|
(Source: P.A. 93-25, effective 06/20/03; 93-1029, effective 08/25/04.)
|
(20 ILCS 5/5-20)
(previously 20 ILCS 5/4)
|
Sek. 5-20. Head of department. Every department must have |
Officer in Chief, said to be known as Director or |
Secretary and who shall, subject to the provisions of civil law |
Administrative Code of Illinois, carries out the powers and |
fulfill the obligations conferred on him by law |
Department.
|
The following officers are hereby created:
|
Director of Aging, for the Department of Aging.
|
Director of Agriculture at the Ministry of |
Agriculture.
|
Director of Central Management Services for the |
Central Management Services Division.
|
Director of Children and Family Services for the |
Department of Children and Family Services.
|
Director of Trade and Economic Opportunity, forthe |
Department of Trade and Economic Opportunities.
|
Director of Corrections, for the Department of |
Corrections.
|
Director of the Emergency Management Agency for emergencies |
management agency. |
Director of Employment Security at the Department of |
employment security.
|
Director of Financial Institutions, for the department |
financial institutions.
|
Director of Human Rights, for the Department of Human Rights |
Right.
|
Human Services Secretary, for the Human Department |
Services.
|
Director of Insurance, for the Insurance Department.
|
Director of Juvenile Justice at the Ministry of |
juvenile criminal law.
|
Director of Labor at the Department of Labor.
|
Lottery Director, for the Lottery Department.
|
|
Director of Natural Resources at the Ministry of |
Natural resources.
|
Director of Professional Regulation, for the department |
professional regulations.
|
Director of Public Aid, for the Department of Public Aid.
|
Director of Public Health, for the Department of Public Affairs |
Health.
|
Finance Director of the Ministry of Finance.
|
Director of State Police for the State Department |
Police.
|
Minister of Transport for the Ministry of |
Transport.
|
Director of Veterans Affairs at the Ministry of |
Veterans Affairs.
|
(Source: P.A. 93-25, effective 06/20/03; 93-1029, effective 08/25/04.)
|
(20 ILCS 5/5-335)
(previously 20 ILCS 5/9.11a)
|
Sek. 5-335. In the correctional facility. The director |
The rapporteur receives an annual salary fixed by law |
Governor from time to time or as determined in the Compensation Report |
Board, whichever is greater.
|
The deputy head of the correctional facility – juvenile department |
receives an annual salary determined by the governor from time to time |
from time to time or as determined by the Compensation Review Board, whichever is the case |
is better.
|
The deputy chief of the penitentiary – adult division |
receives an annual salary determined by the governor from time to time |
from time to time or as determined by the Compensation Review Board, whichever is the case |
is better.
|
(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)
|
Sek. 5-362. in juvenile justice. The |
The Director of Juvenile Justice receives an annual salary |
determined by the Governor from time to time or as determined by the |
|
Compensation Review Committee, whichever is greater.
|
Section 6. The Children and Family Services Act is amended |
by amending Section 17a-11 as follows:
|
(20 ILCS 505/17a-11)
(from Chap. 23, Abs. 5017a-11)
|
Sek. 17a-11. Governor's Youth Welfare Initiative. In |
Cooperation with the Department of juvenile criminal law
|
corrections , the Department of Human Services and the Illinois |
State Board of Education, Department of Children and Family |
The services set up the governor's youth services |
Initiative. This program is designed to help |
Multi-problem youth whose difficulties are not clear |
Responsibility of a government agency and to whom reference is made |
the program by the juvenile court. The decision to found |
and maintaining an initiative program based on that |
Availability of program funds and the overall needs of the |
Service area.
|
A policy board will be set up to make decisions |
Board of the Governor's Youth Services Initiative. The whiteboard |
is composed of liaison officers of the state authorities appointed by the authority |
Minister of Human Services, the directors of the Department of |
Children and Family Services and the Department of youthful |
justice
corrections , and the State Superintendent of |
Education. The Board of Directors meets at least quarterly.
|
The Department of Children and Family Services can |
Establishment of a system of regional inter-agency councils in the region |
address different geographic regions of the state |
regional or local level to provide services |
adolescents with multiple problems.
|
The Department of Children and Family Services in |
Consultation with the above sponsors of the program |
enacts rules and regulations in accordance with the Illinois |
Administrative Procedures Act, for the development of |
Initiative programs in densely populated areas of the state |
meet the needs of multi-problematic young people.
|
|
(Quelle: P.A. 88-487; 89-507, eff. 7-1-97.)
|
Section 7. The Illinois Pension Code is being amended by |
Amending Section 14-110 as follows:
|
(40 ILCS 5/14-110)
(from chap. 108 1/2, par. 14-110)
|
Sek. 14-110. Alternative old-age pension.
|
(a) Any member who has retired from service with at least a lesser amount |
more than 20 years of eligible creditable service and has achieved |
55 years old, and any member who has not retired with |
less than 25 years of creditable service and has |
has reached the age of 50, regardless of whether one of these two goals has been achieved |
of the specified age as long as the member is still present |
Service, is entitled to receive at the choice of |
Member, instead of regular or minimum pension, a |
Old-age pension is calculated as follows:
|
(i) for periods of service as an uninsured worker: if |
Retirement occurs on or after January 1, 2001, 3% of final amount |
average compensation for each creditable year of 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 over 10 years |
up to and including 20 years of creditable service and 2 3/4% |
for each creditable year of service over 20 years; And
|
(ii) for periods of qualifying Eligible Service as |
insured worker: if retirement occurs on or after January |
1. 2001, 2.5% of the final average remuneration for each year |
of credible service; if retirement occurs before January |
1. 2001, 1.67% of the final average salary for each of them |
1.90% each in the first 10 years of service |
2.10% for each year of service over the next 10 years of service |
Service of more than 20 but not more than 30, and 2.30% for |
more than 30 every year.
|
This pension is a maximum of 75% of the final amount |
average salary upon retirement before January 1, |
2001 or a maximum of 80% of the final average remuneration if |
|
Retirement will take place on or after January 1, 2001.
|
These tariffs do not apply to services |
conducted by a member as an insured worker, which is not the case |
eligible, creditable benefit. Service as an insured employee |
which are subject to ineligible creditable achievements |
the tariffs and provisions of Sections 14-108.
