Section 5-805 of the
Juvenile
Court Act of 1987 |
and committed to the Department of Juvenile Justice
Juvenile
|
Division under Section 5-8-6, the Department of Juvenile |
Justice
Corrections shall, within
30 days of the date that the |
minor
reaches the age of 17, send formal notification to the |
sentencing court
and the State's Attorney of the county from |
which the minor was sentenced
indicating the day upon which the |
minor offender will achieve the age
of 17. Within 90 days of |
receipt of that notice, the sentencing court shall
conduct a |
hearing, pursuant to the provisions of subsection (c) of this
|
Section to determine whether or not the minor shall continue to |
remain
under the auspices of the Department of Juvenile Justice
|
Juvenile Division or be transferred to the Adult
Division of |
the Department of Corrections.
|
The minor shall be served with notice of the date of the |
hearing,
shall be present at the hearing, and has the right to |
|
counsel at the
hearing. The minor, with the consent of his or |
her counsel or guardian may
waive his presence at hearing.
|
(b) Unless sooner paroled under Section 3-3-3, the |
confinement of a
minor person committed for an indeterminate |
sentence in a criminal
proceeding shall terminate at the |
expiration of the maximum term of
imprisonment, and he shall |
thereupon be released to serve a period of
parole under Section |
5-8-1, but if the maximum term of imprisonment does
not expire |
until after his 21st birthday, he shall continue to be
subject |
to the control and custody of the Department of Juvenile |
Justice, and on his 21st
birthday, he shall be transferred to |
the Adult Division of the Department of Corrections. If such |
person
is on parole on his 21st birthday, his parole |
supervision may be
transferred to the Adult Division of the |
Department of Corrections.
|
(c) Any interdivisional transfer hearing conducted |
pursuant to subsection
(a) of this Section shall consider all |
available information which may bear
upon the issue of |
transfer. All evidence helpful to the court in determining
the |
question of transfer, including oral and written reports |
containing
hearsay, may be relied upon to the extent of its |
probative value, even though
not competent for the purposes of |
an adjudicatory hearing. The court shall
consider, along with |
any other relevant matter, the following:
|
1. The nature of the offense for which the minor was found |
guilty and
the length of the sentence the minor has to serve |
and the record and
previous history of the minor.
|
2. The record of the minor's adjustment within the |
Department of
Juvenile Justice
Corrections' Juvenile Division, |
including, but not limited to, reports from
the minor's |
counselor, any escapes, attempted escapes or violent or
|
disruptive conduct on the part of the minor, any tickets |
received by the
minor, summaries of classes attended by the |
minor, and any record of work
performed by the minor while in |
the institution.
|
3. The relative maturity of the minor based upon the |
|
physical,
psychological and emotional development of the |
minor.
|
4. The record of the rehabilitative progress of the minor |
and an
assessment of the vocational potential of the minor.
|
5. An assessment of the necessity for transfer of the |
minor, including,
but not limited to, the availability of space |
within the Department of
Corrections, the disciplinary and |
security problem which the minor has
presented to the |
Department of Juvenile Justice
Juvenile Division and the |
practicability of maintaining
the minor in a juvenile facility, |
whether resources have been exhausted
within the Department of |
Juvenile Justice
Juvenile Division of the Department of |
Corrections, the
availability of rehabilitative and vocational |
programs within the
Department of Corrections, and the |
anticipated ability of the minor to
adjust to confinement |
within an adult institution based upon the minor's
physical |
size and maturity.
|
All relevant factors considered under this subsection need |
not be resolved
against the juvenile in order to justify such |
transfer. Access to social
records, probation reports or any |
other reports which are considered by
the court for the purpose |
of transfer shall be made available to counsel
for the juvenile |
at least 30 days prior to the date of the transfer hearing.
The |
Sentencing Court, upon granting a transfer order, shall |
accompany such
order with a statement of reasons.
|
(d) Whenever the Director of Juvenile Justice or his |
designee determines that the
interests of safety, security and |
discipline require the transfer to the
Department of |
Corrections
Adult Division of a person 17 years or older who |
was prosecuted under the
provisions of the Criminal Code of |
1961, as amended, and sentenced under
the provisions of this |
Act pursuant to Section 2-7 of the Juvenile Court Act
or |
Section 5-805 of the Juvenile Court Act of 1987
and committed |
to the Department of Juvenile Justice
Juvenile Division under |
Section 5-8-6, the Director or
his designee may authorize the |
emergency transfer of such person, unless
the transfer of the |
|
person is governed by subsection (e) of this Section.
The |
sentencing court shall be provided notice of any emergency |
transfer no
later than 3 days after the emergency transfer. |
Upon motion brought within
60 days of the emergency transfer by |
the sentencing court or any party, the
sentencing court may |
conduct a hearing pursuant to the provisions of
subsection (c) |
of this Section in order to determine whether the person
shall |
remain confined in the Department of Corrections
Adult |
Division.
|
(e) The Director of Juvenile Justice or his designee may |
authorize the permanent transfer to
the Department of |
Corrections
Adult Division of any person 18 years or older who |
was prosecuted under
the provisions of the Criminal Code of |
1961, as amended, and sentenced
under the provisions of this |
Act pursuant to Section 2-7 of the Juvenile
Court Act or |
Section 5-805 of the Juvenile Court Act of 1987
and committed |
to the Department of Juvenile Justice
Juvenile Division under |
Section 5-8-6 of this Act.