|
(b) For the purposes of this Section, “Eligible Credit”. |
"Service" means creditable performance resulting from the service in one |
or more of the following positions:
|
(1) State Police Officer;
|
(2) Firefighter in the fire protection service a |
Department;
|
(3) air pilot;
|
(4) special agent;
|
(5) Secretary of State investigators;
|
(6) Conservation Policeman;
|
(7) Treasury Department investigators;
|
(8) Security guards of the Department of Human Medicine |
Services;
|
(9) Central Administrative Services Security Police |
Officer;
|
(10) Security staff of the Ministry of |
corrections or the Ministry of Juvenile Justice ;
|
(11) Dangerous Drugs Investigators;
|
(12) Department of State Police Investigators;
|
(13) Investigators of the Public Prosecutor's Office |
Generally;
|
(14) Controlled Substances Examiners;
|
(15) Investigators for the Office of State |
Lawyers Appeals Prosecutor's Office;
|
(16) Trade Commission Police Officer;
|
(17) fire investigators;
|
(18) State Road Maintenance Workers.
|
A person employed in one of the positions mentioned here |
Subsection is eligible for qualifying creditable benefits for |
Service Credit received under this item while performing the |
|
Illinois law approved basic police training course |
Enforcement TrainingStandards Board when completed |
Training is required for individuals serving in this position |
For purposes of this Code, service is required during the required basic training |
Police training is considered a service |
Duties of the specified position even if the person is not |
a sworn peace officer at the time of training.
|
(c) For the purposes of this section:
|
(1) The term "state police officer" includes any title or |
Position in the Department of State Police held by |
a person employed under the State Police Act.
|
(2) The term "fireman in fire protection". |
"Service of a department" includes all officers in such fire |
Protection service, including fire chiefs and assistants |
fire chiefs.
|
(3) The term "air pilot" includes any employee whose |
official job description, filed with the Department of |
Central Administrative Services, or in the department from which |
he will be employed if that department does not fall under the |
The Personnel Code states that his main task is this |
operation of aircraft and who holds a pilot's license; |
However, the resulting change in that definition was made |
The 1983 Amendment Act is not intended to exclude anyone |
uninsured employee who was in the sense of an “air pilot”. |
of this section on January 1, 1984.
|
(4) The term "Special Agent" means any person acting through |
Reason for employment at the Department of Narcotics Control, |
the Bureau of Investigation or after July 1, 1977 the |
Department of Criminal Investigation, Department of |
Internal investigation, operations department, or others |
other department or organizational unit within the department |
of the state police are legally equipped with obligations to maintain |
public order, investigating violations of criminal law |
This state, enforcing this state's laws, making arrests |
and get property back. The term "special agent" includes all |
Title or position in the Department of State Police |
|
owned by a person employed under the State Police Act.
|
(5) The Term "Investigator of the Secretary of State" |
means any person employed in the Secretary's office |
State and equipped with such investigative tasks as rendering |
he is not entitled to insurance coverage under the Social Security Act |
pursuant to Sections 218(d)(5)(A), 218(d)(8)(D) and |
218(l)(1) of this Act.
|
A person hired as an investigator for the |
Secretary of State between January 1, 1967 and December 31 |
1975 and served as such until his majority |
60, either continuously or with a single dip |
of no more than 3 years, the interruption of which ends |
before January 1, 1976, are entitled to it |
Old-age pension calculated according to |
Subsection (a), notwithstanding having fewer than 20 |
years of recognition for this service.
|
(6) The term "conservation police officer" means anyone |
Person employed by the Department of Law Enforcement |
Ministry of Natural Resources and endowed with such a law |
Enforcement obligations mean that he is not entitled to insurance cover |
according to the Social Security Act due to sections |
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of this Act. The |
The term "Conservation Police Officer" encompasses the positions |
of the Chief Conservation Police Administrator and Assistant |
Administrator of the Conservation Police.
|
(7) The term “Investigators for the Department of |
“Income” means any person employed by the Department of |
Revenue and endowed with such investigative tasks as Render |
he is not entitled to insurance coverage under the Social Security Act |
pursuant to Sections 218(d)(5)(A), 218(d)(8)(D) and |
218(l)(1) of this Act.
|
(8) The term “Security Officers of the Ministry of |
"Human Services" means any person employed by the Department |
of Human Services who (i) is employed by Chester Mental |
health center and has daily contact with the residents |
of which (ii) is employed within a security unit at a |
|
The facility is run by the department and has daily contact |
busy with the residents of the security unit, (iii). |
at a facility operated by the department, which includes: |
security unit and is regularly scheduled to work |
50% of his working time within this security unit, |
or (iv) is a mental health police officer. "Mental health |
"Police Officer" means any person employed by the Department |
ofHuman Services in a position related to the |
Division of Mental Health and Developmental Disabilities |
Functions equipped with such law enforcement tasks as |
result in the person being ineligible for coverage under Social Security |
SecurityAct pursuant to Sections 218(d)(5)(A), |
218(d)(8)(D) and 218(l)(1) of this Act. "Security Unit" |
designates the part of a facility dedicated to it |
Care, containment and treatment of those to whom she is committed |
classified as sexually violent by the Department of Human Services |
Persons, persons who are not competent to negotiate or persons who are not competent to negotiate |
guilty of insanity. Regarding the past |
Employment, referrals to the Department of Human Services |
This includes its predecessor, the Department of Mental Health |
and developmental disorders.
|
The changes made by Public to this subsection (c)(8). |
Law 92-14 applies to people retiring beginning in January |
1.2001, notwithstanding Section 1-103.1.
|
(9) "Security Police of the Central Administrative Services". |
“Official” means any person employed by the Ministry of |
Central administrative services equipped with such a law |
Enforcement obligations mean that he is not entitled to insurance cover |
according to the Social Security Act due to sections |
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of this Act.