The Director of Juvenile Justice or |
his designee shall be governed by the following factors
in |
determining whether to authorize the permanent transfer of the |
person to
the Department of Corrections
Adult Division:
|
1. The nature of the offense for which the person was found |
guilty and
the length of the sentence the person has to serve |
and the record and
previous history of the person.
|
2. The record of the person's adjustment within the |
Department of Juvenile Justice
Department of
Corrections' |
Juvenile Division, including, but not limited to, reports from
|
the person's counselor, any escapes, attempted escapes or |
violent or
disruptive conduct on the part of the person, any |
tickets received by the
person, summaries of classes attended |
by the person, and any record of work
performed by the person |
while in the institution.
|
3. The relative maturity of the person based upon the |
physical,
psychological and emotional development of the |
person.
|
4. The record of the rehabilitative progress of the person |
|
and an
assessment of the vocational potential of the person.
|
5. An assessment of the necessity for transfer of the |
person, including,
but not limited to, the availability of |
space within the Department of
Corrections, the disciplinary |
and security problem which the person has
presented to the |
Department of Juvenile Justice
Juvenile Division and the |
practicability of maintaining
the person in a juvenile |
facility, whether resources have been exhausted
within the |
Department of Juvenile Justice
Juvenile Division of the |
Department of Corrections, the
availability of rehabilitative |
and vocational programs within the
Department of Corrections, |
and the anticipated ability of the person to
adjust to |
confinement within an adult institution based upon the person's
|
physical size and maturity.
|
(Source: P.A. 90-590, eff. 1-1-99.)
|
(730 ILCS 5/3-10-8) (from Ch. 38, par. 1003-10-8)
|
Sec. 3-10-8. Discipline.) (a) (1) Corporal punishment and
|
disciplinary restrictions on diet, medical or sanitary |
facilities,
clothing, bedding or mail are prohibited, as are |
reductions in
the frequency of use of toilets, washbowls and |
showers.
|
(2) Disciplinary restrictions on visitation, work, |
education
or program assignments, the use of toilets, washbowls
|
and showers shall be related as closely as practicable to
abuse |
of such privileges or facilities. This paragraph shall
not |
apply to segregation or isolation of persons for purposes
of |
institutional control.
|
(3) No person committed to the Department of Juvenile |
Justice
Juvenile Division may be
isolated for disciplinary |
reasons for more than 7 consecutive
days nor more than 15 days |
out of any 30 day period except in
cases of violence or |
attempted violence committed against
another person or |
property when an additional period of
isolation for |
disciplinary reasons is approved by the chief
administrative |
officer. A person who has been isolated for
24 hours or more |
|
shall be interviewed daily by his staff
counselor or other |
staff member.
|
(b) The Department of Juvenile Justice
Juvenile Division |
shall establish rules and
regulations governing disciplinary |
practices, the penalties
for violation thereof, and the |
disciplinary procedure by which
such penalties may be imposed. |
The rules of behavior shall be
made known to each committed |
person, and the discipline shall
be suited to the infraction |
and fairly applied.
|
(c) All disciplinary action imposed upon persons in
|
institutions and facilities of the Department of Juvenile |
Justice
Juvenile Division shall
be consistent with this Section |
and Department rules and
regulations adopted hereunder.
|
(d) Disciplinary action imposed under this Section shall be
|
reviewed by the grievance procedure under Section 3-8-8.
|
(e) A written report of any infraction for which discipline
|
is imposed shall be filed with the chief administrative officer
|
within 72 hours of the occurrence of the infraction or the
|
discovery of it and such report shall be placed in the file
of |
the institution or facility.
|
(f) All institutions and facilities of the Department of |
Juvenile Justice
Juvenile Division
shall establish, subject to |
the approval of the Director of Juvenile Justice,
procedures |
for disciplinary cases except those that may
involve the |
imposition of disciplinary isolation; delay in
referral to the |
Parole and Pardon Board or a change in work,
education or other |
program assignment of more than 7 days duration.
|
(g) In disciplinary cases which may involve the imposition
|
of disciplinary isolation, delay in referral to the Parole
and |
Pardon Board, or a change in work, education or other
program |
assignment of more than 7 days duration, the Director
shall |
establish disciplinary procedures consistent with the
|
following principles:
|
(1) Any person or persons who initiate a disciplinary |
charge
against a person shall not decide the charge. To the |
extent
possible, a person representing the counseling staff of |
|
the
institution or facility shall participate in deciding the
|
disciplinary case.
|
(2) Any committed person charged with a violation of
|
Department rules of behavior shall be given notice of the
|
charge including a statement of the misconduct alleged and of
|
the rules this conduct is alleged to violate.
|
(3) Any person charged with a violation of rules is |
entitled
to a hearing on that charge at which time he shall |
have an
opportunity to appear before and address the person or |
persons
deciding the charge.
|
(4) The person or persons deciding the charge may also |
summon
to testify any witnesses or other persons with relevant
|
knowledge of the incident. The person charged may be
permitted |
to question any person so summoned.
|
(5) If the charge is sustained, the person charged is |
entitled
to a written statement of the decision by the persons |
deciding
the charge which shall include the basis for the |
decision and
the disciplinary action, if any, to be imposed.
|
(6) A change in work, education, or other program |
assignment
shall not be used for disciplinary purposes except |
as provided
in paragraph (a) of the Section and then only after |
review and
approval under Section 3-10-3.
|
(Source: P.A. 80-1099.)
|
(730 ILCS 5/3-10-9) (from Ch. 38, par. 1003-10-9)
|
Sec. 3-10-9. Grievances.
|
The procedures for grievances of the Department of Juvenile |
Justice
Juvenile Division shall be governed
under Section |
3-8-8.
|
(Source: P.A. 77-2097.)
|
(730 ILCS 5/3-10-10) (from Ch. 38, par. 1003-10-10)
|
Sec. 3-10-10. Assistance to Committed Persons.
|
A person committed to the Department of Juvenile Justice
|
Juvenile Division shall be furnished with
staff assistance in |
the exercise of any rights and privileges granted him
under |
|
this Code. Such person shall be informed of his right to |
assistance
by his staff counselor or other staff member.
|
(Source: P.A. 77-2097.)
|
(730 ILCS 5/3-10-11) (from Ch. 38, par. 1003-10-11)
|
Sec. 3-10-11. Transfers from Department of Children and |
Family Services.
|
(a) If (i) a minor 10 years of age or older is adjudicated |
a
delinquent under the
Juvenile Court Act or the Juvenile Court |
Act of 1987 and placed with
the Department of Children and |
Family Services, (ii) it is determined by an
interagency review |
committee that the Department of
Children and Family Services |
lacks adequate facilities
to care for and rehabilitate such |
minor and that placement of such minor with
the Department of |
Juvenile Justice
Corrections, subject to certification by the |
Department of
Juvenile Justice
Corrections, is appropriate, |
and (iii) the Department of Juvenile Justice
Corrections
|
certifies that it has suitable facilities and personnel |
available for the
confinement of the minor, the Department of |
Children and Family Services may
transfer custody of the minor |
to the
Department of Juvenile Justice
Juvenile Division of the |
Department of Corrections provided that:
|
(1) the juvenile court that adjudicated the minor a |
delinquent orders
the transfer after a hearing with |
opportunity to the minor to be heard and
defend; and
|
(2) the Assistant Director of Juvenile Justice
the |
Department of Corrections, Juvenile
Division, is made a |
party to the action; and
|
(3) notice of such transfer is given to the minor's |
parent, guardian or
nearest relative; and
|
(4) a term of incarceration is permitted by law for |
adults found guilty
of the offense for which the minor was |
adjudicated delinquent.
|
The interagency review committee shall include a |
representative from the
Department of Children and Family |
Services, a representative from the
Department of Juvenile |
|
Justice
Corrections, and an educator and a qualified mental |
health
professional jointly selected by the Department of |
Children and Family Services
and the Department of Juvenile |
Justice
Corrections. The Department of Children and Family
|
Services, in consultation with the Department of Juvenile |
Justice
Corrections, shall promulgate
rules governing the |
operation of the interagency review committee pursuant to
the |
Illinois Administrative Procedure Act.
|
(b) Guardianship of a minor transferred under this Section |
shall remain
with the Department of Children and Family |
Services.
|
(c) Minors transferred under this Section may be placed by |
the Department
of Juvenile Justice
Corrections in any program
|
or facility of the Department of Juvenile Justice
Corrections, |
Juvenile Division, or any
juvenile residential facility.
|
(d) A minor transferred under this Section shall remain in |
the custody
of the Department of Juvenile Justice
Corrections, |
Juvenile Division, until the Department of
Juvenile Justice
|
Corrections determines that the minor is ready to leave its |
program. The
Department of Juvenile Justice
Corrections in |
consultation with the Department of Children and
Family |
Services shall develop a transition plan and cooperate with
the |
Department of Children and Family Services to move the minor to |
an
alternate program. Thirty days before implementing the |
transition plan, the
Department of Juvenile Justice
|
Corrections shall provide the court with notice of the plan. |
The
Department of Juvenile Justice's
Corrections' |
custodianship of the minor shall automatically
terminate 30 |
days after notice is provided to the court and the State's
|
Attorney.
|
(e) In no event shall a minor transferred under this |
Section remain in
the custody of the Department of Juvenile |
Justice
Corrections for a period of time in excess of
that |
period for which an adult could be committed for the same act.
|
(Source: P.A. 88-680, eff. 1-1-95.)
|
|
(730 ILCS 5/3-10-12) (from Ch. 38, par. 1003-10-12)
|
Sec. 3-10-12.
|
The Director of the Department of Juvenile Justice
|
Corrections may authorize the use of
any institution or |
facility of the Department of Juvenile Justice
Juvenile |
Division as a Juvenile
Detention Facility for the confinement |
of minors under 16 years of age in
the custody or detained by |
the Sheriff of any County or the police
department of any city |
when said juvenile is being held for appearance
before a |
Juvenile Court or by Order of Court or for other legal reason,
|
when there is no Juvenile Detention facility available or there |
are no
other arrangements suitable for the confinement of |
juveniles. The Director
of Juvenile Justice
the Department of |
Corrections may certify that suitable facilities and
personnel |
are available at the appropriate institution or facility for |
the
confinement of such minors and this certification shall be |
filed with the
Clerk of the Circuit Court of the County. The |
Director of Juvenile Justice
the Department of
Corrections may |
withdraw or withhold certification at any time. Upon the
filing |
of the certificate in a county the authorities of the county |
may
then use those facilities and set forth in the certificate |
under the terms
and conditions therein for the above purpose. |
Juveniles confined, by the
Department of Juvenile Justice
|
Corrections, under this Section, must be kept separate from
|
adjudicated delinquents.
|
(Source: P.A. 78-878.)
|
(730 ILCS 5/3-10-13)
|
Sec. 3-10-13. Notifications of Release or Escape.
|
(a) The Department of Juvenile Justice shall establish |
procedures to provide written
notification of the release of |
any person from the Department of Juvenile Justice
Juvenile |
Division to the
persons and agencies specified in subsection |
(c) of Section 3-14-1 of this
Code.
|
(b) The Department of Juvenile Justice shall establish |
procedures to provide immediate
notification of the escape of |
|
any person from the Department of Juvenile Justice
Juvenile |
Division to the
persons and agencies specified in subsection |
(c) of Section 3-14-1 of this
Code.
|
(Source: P.A. 91-695, eff. 4-13-00.)
|
(730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
|
Sec. 3-15-2. Standards and Assistance to Local Jails and |
Detention
and Shelter Care Facilities.
|
(a) The Department of Corrections shall establish for the |
operation of county and
municipal jails and houses of |
correction, and county juvenile detention
and shelter care |
facilities established pursuant to the "County Shelter
Care and |
Detention Home Act", minimum standards for the physical
|
condition of such institutions and for the treatment of inmates |
with
respect to their health and safety and the security of the |
community.