|
(10) For a member who became an employee for the first time |
In this article prior to July 1, 2005, the term "security" is used |
Correctional facility staff or the department |
of juvenile justice "refers to any employee of the department |
the corrections or the Ministry of Juvenile Justice or the |
former human resources department and each member or employee |
|
of the Prisoner Review Board, with whom he is in daily contact |
inmates or youth by working in a correctional facility |
or juvenile facility operated by the Department of Juvenile |
justice or who is a probation officer or employee who did so |
Direct contact with people involved in the implementation of |
his or her professional duties. For a member who becomes a member for the first time |
Employees referred to in this Article on or after July 1, 2005, the |
The term denotes an employee of the correctional authority or |
the Department of Juvenile Justice Who is one of them? |
The following: (i) official seat in a correctional facility |
Furnishings or youth facility operated by the Department of |
juvenile criminal law , (ii) a probation officer, (iii) a member of |
the arrest unit, (iv) a member of the intelligence service |
unit, (v) a member of the sorting team, or (vi) a |
investigator.
|
(11) The term “dangerous drug investigator” means anyone |
Person employed as such by the Department of Human |
Services.
|
(12) The term “State Department investigator”. |
"Police" means a person employed by the State Department |
Police equipped under Section 4 of the Narcotics Act |
Law on the abolition of the control department with such a prosecution |
Powers that exclude him from coverage after |
Social Security Act pursuant to Sections 218(d)(5)(A), |
218(d)(8)(D) and 218(l)(1) of this Act.
|
(13) "Investigators of the public prosecutor's office". |
“General” is any person employed as such by the |
The Office of the Attorney General is equipped with it |
Obligations to investigate mean that he is not entitled to insurance cover |
according to the Social Security Act due to sections |
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of this Act. For |
The period before January 1, 1989 includes all |
Persons employed by the Office as investigators |
of the Attorney General, regardless of social security |
Status.
|
(14) "Controlled Substances Inspector" means any person |
|
Who is employed as such in the specialist department? |
regulation and is endowed with such law enforcement duties |
As a result, he is not entitled to insurance coverage under the social security system |
Security Act pursuant to Sections 218(d)(5)(A), |
218(d)(8)(D) and 218(l)(1) of this Act. The term |
Controlled Substances Inspector includes the program |
Executive of Enforcement und das Assistant Program |
Executive of Enforcement.
|
(15) The term "Investigators for the Office of the |
"Prosecutors, Appellate Prosecutors" means an individual |
employed in this capacity on a full-time basis pursuant to |
Authority of Section 7.06 of the Prosecutors |
Law on the Public Prosecutor's Office.
|
(16) “Trade Commission Police Officer” means anyone |
Person employed by the Illinois Commerce Commission |
equipped with such criminal prosecution duties that are incumbent on him |
are not entitled to insurance coverage under the Social Security Act |
pursuant to Sections 218(d)(5)(A), 218(d)(8)(D) and |
218(l)(1) of this Act.
|
(17) “Arson investigator” is any person that is |
employed as such by the Office of the State Fire Brigade |
and is equipped with such law enforcement tasks as Render |
the person who is not entitled to social security coverage |
SecurityAct pursuant to Sections 218(d)(5)(A), |
218(d)(8)(D) and 218(l)(1) of this Act. A person it was |
was employed as an arson investigator on January 1, 1995 and is |
no longer in service but not yet retired |
Annuity may exchange his or her eligible benefit |
Consider employment as a fire investigator |
chargeable service by paying the difference to the system |
between the employee contributions actually paid |
service and the amounts that would have been deposited if |
The applicant paid the applicable rate |
People with the same social security status earn |
eligible creditable benefit at the time of application.
|
(18) The term "government road maintenance company" means: |
|
a person who has any of the following characteristics:
|
(i) A person employed on a full-time basis |
IllinoisDepartment of Transportation in der Position |
ofhighway Maintainer, Highway Maintenance Lead |
Worker, road maintenance manager/senior worker, heavy |
Construction machine operator, excavator |
operator, or bridge mechanic; and its client |
The responsibility is to carry out on the roadway |
Actual maintenance work is needed to keep the highways this way |
are part of the operational Statehighway system |
condition for vehicle traffic.
|
(ii) A person employed on a full-time basis |
IllinoisState Toll Highway Authority in der Position |
of equipment operator/worker H-4, equipment |
Operator/Worker H-6, Welder H-4, Welder H-6, |
mechanical/electrical H-4, mechanical/electrical H-6, |
Water/Sewage H-4, Water/Sewage H-6, Signmaker/Hanger |
H-4, Sign Makers/Hangers H-6, Street Lights H-4, |
H-6 Street Lighting, H-4 Structural Lighting, H-6 Structural Lighting, |
Painter H-4, or Painter H-6; and its client |
The responsibility is to carry out on the roadway |
actual maintenance necessary to maintain authority |
Toll roads in operational condition for vehicles |
Traffic.
|
(d) A law enforcement officer security officer or |
the Department of Juvenile Justice , and a security officer from |
the Department of Human Services, which is not a mental health provider |
B. a police officer, are not entitled to the alternative |
the old-age pension provided for in this section, unless he or she |
meets the following minimum age and service requirements |
Time of retirement:
|
(i) 25 years of creditable service and 55 years of age; |
or
|
(ii) From January 1, 1987, 25 years of eligibility |
creditable service and age 54, or 24 years to be eligible |
credible service and age 55; or
|
|
(iii) From January 1, 1988, 25 years of eligibility |
creditable service and age 53, or 23 years to be eligible |
credible service and age 55; or
|
(iv) 25 years of eligibility from 1 January 1989 |
creditable service and age 52, or 22 years to be eligible |
credible service and age 55; or
|
(v) 25 years of eligibility from 1 January 1990 |
creditable service and age 51, or 21 years of age to be eligible |
credible service and age 55; or
|
(vi) Eligible for 25 years from 1 January 1991 |
creditable service and age 50 or 20 eligible |
credible service and age 55.
|
Individuals who hold Service Credit pursuant to Article 16 |
Code for the service as a security officer of the Ministry of |
corrections or the Ministry of Juvenile Justice, or the |
Department of Human Services in a position that requires it |
Certification as a teacher may count towards this achievement |
Determining their eligibility according to service requirements |
this section; However, this service may only be used for |
to establish that eligibility and not for that purpose |
Increase or calculation of a benefit.
|
(e) If a member enlists while serving in military service |
position in which eligible creditable achievements can be earned, |
and returns to government service in the same or a different form |
position and otherwise meets the conditions |
which are prescribed in this article for the crediting of military service, |
such military service is counted as creditable |
Term of service within the meaning of the prescribed old-age pension |
In this section.