|
The Department of Juvenile Justice shall establish for the |
operation of county juvenile detention
and shelter care |
facilities established pursuant to the County Shelter
Care and |
Detention Home Act, minimum standards for the physical
|
condition of such institutions and for the treatment of |
juveniles with
respect to their health and safety and the |
security of the community.
|
Such standards shall not apply to county shelter care |
facilities which
were in operation prior to January 1, 1980. |
Such standards shall not seek
to mandate minimum floor space |
requirements for each inmate housed in cells
and detention |
rooms in county and
municipal jails and houses of correction.
|
However, no more than two inmates may be housed in a single |
cell or detention
room.
|
When an inmate is tested for an airborne
communicable |
disease, as determined by the Illinois Department of Public
|
Health including but not limited to tuberculosis, the results |
of
the test
shall be personally delivered by the warden or his |
or her designee in a sealed
envelope to the judge of the court |
in which the inmate must appear for the
judge's inspection in |
|
camera if requested by the judge. Acting in accordance
with the |
best interests of those in the courtroom, the judge shall have |
the
discretion to determine what if any precautions need to be |
taken to prevent
transmission of the disease in the courtroom.
|
(b) At least once each year, the Department of Corrections |
may inspect each
adult
facility for compliance with the |
standards established and the results
of such inspection shall |
be made available by the Department for public
inspection. At |
least once each year, the Department of Juvenile Justice shall |
inspect each
county juvenile detention and shelter care |
facility for compliance with the
standards established, and the |
Department of Juvenile Justice shall make the results of such
|
inspections available for public inspection.
If any detention, |
shelter care or correctional facility does
not comply with the |
standards established, the Director of Corrections
or the |
Director of Juvenile Justice, as the case may be, shall give |
notice to the county board and the sheriff or the corporate
|
authorities of the municipality, as the case may be, of such
|
noncompliance, specifying the particular standards that have |
not been
met by such facility. If the facility is not in |
compliance with such
standards when six months have elapsed |
from the giving of such notice,
the Director of Corrections or |
the Director of Juvenile Justice, as the case may be, may |
petition the appropriate court for an
order requiring such |
facility to comply with the standards established
by the |
Department or for other appropriate relief.
|
(c) The Department of Corrections may provide consultation |
services for the
design, construction, programs and |
administration of detention, shelter
care, and correctional |
facilities and services for children and adults
operated by |
counties and municipalities and may make studies and
surveys of |
the programs and the administration of such facilities.
|
Personnel of the Department shall be admitted to these |
facilities as
required for such purposes. The Department may |
develop and administer
programs of grants-in-aid for |
correctional services in cooperation with
local agencies. The |
|
Department may provide courses of training for the
personnel of |
such institutions and conduct pilot projects in the
|
institutions.
|
(c-5) The Department of Juvenile Justice may provide |
consultation services for the
design, construction, programs, |
and administration of detention and shelter care services for |
children operated by counties and municipalities and may make |
studies and
surveys of the programs and the administration of |
such facilities.
Personnel of the Department of Juvenile |
Justice shall be admitted to these facilities as
required for |
such purposes. The Department of Juvenile Justice may develop |
and administer
programs of grants-in-aid for juvenile |
correctional services in cooperation with
local agencies. The |
Department of Juvenile Justice may provide courses of training |
for the
personnel of such institutions and conduct pilot |
projects in the
institutions.
|
(d) The Department is authorized to issue reimbursement |
grants for
counties, municipalities or public building |
commissions for the purpose of
meeting minimum correctional |
facilities standards set by the Department
under this Section. |
Grants may be issued only for projects that were
completed |
after July 1, 1980 and initiated prior to January 1, 1987.
|
(1) Grants for regional correctional facilities shall |
not exceed 90% of
the project costs or $7,000,000, |
whichever is less.
|
(2) Grants for correctional facilities by a single |
county, municipality
or public building commission shall |
not exceed 75% of the proposed project
costs or $4,000,000, |
whichever is less.
|
(3) As used in this subsection (d), "project" means |
only that part of a
facility that is constructed for jail, |
correctional or detention purposes
and does not include |
other areas of multi-purpose buildings.
|
Construction or renovation grants are authorized to be |
issued by the
Capital Development Board from capital |
development bond funds after
application by a county or |
|
counties, municipality or municipalities or
public building |
commission or commissions and approval of a construction or
|
renovation grant by the Department for projects initiated after
|
January 1, 1987.
|
(e) The Department of Juvenile Justice shall adopt |
standards for county jails to hold
juveniles on a temporary |
basis, as provided in Section 5-410 of the
Juvenile Court Act |
of 1987. These standards shall include
educational, |
recreational, and disciplinary standards as well
as access to |
medical services, crisis intervention, mental health services,
|
suicide prevention, health care, nutritional needs, and |
visitation rights. The
Department of Juvenile Justice shall |
also notify any county applying to hold juveniles in a county
|
jail of the monitoring and program standards for juvenile |
detention facilities
under Section 5-410 of the Juvenile Court |
Act of
1987.
|
(Source: P.A. 89-64, eff. 1-1-96; 89-477, eff. 6-18-96; 89-656, |
eff. 8-14-96;
90-14, eff. 7-1-97; 90-590, eff. 1-1-99.)
|
(730 ILCS 5/3-16-5)
|
Sec. 3-16-5. Multi-year pilot program for selected paroled |
youth
released from institutions of the Department of Juvenile |
Justice
Juvenile Division.
|
(a) The Department of Juvenile Justice
Corrections may |
establish in Cook County, DuPage
County, Lake County, Will |
County,
and Kane County a 6 year pilot program for selected |
youthful offenders
released to parole by the Department of |
Juvenile Justice
Juvenile Division of the Department of |
Corrections.
|
(b) A person who is being released to parole from the |
Department of Juvenile Justice
Juvenile Division
under |
subsection (e) of Section 3-3-3 whom the
Department of Juvenile |
Justice
Juvenile Division deems a serious or at risk delinquent |
youth who is likely to
have
difficulty re-adjusting to the |
community, who has had either significant
clinical problems or |
a history of criminal activity related to sex offenses,
drugs, |
|
weapons, or gangs, and who is returning to
Cook County, Will |
County, Lake County, DuPage County, or Kane County may be
|
screened for eligibility to participate in the pilot
program.
|
(c) If the Department of Juvenile Justice establishes a |
pilot program under this
Section,
the Department of Juvenile |
Justice
Juvenile Division shall provide
supervision and |
structured services to persons selected to participate in the
|
program to: (i)
ensure that they receive high levels of |
supervision and case managed,
structured services; (ii) |
prepare them for re-integration into the community;
(iii) |
effectively monitor their compliance with parole requirements |
and
programming;
and (iv) minimize the likelihood that they |
will commit additional offenses.
|
(d) Based upon the needs of a participant, the Department |
of Juvenile Justice may provide any or
all of the following to |
a participant:
|
(1) Risk and needs assessment;
|
(2) Comprehensive case management;
|
(3) Placement in licensed secured community facilities
|
as a transitional measure;
|
(4) Transition to residential programming;
|
(5) Targeted intensive outpatient treatment services;
|
(6) Structured day and evening reporting programs and |
behavioral day
treatment;
|
(7) Family counseling;
|
(8) Transitional programs to independent living;
|
(9) Alternative placements;
|
(10) Substance abuse treatment.
|
(e) A needs assessment case plan and parole supervision |
profile may be
completed by the Department of Juvenile Justice
|
Corrections before the selected eligible
person's release from |
institutional custody to parole supervision.
The needs |
assessment case plan and parole supervision profile shall |
include
identification of placement
requirements, intensity of |
parole supervision, and assessments of
educational, |
psychological, vocational, medical, and substance abuse |
|
treatment
needs. Following the completion by the Department of |
Juvenile Justice
Corrections of the
parole supervision profile |
and needs assessment case plan, a comprehensive
parole case |
management plan
shall be developed for each committed youth |
eligible and selected for admission
to the pilot program. The |
comprehensive parole case management plan shall be
submitted |
for approval by the
Department of Juvenile Justice and for |
presentation to the Prisoner Review Board.
|
(f) The Department of Juvenile Justice may identify in a |
comprehensive parole case management
plan any special |
conditions for
parole supervision and establish sanctions for a |
participant who
fails to comply with the program requirements |
or who violates parole rules.
These sanctions may include the |
return of a participant to a secure community
placement or |
recommendations for parole revocation to the Prisoner
Review |
Board. Paroled youth may be held for investigation in secure |
community
facilities or on warrant
pending revocation in local |
detention or jail facilities based on age.
|
(g) The Department of Juvenile Justice may select and |
contract with a community-based network
and work in partnership |
with private providers to provide the services
specified in
|
subsection (d).
|
(h) If the Department of Juvenile Justice establishes a |
pilot program under this Section,
the Department of Juvenile |
Justice shall,
in the 3 years following the effective date of |
this amendatory Act of
1997, first implement the pilot program |
in Cook County
and then implement the pilot program in DuPage |
County, Lake County, Will
County, and Kane County in accordance |
with a schedule to be developed by the
Department of Juvenile |
Justice.
|
(i) If the Department of Juvenile Justice establishes a |
pilot program under this Section,
the Department of Juvenile |
Justice shall establish a 3 year follow-up evaluation and |
outcome
assessment for all participants in the pilot program.
|
(j) If the Department of Juvenile Justice establishes a |
pilot program under this Section,
the Department of Juvenile |
|
Justice shall publish an outcome study covering a 3 year
|
follow-up period for participants in the pilot program.
|
(Source: P.A. 90-79, eff. 1-1-98.)
|
(730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
|
Sec. 5-8-6. Place of Confinement. (a) Offenders sentenced |
to a term
of imprisonment for a felony shall be committed to |
the penitentiary
system of the Department of Corrections.
|
However, such sentence shall
not limit the powers of the |
Department of Children and Family Services
in relation to any |
child under the age of one year in the sole custody
of a person |
so sentenced, nor in relation to any child delivered by a
|
female so sentenced while she is so confined as a consequence |
of such
sentence. A person sentenced for a felony may be |
assigned by the
Department of Corrections to any of its |
institutions, facilities or
programs.
|
(b) Offenders sentenced to a term of imprisonment for less |
than one
year shall be committed to the custody of the sheriff. |
A person committed to the
Department of Corrections, prior to |
July 14, 1983, for less than one
year may be assigned by the
|
Department to any of its institutions, facilities or programs.
|
(c) All offenders under 17 years of age when sentenced to |
imprisonment
shall be committed to the Department of Juvenile |
Justice
Juvenile Division of the Department of
Corrections and |
the court in its order of commitment shall set a
definite term. |
Such order of commitment shall be the sentence of the
court |
which may be amended by the court while jurisdiction is |
retained;
and such sentence shall apply whenever the offender |
sentenced is in the
control and custody of the Adult Division |
of the Department of
Corrections. The provisions of Section |
3-3-3 shall be a part of such
commitment as fully as though |
written in the order of commitment. The
committing court shall |
retain jurisdiction of the subject matter and the
person until |
he or she reaches the age of 21 unless earlier discharged.
|
However, the Department of Juvenile Justice
Juvenile Division |
of the Department of
Corrections shall, after a juvenile has |
|
reached 17 years of age, petition
the court to conduct a |
hearing pursuant to subsection (c) of Section 3-10-7
of this |
Code.
|
(d) No defendant shall be committed to the Department of |
Corrections
for the recovery of a fine or costs.
|
(e) When a court sentences a defendant to a term of |
imprisonment
concurrent with a previous and unexpired sentence |
of imprisonment
imposed by any district court of the United |
States, it may commit the
offender to the custody of the |
Attorney General of the United States.