|
(f) For the purpose of calculating retirement benefits in accordance with |
this section, periods of service rendered after December 31, |
1968 and before October 1, 1975 as an insured employee in the |
Position of Special Agent, Conservation Officer and Psychiatric Officer |
Minister's Health Police Officer or Investigator |
State, shall be deemed to have been served in bad faith |
Employee, provided that the employee pays to the system beforehand |
|
for retirement, an amount equal to (1) the difference between the |
Employee contributions that would have been required for this |
Length of service as an uninsured employee and the number of employees |
contributions actually paid, plus (2) if payment is later |
July 31, 1987, regular interest on the amount stated in the item |
(1) from the date of delivery to the date of payment.
|
For the purposes of calculating old-age pensions, see below |
this section, periods of service after December 31, |
1968 and before January 1, 1982 as an insured employee in the |
The position of an investigator for the Department of Treasury is said to be |
counts as service as an uninsured worker, provided |
that the employee pays into the system before retirement |
Amount equal to (1) the difference between the employee |
Contributions that would have been required for such a service |
an uninsured employee and the amount of employee contributions |
actually paid, plus (2) if payment is made after January 1, |
1990, regular interest on the amount mentioned under (1). |
from the day of delivery to the day of payment.
|
(g) A State Police Officer may, no later than January 1, elect: |
1990 to establish an eligible creditable service for up to 10 |
Years of service as a police officer under Article 3, by filing |
a written election with the board, accompanied by the payment of a |
Amount to be determined by the Board, equal to (i) the |
Difference between the amount of the employee and the employer |
Contributions submitted to the System pursuant to Section 3-110.5, |
and the amounts that would have been donated would have had such |
Contributions were made at the rates applicable to the state |
Police Officers, plus (ii) interest thereon at the Effective Rate for |
each year, compounded annually, from the date of service to |
Date of payment.
|
Subject to the limitation in subsection (i), a State |
The police officer has until July 1, 1993 at the latest to decide on the facility |
Eligible creditable service for up to 10 years of service |
as a member of the county police authority pursuant to Article 9, of |
Submission of a written election to the Board, accompanied by |
Payment of an amount to be determined by the Board of Directors |
|
(i) the difference between the amount of the employee and the employer |
Contributions submitted to the System pursuant to Section 9-121.10 |
and the amounts that would have been deposited would have had these |
Contributions were made at the rates applicable to the state |
Police Officers, plus (ii) interest thereon at the Effective Rate for |
each year, compounded annually, from the date of service to |
Date of payment.
|
(h) Subject to the limitation in subsection (i), a State |
The Secretary of State can elect a police officer or investigator |
to establish eligible, creditable service for up to 12 years |
his service as a police officer in accordance with Article 5 by filing a written complaint |
Elected by the Board of Directors on or before January 31, 1992 and |
to pay an amount to the system by January 31, 1994 |
determined by the Board, equal to (i) the difference between |
the amount of the transferred employee and employer contributions |
to the Section 5-236 system and the amounts that would require it |
Contributions have been made if such contributions would have been made |
Rates applicable to State Police Officers plus (ii) interest thereon |
at the effective interest rate for each year, compounded annually |
from the day of delivery to the day of payment.
|
Subject to the limitation in subsection (i), a State |
Police officer, conservation officer or investigator for |
The Foreign Minister can decide to determine eligibility |
Creditable service for up to 10 years of service as a sheriff |
Article 7 Law Enforcement Officer, by written submission |
Elected by the Board of Directors on or before January 31, 1993 and |
deposit an amount into the system by January 31, 1994 |
determined by the Board, equal to (i) the difference between |
the amount of the transferred employee and employer contributions |
to the system under Section 7-139.7 and the amounts that would require it |
Contributions have been made if such contributions would have been made |
Rates applicable to State Police Officers plus (ii) interest thereon |
at the effective interest rate for each year, compounded annually |
from the day of delivery to the day of payment.
|
(i) The total amount of eligible eligible services |
incorporated by a 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), to |
Investigator for the Prosecutor's Office of Appeals |
The prosecutor or a controlled substances inspector may choose to do so |
demonstrate qualifying, creditable service for up to 10 years |
Serving as a police officer under Article 3 or a sheriff's statute |
Enforcement staff under Article 7 by submitting a written application |
Election by the Board, accompanied by the payment of an amount of |
to be determined by the Board, equal to (1) the difference between |
the amount of the transferred employee and employer contributions |
to the system pursuant to Section 3-110.6 or 7-139.8 and the amounts |
that would have been donated if there had been such contributions |
will be at the rates applicable to state police officers, plus (2) |
interest thereon at the effective interest rate for each year, |
compounded annually, from the date of service to the date of |
Payment.
|
(k) Subject to the limitation in subsection (i) hereof |
Section: The employee can specify an alternative formula |
eligible creditable benefit for periods spent in full-time employment |
police officer or full-time correctional officer |
employed by the federal, state or local government |
Government based outside of Illinois for which there is no credit |
are held in another government employee pension fund or are retiring |
System. To receive this credit, the applicant must submit an application |
Written application to the board by March 31, 1998, |
together with proof of eligibility acceptable to the Board |
andpayment of an amount to be determined by the board of directors |
to (1) employee contributions for the loan to be established, |
based on applicant's salary on day one as |
Alternative formula workers after employment for the |
The creditworthiness is determined and the interest rates then applicable |
Alternate formula employee plus (2) an amount determined by |
The board is equal to the employer's normal cost of benefits |
accrued for credit, plus (3) regular amount |
Interest on the amounts in points (1) and (2) from the first day |
as an alternative formula employee after employment for |
|
What credit is established by the payment date?
|
(l) Subject to the limitation in subsection (i), a security |
The prison officer cannot vote later |
than July 1, 1998 to establish eligible chargeable service |
up to 10 years of service as a police officer |
Article 3, by submitting a written vote to the Board, |
associated with the payment of an amount to be determined by him |
Board, equal to (i) the difference between the amount of |
Employee and employer contributions are transferred to the system |
pursuant to Section 3-110.5 and the amounts that would have been |
if such contributions had been made at the appropriate rates |
applies to security staff of the Ministry of |
Corrections, plus (ii) interest at the effective interest rate |
for each year, compounded annually, from the Service Date to |
the date of payment.
|
(m) The supplemental changes to this Section made thereby |
Amendment legislation of the 94th General Assembly applies only to: (1) |
Security staff of the Ministry of Juvenile Justice |
employed by the penitentiary authority prior to its entry into force |
Date of this Amendment Act of the 94th General Assembly and |
transferred to the juvenile detention center in this way |
94th General Assembly Amendment Act; and (2) people |
employed by the Department of Juvenile Justice on or after |
Effective Date of this Amendment Act of the 94th General |
Assembly required by subsection (b) of Section 3-2.5-15 |
of the Unified Code of Corrections to obtain a bachelor's or |
Advanced degree from an accredited college or university with a |
Specialization in criminal law, pedagogy, psychology, |
social work or a closely related social science or in the |
for people who provide vocational training, who are |
It is required that they have sufficient knowledge in the skill they are practicing |
provide vocational training.
|
(Quelle: P.A. 94-4, eff. 6-1-05.)
|
Section 10. The Counties Code is changed by amendment |
Section 3-6039 as follows:
|
|
(55 ILCS 5/3-6039)
|
Sek. 3-6039. County Juvenile Detention Program.
|
(a) With the approval of the district board, the ministry |
of the probation and court services in each county have the |
Authority to conduct a county juvenile detention program |
eligible delinquent minors. If the court finds that the child is a minor |
a criminal convicted meets the eligibility requirements of |
This section allows the court to consent to its injunction order |
the delinquent minor for placement in the district juvenile |
Impact detention program dependent on him or her |
Admission to the program by the Department of Probation and |
court services. This is also regulated by the disposal |
if the Department of Probation and Court Services accepts it |
delinquent minor in the program and notes that the |
The delinquent minor successfully completed the county |
Juvenile delinquent incarceration program, minors |
Detention is reduced to the time deemed served |
Certification to the court by the Department ofProbation and |
Court services successfully used by the delinquent minor |
the program completed. If the defaulting minor is not accepted |
for accommodation in the district juvenile correctional facility |
Program or the defaulting minor will not be successfully completed |
The duration of the commitment is to be determined within the framework of the programme |
This is set out by the court in its order of injunction. If the |
delinquentminor does not successfully complete the program, |
Time spent in the program does not count as time served |
the time limits set out in subsection (f) of this Section.
|
(b) To be eligible to participate in the county |
Juvenile incarceration program, juvenile delinquents |
must meet all of the following requirements:
|
(1) The delinquent minor is at least 13 years old.
|
(2) The act for which the minor is convicted |
“Offender” does not constitute a Class X crime |
sexual assault, first degree murder, aggravated |
kidnapping, second degree murder, armed violence, arson, |
|
Compulsive, serious sexual abuse or a |
subsequent conviction for criminal sexual abuse.
|
(3) The defaulting minor has not previously done so |
participated in the detention of juveniles in the county |
program and has not previously fulfilled any prior commitment |
for an act constituting a crime in a ministry |
juvenile criminal law
corrections juvenile detention |
Furnishings. This provision does not exclude a criminal |
Minor serving the Illinois Department of |
juvenile criminal law
corrections and takes part in the |
County juvenile detention program under a |
intergovernmental cooperation agreement with Illinois |
Department for juvenile criminal law
Corrections, youngster |
division .
|
(4) The delinquent minor is physically able to do so |
participate in strenuous physical activity or work.
|
(5) The delinquent minor does not have an intellectual disability |
Disorder or disability that would prevent participation |
the program of detention of juveniles in the district.
|
(6) The delinquent minor is recommended and admitted |
for placement in the county juvenile detention center |
Program in the injunction order of the court.
|
The Court and Department of Parole and Court |
Services can also check, among other things, whether the |
The delinquent minor has a history of absconding or absconding. |
whether participation in the district youth impact |
A detention program can pose a security risk |
of the person and whether space is available.
|
(c) The County Juvenile Detention Program shall |
include, among other things, compulsory physical training and |
work, military training and exercises, regulated activities, |
Uniform dress and appearance, education and advice, |
possibly including drug counseling, and must be mediated |
the criminal by-laws of honor, integrity, |
Self-sufficiency, self-discipline, self-esteem and respect |
for others.
|
|
(d) Privileges of delinquent minors attending the |
County juvenile detention program, including |
Inspection, commissioning, receipt and safekeeping of property and |
publications and access to television, radio and libraries, |
may be suspended or restricted at the discretion of the Committee |
Department of Probation and Court Services.
|
(e) Delinquent minors participating in district youth |
The impactincarceration program must comply with all rules |
promulgated by the Department of Probation and Court Services |
and all program requirements. Offensive minors must be |
informed about behavior and rules of conduct. disciplinary action |
Procedures required by other laws or county ordinances |
not applicable.
|
(f) Participation in county youth work |
Minor's incarceration program, convicted felon for a |
An act constituting an offense is for a period of at |
at least 7 days but less than 120 days as of |
Department of Probation and Court Services. attending |
the county juvenile detention program for the detention of minors |
convicted felon for an act that constitutes a felony |
The duration is 120 to 180 days |
Department of Probation and Court Services.
|
(g) A delinquent minor may be excluded from the Program |
there has been a breach of the terms of the Program or if he |
or she is unable to attend for any reason. The Department |
The Board of Probation and Court Services issues rules |
regulatory conduct that could result in disqualification from the program |
or in a finding that the offending minor has not done so |
has successfully completed the program. Offender minors should |
have access to these rules. The rules state that the |
The defaulting minor will receive notification and be given an opportunity to do so |
Appear before and address the parole board |
Court Services or a person appointed by the Ministry |
probation and court services for this purpose. A criminal |
Minors can be transferred to any youth facility beforehand |
the hearing.
|
|
(h) When the Department of Probation and Court Services |
accepts the delinquent minor into the program and identifies him |
The delinquent minor successfully completed the county |
The court decides on the juvenile detention program |
Release of the minor from custody after certification by the authority |
court through the Department of Probation and Court Services, the |
The delinquent minor successfully completed the program. In |
the case in which the delinquent minor is not accepted for placement |
the county juvenile detention program or the |
delinquent minor does not successfully complete the program, |
his or her commitment to the department juvenile criminal law
|
corrections, youth department, or juvenile detention |
as set out by the court in its order.