The Attorney General of |
the United States, or the authorized
representative of the |
Attorney General of the United States, shall be
furnished with |
the warrant of commitment from the court imposing
sentence, |
which warrant of commitment shall provide that, when the
|
offender is released from federal confinement, whether by |
parole or by
termination of sentence, the offender shall be |
transferred by the
Sheriff of the committing county to the |
Department of
Corrections. The
court shall cause the Department |
to be notified of such sentence at the
time of commitment and |
to be provided with copies of all records
regarding the |
sentence.
|
(Source: P.A. 83-1362.)
|
Section 30. The Probation and Probation Officers Act is |
amended by changing Sections 15 and 16.1 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 to reduce the
commitment of |
|
juvenile offenders to the Department of Juvenile Justice |
and shall require, when
appropriate, coordination with the |
Department of Corrections, the Department of Juvenile |
Justice, 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. For |
State fiscal years 2004, 2005, and 2006 only, the Mandatory
|
Arbitration Fund may 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 |
probationer
before the
Court having jurisdiction over the |
probationer for further order.
|
(Source: P.A. 93-25, eff. 6-20-03; 93-576, eff. 1-1-04; 93-839, |
eff. 7-30-04; 94-91, eff. 7-1-05.)
|
(730 ILCS 110/16.1)
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Sec. 16.1. Redeploy Illinois Program.
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(a) The purpose of this Section is to encourage the
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deinstitutionalization of juvenile offenders establishing
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pilot projects in counties or groups of counties that
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reallocate State funds from juvenile correctional confinement
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to local jurisdictions, which will establish a continuum of
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local, community-based sanctions and treatment alternatives
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for juvenile offenders who would be incarcerated if those
local |
services and sanctions did not exist. The allotment of
funds |
will be based on a formula that rewards local
jurisdictions for |
the establishment or expansion of local
alternatives to |
incarceration, and requires them to pay for
utilization of |
incarceration as a sanction. This redeployment
of funds shall |
be made in a manner consistent with the
Juvenile Court Act of |
1987 and the following purposes and
policies:
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(1) The juvenile justice system should protect the
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community, impose accountability to victims and |
communities for
violations of law,
and equip juvenile |
offenders with competencies to live
responsibly and |
productively.
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(2) Juveniles should be treated in the least
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restrictive manner possible while maintaining the safety
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of the community.
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(3) A continuum of services and sanctions from
least |
restrictive to most restrictive should be available
in |
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every community.
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(4) There should be local responsibility and
authority |
for planning, organizing, and coordinating
service |
resources in the community. People in the
community can |
best choose a range of services which
reflect community |
values and meet the needs of their own
youth.
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(5) Juveniles who pose a threat to the community or
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themselves need special care, including secure settings.
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Such services as detention, long-term incarceration, or
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residential treatment are too costly to provide in each
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community and should be coordinated and provided on a
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regional or Statewide basis.
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(6) The roles of State and local government in
creating |
and maintaining services to youth in the
juvenile justice |
system should be clearly defined. The
role of the State is |
to fund services, set standards of
care, train service |
providers, and monitor the
integration and coordination of |
services. The role of
local government should be to oversee |
the provision of
services.
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(b) Each county or circuit participating in the pilot
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program must create a local plan demonstrating how it will
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reduce the county or circuit's utilization of secure
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confinement of juvenile offenders in the Illinois Department
of |
Juvenile Justice
Corrections or county detention centers by the |
creation or
expansion of individualized services or programs |
that may
include but are not limited to the following:
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(1) Assessment and evaluation services to provide
the |
juvenile justice system with accurate individualized
case |
information on each juvenile offender including
mental |
health, substance abuse, educational, and family
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information;
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(2) Direct services to individual juvenile
offenders |
including educational, vocational, mental
health, |
substance abuse, supervision, and service
coordination; |
and
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(3) Programs that seek to restore the offender to
the |
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community, such as victim offender panels, teen
courts, |
competency building, enhanced accountability
measures, |
restitution, and community service.
The local plan must be |
directed in such a manner as to
emphasize an individualized |
approach to providing services to
juvenile offenders in an |
integrated community based system
including probation as |
the broker of services. The plan must
also detail the |
reduction in utilization of secure
confinement.
The local |
plan shall be limited to services and shall not
include |
costs for:
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(i) capital expenditures;
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(ii) renovations or remodeling;
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(iii) personnel costs for probation.
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The local plan shall be submitted to the Department of |
Human
Services.
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(c) A county or group of counties may develop an
agreement |
with the Department of Human Services to reduce their
number of
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commitments of juvenile offenders, excluding minors sentenced
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based upon a finding of guilt of first degree murder or an |
offense which is a
Class X forcible felony as defined in the |
Criminal Code of 1961, to the
Department of
Juvenile Justice
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Corrections, and then use the savings to develop local
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programming for youth who would otherwise have been committed
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to the Department of Juvenile Justice
Corrections. The county |
or group of
counties shall agree to limit their commitments to |
75% of the
level of commitments from the average number of |
juvenile
commitments for the past 3 years, and will receive the
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savings to redeploy for local programming for juveniles who
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would otherwise be held in confinement. The agreement shall
set |
forth the following:
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(1) a Statement of the number and type of juvenile
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offenders from the county who were held in secure
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confinement by the Illinois Department of Juvenile Justice
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Corrections or
in county detention the previous year, and |
an explanation
of which, and how many, of these offenders |
might be
served through the proposed Redeploy Illinois |
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Program for
which the funds shall be used;
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(2) a Statement of the service needs of currently
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confined juveniles;
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(3) a Statement of the type of services and
programs to |
provide for the individual needs of the
juvenile offenders, |
and the research or evidence base
that qualifies those |
services and programs as proven or
promising practices;
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(4) a budget indicating the costs of each service
or |
program to be funded under the plan;
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(5) a summary of contracts and service agreements
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indicating the treatment goals and number of juvenile
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offenders to be served by each service provider; and
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(6) a Statement indicating that the Redeploy
Illinois |
Program will not duplicate existing services and
programs. |
Funds for this plan shall not supplant existing
county |
funded programs.