|
(i) The Department of Probation and Court Services, with |
The approval of the district board is entitled to enter the country |
in intergovernmental cooperation agreements with the |
Illinois Department of juvenile criminal law
Corrections, youngster |
Division, under which delinquent minors are committed |
Illinois Department of juvenile criminal law
Corrections, youngster |
Division, can participate in the youth work of the district |
detention program. A criminal minor who succeeded |
completes the county's juvenile detention program |
will be released from prison after certification |
Court by the Illinois Department of juvenile criminal law
|
corrections, youth department, that the delinquent minor has |
successfully completed the program.
|
(Source: P.A. 89-302, valid 8-11-95; 89-626, valid 8-9-96; |
89-689, eff.12-31-96; 90-256, eff. 1-1-98.)
|
Section 11. Das County Shelter Care and Detention Home Act |
is amended by amending Sections 2 and 9.1 as follows:
|
(55 ILCS 75/2)
(from chap. 23, para. 2682)
|
Sek. 2. Every district home, nursing home and detention center |
The persons authorized and established by this law must comply with them |
Minimum standards established by the Department of youthful |
|
justice
corrections . Not a neglected or abused minor, addict |
minor, dependent minor, or minor requiring authority |
Intervention as defined in the Juvenile Courts Act 1987, or |
Minors suspected of being minors may be detained in any county |
Haftheim.
|
(Quelle: P.A. 85-1209.)
|
(55 ILCS 75/9.1)
(from chap. 23, para. 2689.1)
|
Sek. 9.1. (a) Within 6 months of the Effective Date |
With this amending law of 1979 all county detention centers or |
independent sections of it previously set up |
The effective date will be stated as either Sheltercare or |
Detention centers or both, provided the physical accommodations are in place |
created that clearly separates the two, according to their |
basic physical characteristics, programs and functions through which |
Department for juvenile criminal law
corrections in co-operation with |
the Chief Justice of the District Court and District Board. |
Within one year of receipt of the relevant notification |
Designation by the Departmentof juvenile criminal law
corrections , |
All nursing homes and detention centers in the county must be operational |
compliance with this law.
|
(b) Compliance with this Amendment Act 1979 is not permitted |
affect the validity of any previous referendum or levy; or |
Collection of all taxes permitted under this Act. All counties |
Homeless shelters, nursing homes and detention centers set up and in |
Operating on the enactment date of this Amendment Act 1979 |
may continue to operate subject to the provisions herein |
Amendment Act 1979, without further referendum.
|
(c) Compliance with this Amendment Act 1987 is not permitted |
affect the validity of any previous referendum or levy; or |
Collection of all taxes permitted under this Act. All counties |
Homeless shelters, nursing homes and detention centers set up and in |
Operating on the enactment date of this Amendment Act 1987 |
may continue to operate subject to the provisions herein |
Amendment Act 1987, without further referendum.
|
(Quelle: P.A. 85-637.)
|
|
Section 15. The school rules are changed 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 before Section 13-40 |
as follows:
|
(105 ILCS 5/2-3.13a)
(from chap. 122, para. 2-3.13a)
|
Sek. 2-3.13a. school records; transfer students.
|
(a) The StateBoard of Education establishes and |
Implement rules binding all public schools and everyone |
private or non-public primary and secondary schools |
in this state whenever such a school has a student, whois |
Transfer to another public elementary or secondary school |
located in that or any other state, within 10 years |
An unofficial record days after notification of the student's promotion |
of that student's grades to the school that that student is at |
transmitted. Every public school should at the same time also |
to the school to which the student is transferring |
Rest of the student's student files as needed |
by the Illinois School Student Records Act. In addition, if a |
The student transfers from a public school, regardless of where it is located |
in this or another state from which the student originates |
suspended or expelled for knowingly attending school |
a weapon within the meaning of the Weapons Act during construction or on the school premises |
Free Schools Act(20 U.S.C. 8921 et seq.), for knowingly |
Possession, sale or delivery within or outside a school building |
School premises a controlled substance or cannabis, orfor |
mistreat an employee of the school, and if the period of |
The ban or exclusion has not yet expired at the time the student applies |
Try transferring to another public school in the same school or schools |
Every other school district: (i) Records of all students |
The data to be transmitted must contain the date and the duration |
the length of the suspension or exclusion; and (ii) with the |
Exception to transfers to the Department of juvenile criminal law
|
corrections The student may not be admitted to the school district |
|
attend classes at the public school he or she attends |
Transfers until the student has completed the entire time |
the suspension or expulsion imposed by the school |
The student transfers if the school board allows it |
approve the placement of the student in an alternative school |
Program established pursuant to Article 13A of this Code. A school |
The district may issue a policy requiring a student to do so |
be suspended or expelled from public or private bodies for any reason |
The student must graduate from school in this or another state |
the entire duration of the suspension or exclusion |
Admission to the school district. This Policy may permit this |
Placing the student in an alternative school program |
set up in accordance with Article 13A of this Code, where available, e.g |
the rest of the suspension or expulsion. Any public |
School and any private or non-public primary or secondary school |
School in that state hall within 10 days of the student doing so |
has paid all outstanding fines and charges and is with him |
Send an official Transcript of the Scholastic at your own expense |
Records of every student transferring from this school, accurate |
in accordance with the provisions of this Section and the Rules |
determined by the State Board of Education as provided herein.
|
(b) The State Board of Education prepares a one-page document |
Standard form required by Illinois school districts |
Provision for all students moving out of the school district |
and that contains the information about whether the |
whether the student is "in good standing" and whether or not he or she is |
Medical records are current and complete. As used here |
"In good standing" section means the student is not in good standing |
penalized by suspension or expulsion, but is entitled to receive it |
show up for class. No school district is required to admit a new student |
Student transferring from another Illinois school |
district unless he or she can provide the standard form |
the student's prior enrollment in the school district. No school |
The district has an obligation to accept a new student who transfers |
from an out-of-state public school, unless the parent or |
The student's guardian shall certify in writing that the student |
|
is not currently serving a suspension or expulsion by |
the school the student is transferring from.