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(d) (Blank).
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(e) The Department of Human Services shall be responsible |
for
the
following:
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(1) Reviewing each Redeploy Illinois Program plan
for |
compliance with standards established for such plans.
A |
plan may be approved as submitted, approved with
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modifications, or rejected. No plan shall be considered
for |
approval if the circuit or county is not in full
compliance |
with all regulations, standards and guidelines
pertaining |
to the delivery of basic probation services as
established |
by the Supreme Court.
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(2) Monitoring on a continual basis and evaluating
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annually both the program and its fiscal activities in
all |
counties receiving an allocation under the Redeploy
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Illinois Program. Any program or service that has not met
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the goals and objectives of its contract or service
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agreement shall be subject to denial for funding in
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subsequent years. The Department of Human Services shall
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evaluate the
effectiveness of the Redeploy Illinois |
Program in each
circuit or county. In determining the |
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future funding for
the Redeploy Illinois Program under this |
Act, the
evaluation shall include, as a primary indicator |
of
success, a decreased number of confinement days for the
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county's juvenile offenders.
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(f) Any Redeploy Illinois Program allocations not
applied |
for and approved by the Department of Human Services
shall be
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available for redistribution to approved plans for the
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remainder of that fiscal year. Any county that invests local
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moneys in the Redeploy Illinois Program shall be given first
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consideration for any redistribution of allocations. |
Jurisdictions
participating in Redeploy Illinois that exceed |
their agreed upon level of
commitments to the Department of |
Juvenile Justice
Corrections shall reimburse the
Department of |
Corrections for each commitment above the agreed upon
level.
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(g) Implementation of Redeploy Illinois.
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(1) Planning Phase.
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(i) Redeploy Illinois Oversight Board. The |
Department of Human Services
shall convene an |
oversight board to develop plans for a pilot Redeploy
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Illinois
Program. The Board shall include, but not be |
limited to, designees from the
Department of Juvenile |
Justice
Corrections, the Administrative Office of |
Illinois Courts,
the Illinois
Juvenile Justice |
Commission, the Illinois Criminal Justice Information
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Authority,
the Department of Children and Family |
Services, the State Board of Education,
the
Cook County |
State's Attorney, and a State's Attorney selected by |
the President
of the
Illinois State's Attorney's |
Association.
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(ii) Responsibilities of the Redeploy Illinois |
Oversight
Board. The Oversight Board shall:
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(A) Identify jurisdictions to be invited in |
the initial
pilot program of Redeploy Illinois.
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(B) Develop a formula for reimbursement of |
local
jurisdictions for local and community-based |
services
utilized in lieu of commitment to the |
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Department of
Juvenile Justice
Corrections, as |
well as for any charges for local
jurisdictions for |
commitments above the agreed upon
limit in the |
approved plan.
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(C) Identify resources sufficient to support |
the
administration and evaluation of Redeploy |
Illinois.
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(D) Develop a process and identify resources |
to
support on-going monitoring and evaluation of
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Redeploy Illinois.
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(E) Develop a process and identify resources |
to
support training on Redeploy Illinois.
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(F) Report to the Governor and the General |
Assembly
on an annual basis on the progress of |
Redeploy
Illinois.
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(iii) Length of Planning Phase. The planning phase |
may last
up to, but may in no event last longer than, |
July 1, 2004.
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(2) Pilot Phase. In the second phase of the Redeploy |
Illinois
program, the Department of Human Services shall |
implement
several pilot programs of Redeploy Illinois in |
counties or groups of
counties as identified by the |
Oversight Board. Annual review of
the Redeploy Illinois |
program by the Oversight Board shall include
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recommendations for future sites for Redeploy Illinois.
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(Source: P.A. 93-641, eff. 12-31-03.)
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Section 35. The Private Correctional Facility Moratorium |
Act is amended by changing Section 3 as follows:
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(730 ILCS 140/3) (from Ch. 38, par. 1583)
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Sec. 3. Certain contracts prohibited. After the effective |
date of
this Act, the State shall not contract with a private |
contractor or private
vendor for the provision of services |
relating to the operation of a
correctional facility or the |
incarceration of persons in the custody of the
Department of |
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Corrections or of the Department of Juvenile Justice; however, |
this Act does not apply to (1) State
work
release centers or |
juvenile residential facilities that provide separate care
or |
special treatment operated in whole or part by private |
contractors or
(2)
contracts for ancillary services, including |
medical services, educational
services, repair and maintenance |
contracts, or other services not directly
related to the |
ownership, management or operation of security services in a
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correctional facility.
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(Source: P.A. 88-680, eff. 1-1-95.)
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Section 40. The Line of Duty Compensation Act is amended by |
changing Section 2 as follows:
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(820 ILCS 315/2)
(from Ch. 48, par. 282)
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Sec. 2. As used in this Act, unless the context otherwise |
requires:
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(a) "Law enforcement officer" or "officer" means any person |
employed
by the State or a local governmental entity as a |
policeman, peace
officer, auxiliary policeman or in some like |
position involving the
enforcement of the law and protection of |
the public interest at the risk of
that person's life. This |
includes supervisors, wardens, superintendents and
their |
assistants, guards and keepers, correctional officers, youth
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supervisors, parole agents, school teachers and correctional |
counsellors
in all facilities of both the Juvenile and Adult |
Divisions of the
Department of Corrections and the Department |
of Juvenile Justice, while within the facilities under the |
control
of the Department of Corrections or the Department of |
Juvenile Justice or in the act of transporting inmates
or wards |
from one location to another or while performing their official
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duties, and all other Department of Correction or Department of |
Juvenile Justice employees who have daily
contact with inmates.