|
(c) The State Board of Education shall determine by rule |
a system for accurately tracking the transmission |
Students. This system requires at least that a |
Students are counted as dropouts when calculating a |
The school or school district's annual dropout rate |
unless the school or school district to which the student belongs |
transferred (hereinafter referred to as in this subsection (c)). |
transferring school or school district) sends a notification to the |
School or school district from which the student transferred |
(hereinafter referred to as the Transferor in this subsection (c)). |
school or school district) showing that the student has done so |
are enrolled in the transferring school or school district. The |
Notification must be made within 150 days of the date |
The student leaves the transferring school or school district |
or the student is included in the calculation |
Year-round students of the transferring school or school district |
dropout rate. A request from the adopting school or school |
district to the transferring school or the searching school district |
the academic certificates or medical records of the student must be available |
is considered sufficient documentation without limitation |
Enrollment. Each transferring school or school district must |
At a minimum, keep the documentation of such transfer students |
Deadline provided by the Illinois School Student Records Act. All |
Records identifying the school or school district to which a |
Transferred students are governed by the Illinois School Student |
Records Act. |
(Quelle: P.A. 92-64, Stand 7.12.01; 93-859, Stand 1.1.05.)
|
(105 ILCS 5/prec. Section 13-40 heading) |
DEPARTMENT FOR YOUTH JUSTICE CORRECTIONS SCHOOL DISTRICT
|
DISTRICT
|
(105 ILCS 5/13-40)
(from chap. 122, paras. 13-40)
|
Sek. 13-40. Increasing the effectiveness of the department |
|
von juvenile criminal law
corrections and thereby serve better |
Interests of the people of Illinois is the following bill |
demonstrated.
|
Its purpose is to improve quality and scope |
Educational inmates and wards within the Department of |
juvenile criminal law
corrections so that they can get better |
motivated and better equipped to recover |
constructive and law-abiding community life. The |
As a concrete measure, the creation of a school district is being sought |
within the department to allow their educational programs to meet |
the needs of the people involved and thus the resources of the public |
State and federal level education is best used |
the same will be within the provisions of the |
The 1970 Illinois state constitution provides that “A |
The fundamental goal of the state people is education |
Development of all people to the limits of their capabilities. |
Therefore further July 1, 2006
July 1, 1972 , Die
A Department for |
correctional school district are transferred to the |
Juvenile Justice Department. It is responsible
Is |
founded for the training of youth
inmates and wards within |
the department for Juvenile justice and inmates under the age of 21 |
within the Correctional Service who have not yet earned one |
High school diploma or a General Educational Development (GED) |
certificate
corrections and the named district can found |
Primary, Secondary, Vocational, Adult, Specialty and Advanced classes |
Educational schools within the meaning of this law. The department for |
Corrections retain authority under subsection (d) |
of Section 3-6-2 of the Unified Code of Corrections. The whiteboard |
The Minister of Education for that district will be with the help and advice of |
professional educational staff of the Department of |
juvenile criminal law
corrections and the State Board of Education |
Determine the needs and type of schools and the curriculum for them |
any school within the school district and may proceed |
establish the same by existing means within the present and |
Future funds, federal and state school fees, |
Vocational rehabilitation grants and funds and all other funds, |
|
Gifts and grants, private or public, including federal funds, |
but not exclusively for the sources mentioned, but inclusive of all |
Funds that might be available for school purposes. The school |
The district initially organizes a school system for adults |
The division of the Department of Corrections comes into effect |
July 1, 1972. A school system for the juvenile department is intended |
subsequently organized and implemented within the framework of this school |
district at a time determined by the school board |
necessary.
|
(Quelle: P.A. 81-1508.)
|
(105 ILCS 5/13-41)
(from chap. 122, paras. 13-41)
|
Sek. 13-41. This school district's Board of Education |
consists of the Director of the Department of youthful |
justice
Corrections, the deputy director of the Juvenile |
Department and Deputy Director of the Adult Department |
said the department. From the other members , 2 members
must |
appointed by the Director of the Department of juvenile criminal law
|
corrections and 4 members
must appointed by the state board |
of education, at least one of which must have knowledge, or |
Experience in vocational training and one of these must be available |
Knowledge of or experience in higher and ongoing fields |
Education. at
Following the first appointments all |
The term of office for board members is three years , |
with the exception that the members remain in office until they take office |
Substitutes are appointed . One of the first commissioners of |
the Director of Correctional Services and the State |
The term of office of the Education Committee is one year. One of |
The first appointments of the State Board of Education are to be made for |
a two-year term. The other persons originally appointed remain in office |
for a three-year term. Vacancies are filled in the same way |
for the remainder of the term. Appointed the members |
are selected on the basis of as much as possible |
their knowledge or experience with problems of education in |
Prisons, vocational and general educational institutions. |
The members are in office without remuneration, but they have to be |
|
reasonable costs for the performance of the service are reimbursed |
their duties.
|
(Quelle: P.A. 81-1508.)
|
(105 ILCS 5/13-42)
(from chap. 122, paras. 13-42)
|
Sek. 13-42. The The President of the Board of Education should |
be that Director of the Department of Juvenile justice should be |
the President of the Board of Education
corrections and that |
The Secretary of said Board of Education will be appointed on |
first regular meeting of said Education Committee. The whiteboard |
holds regular meetings when convened by the chairman or chairperson |
any 3 members at their designated times, as long as |
they meet at least six times a year. Public Notice of Meetings |
must, as described in Sections 2.02 and 2.03 of “An |
Law Relating to Assemblies”, approved July 11, 1957, as |
changed before or after. No official business is possible |
decided by the Board of Directors, except at an ordinary or extraordinary meeting. |
The majority of the Board of Directors has a quorum.
|
The Board of Directors keeps a record of the official acts of the |
Board and prepares reports as required by the State Board |
Education and any required reports to which shall be applicable |
This type of school district should be maintained in particular |
Records supporting all county claims for state aid in |
according to the regulations prescribed by the State Board of |
Formation and retention of these records for a period of three years |
Years.
|
The Board of Education may hold its organizational meeting |
any time after July 1, 1972, then determine time and place |
for regular meetings. It then comes into effect with the discharge |
his tasks. However, for planning purposes and |
The prison authority is responsible for organizing this district |
are authorized to act upon the enactment and approval of this Act.