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The death of the foregoing employees of the Department of |
Corrections or the Department of Juvenile Justice
in order to |
be included herein must be by the direct or indirect willful
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act of an inmate, ward, work-releasee, parolee, parole |
violator, person
under conditional release, or any person |
sentenced or committed, or
otherwise subject to confinement in |
or to the Department of Corrections or the Department of |
Juvenile Justice.
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(b) "Fireman" means any person employed by the State or a |
local
governmental entity as, or otherwise serving as, a member |
or officer of
a fire department either for the purpose of the |
prevention or control of fire
or the underwater recovery of |
drowning victims, including volunteer firemen.
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(c) "Local governmental entity" includes counties, |
municipalities
and municipal corporations.
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(d) "State" means the State of Illinois and its |
departments,
divisions, boards, bureaus, commissions, |
authorities and colleges and
universities.
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(e) "Killed in the line of duty" means losing one's life as |
a result
of injury received in the active performance of duties |
as a law
enforcement officer, civil defense worker, civil air |
patrol member,
paramedic, fireman, or chaplain if the death |
occurs within
one year from the date
the injury was received |
and if that injury arose from violence or other
accidental |
cause. In the case of a State employee, "killed in the line
of |
duty" means losing one's life as a result of injury received in |
the
active performance of one's duties as a State employee, if |
the death occurs
within one year from the date the injury was |
received and if that injury
arose from a willful act of |
violence by another State employee committed
during such other |
employee's course of employment and after January 1,
1988. The |
term excludes death resulting from the willful
misconduct or |
intoxication of the officer, civil defense worker, civil
air |
patrol member, paramedic, fireman, chaplain, or State |
employee.
However,
the burden of proof of
such willful |
misconduct or intoxication of the officer, civil defense
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worker, civil air patrol member, paramedic,
fireman, chaplain, |
or State employee is on the Attorney
General. Subject to the |
conditions set forth in subsection (a) with
respect to |
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inclusion under this Act of Department of Corrections and |
Department of Juvenile Justice employees
described in that |
subsection, for the purposes of this Act, instances in
which a |
law enforcement officer receives an injury in the active
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performance of duties as a law enforcement officer include but |
are not
limited to instances when:
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(1) the injury is received as a result of a wilful act |
of violence
committed other than by the officer and a |
relationship exists between the
commission of such act and |
the officer's
performance of his duties as a law |
enforcement officer, whether or not the
injury is received |
while the officer is on duty as a law enforcement officer;
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(2) the injury is received by the officer while the |
officer is
attempting to prevent the commission of a |
criminal act by another or
attempting to apprehend an |
individual the officer suspects has committed a
crime, |
whether or not the injury is received while the officer is |
on duty
as a law enforcement officer;
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(3) the injury is received by the officer while the |
officer is
travelling to or from his employment as a law |
enforcement officer or during
any meal break, or other |
break, which takes place during the period in
which the |
officer is on duty as a law enforcement officer.
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In the case of an Armed Forces member, "killed in the line |
of duty" means
losing one's life while on active duty in |
connection with the September 11, 2001 terrorist attacks on the |
United States, Operation Enduring Freedom, or Operation Iraqi |
Freedom.
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(f) "Volunteer fireman" means a person having principal |
employment
other than as a fireman, but who is carried on the |
rolls of a regularly
constituted fire department either for the |
purpose of the prevention or
control of fire or the underwater |
recovery of drowning victims, the members
of which are under |
the
jurisdiction of the corporate authorities of a city, |
village,
incorporated town, or fire protection district, and |
includes a volunteer
member of a fire department organized |
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under the "General Not for Profit
Corporation Act", approved |
July 17, 1943, as now or hereafter amended,
which is under |
contract with any city, village, incorporated town, fire
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protection district, or persons residing therein, for fire |
fighting
services. "Volunteer fireman" does not mean an |
individual who
volunteers assistance without being regularly |
enrolled as a fireman.
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(g) "Civil defense worker" means any person employed by the |
State or
a local governmental entity as, or otherwise serving |
as, a member of a
civil defense work force, including volunteer |
civil defense work forces
engaged in serving the public |
interest during periods of disaster,
whether natural or |
man-made.
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(h) "Civil air patrol member" means any person employed by |
the State
or a local governmental entity as, or otherwise |
serving as, a member of
the organization commonly known as the |
"Civil Air Patrol", including
volunteer members of the |
organization commonly known as the "Civil Air Patrol".
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(i) "Paramedic" means an Emergency Medical |
Technician-Paramedic certified by
the Illinois Department of |
Public Health under the Emergency Medical
Services (EMS) |
Systems Act, and all other emergency medical personnel
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certified by the Illinois Department of Public Health who are |
members of an
organized body or not-for-profit corporation |
under the jurisdiction of
a city, village, incorporated town, |
fire protection district or county, that
provides emergency |
medical treatment to persons of a defined geographical area.
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(j) "State employee" means any employee as defined in |
Section
14-103.05 of the Illinois Pension Code, as now or |
hereafter amended.
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(k) "Chaplain" means an individual who:
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(1) is a chaplain of (i) a fire
department or (ii) a |
police department
or other agency
consisting of law |
enforcement officers; and
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(2) has been designated a chaplain by (i) the
fire |
department, police department, or other agency or an |
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officer
or body having jurisdiction over the department or |
agency or (ii) a labor
organization representing the |
firemen or law enforcement officers.
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(l) "Armed Forces member" means an Illinois resident who |
is: a member of
the
Armed Forces of the United States; a member |
of the Illinois National Guard
while on active military service |
pursuant to an order of the President of the
United States; or |
a member of any reserve component of the Armed Forces of the
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United States while on active military service pursuant to an |
order of the
President of the United States.
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(Source: P.A. 93-1047, eff. 10-18-04; 93-1073, eff. 1-18-05.)
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