|
Such a clerk will be made available to the Executive Board |
Employees required for efficient operation |
Department for juvenile criminal law
corrections .
|
(Quelle: P.A. 81-1508.)
|
|
(105 ILCS 5/13-43.8)
(from chap. 122, para. 13-43.8)
|
Sek. 13-43,8. To make agreements with school districts, |
private junior colleges and public community colleges and |
public and private colleges and universities for the purpose |
Providing advanced professional training to students who so desire |
preparation for a job. Such a program would use privately |
Junior college and public community college facilities with |
Transportation to and from the facilities provided by the |
participating school district or school |
District in conjunction with other school districts. The |
The duration of professional development is |
Such a period may, but may not, be authorized by the school district |
exceed 2 years. Participation in the program is granted |
The same credit towards a high school degree as time spent at other colleges |
courses. If a student in this school district because of his |
Educational needs, attends a class or school at another school |
District or educational institution that Youth Department |
Justice School District
correctional school district Where is he |
Residences must obtain the appropriate permit |
necessary transportation and pay to the school district or |
Educational institution that maintains the educational institution |
proportional per capita cost of educating such a student.
|
(Quelle: P.A. 82-622.)
|
(105 ILCS 5/13-43.11)
(from chap. 122, para. 13-43.11)
|
Sek. 13-43.11.
|
Subject to the rules and regulations of the Ministry of |
juvenile criminal law
corrections and the laws and statutes |
Where applicable, the Board has the authority and authority to do so |
Assign and expel or suspend schools within the district |
Disqualify, assign or reassign students for disciplinary purposes |
The needs of the district or student are identified |
preferably. Once a student begins an education, he must do so |
attend all sessions, unless you are limited by illness, a reasonable |
Apologies or at the direction of the department for juvenile criminal law
|
|
corrections or the facility in which it is located.Conferences |
takes place at regular intervals with the ward or the community |
the inmate and school district authorities and facilities |
Officers determine the perimeter of the ward or inmate |
benefit from the respective program and continue |
Determine whether said ward or inmate should remain in prison |
exit or be expelled from the program to which he is associated, or |
be transferred to another program that better suits their needs, or |
the needs of the school district.
|
(Quelle: P.A. 77-1779.)
|
(105 ILCS 5/13-43.18)
(from chap. 122, para. 13-43.18)
|
Sek. 13-43.18. In consultation with the develop |
Employees of the Department of juvenile criminal law
corrections and that |
State Board of Education staff, educational goals and |
Goals for planned correctional education programs |
or conducted by the district, together with the methods for |
Assessing the extent to which the goals and objectives are being achieved or |
have been achieved and are to be fully developed by July 1, 1973 |
Financial control system for all educational funds and programs |
Operated by the school district.
|
(Quelle: P.A. 81-1508.)
|
(105 ILCS 5/13-43.19)
(from chap. 122, para. 13-43.19)
|
Sek. 13-43.19.
|
Development and annual revision of an educational plan for |
Achievement of the required goals and specifications Section
Sek. |
13-43.18 for Both the adult and youth sections of Die |
Department for juvenile criminal law
corrections with specific |
Recommendations for evaluating prisoner education, the curriculum, |
Staffing and other necessary considerations.
|
(Quelle: P.A. 77-1779.)
|
(105 ILCS 5/13-43.20)
(from chap. 122, para. 13-43.20)
|
Sek. 13-43.20. Develop one or more methods for |
Allocation of government funds to the Board for expenditure within the |
|
various departments and/or for programs run by the Board, |
and to determine the average per capita costs annually |
students in the Juvenile Justice Department
youthful |
division and the average per capita cost of students in the |
Corrections Department
adult department for educational classes |
and/or programs necessary to achieve educational goals |
and objectives and programs identified in Sections 13-43.18 and |
13-43.19 and July recommend to the State Board of Education |
15 of each year the per capita amount required for operation |
Department of Juvenile Justice School District
correction |
school districts Educational program for the following financial year |
Year.
|
(Quelle: P.A. 81-1508.)
|
(105 ILCS 5/13-44)
(from chap. 122, paras. 13-44)
|
Sek. 13-44.
|
Other provisions, obligations and conditions of the department |
von juvenile criminal law
corrections School districts are set in |
Sections 13-44.1 through 13-44.5.
|
(Quelle: P.A. 77-1779.)
|
(105 ILCS 5/13-44.3)
(from chap. 122, par. 13-44.3)
|
Sek. 13-44.3. To fully achieve the purpose |
This law can be determined by the school district through its board of directors or a designated person |
Supervisory staff, with the approval of the director of the |
Department for juvenile criminal law
corrections , can authorize |
Excursions outside of the respective institution or facility |
where a school is located and may remove students from there |
or may, with the permission of the Director of the Department of |
juvenile criminal law
corrections Transfer of inmates and wards |
other schools and other institutions where a specific subject is taught |
Material or facilities are better suited or needed for this |
complete the training of the inmates or wards. The Assistant
|
Director the adult department the department for youthful |
justice
Corrections or the deputy director of the Juvenile |
division may grant a prisoner educational leave or |
|
station for visiting colleges, other schools, |
Complete vocational or technical schools or register there and attend courses |
Subjects not available in the school district |
funded by the inmate or the ward, or a grant or stipend |
that may be available, including school grants of any kind |
after approval by the board and the director of the department.
|
The department for juvenile criminal law
corrections can be extended |
the boundaries of an inmate's place of detention or ward |
under the conditions and for the purposes set out above |
For the above reasons, the boundaries of such a place, |
accompanied or unaccompanied, at the discretion of the director |
such department by a trustee or educational institution |
Personal.
|
The willful failure of an inmate or ward to remain indoors |
the expanded limits of his or you childbirth or return |
to the place of detention within the prescribed time limit |
designated by the Department of Corrections or the department |
of juvenile justice by the grant of such an extension or by order |
to be returned by the supervisory staff or the legal guardian |
A staff or other departmental order is considered an escape |
be removed from the custody of this department and punished according to the regulations |
in the Unified Code of Corrections regarding the Department for |
corrections
adult department occupants and the applicable |
The provisions of the Juvenile Courts Act 1987 apply |
districts of Department for youthful justice
division who could |
hide
|
(Quelle: P.A. 85-1209; 86-1475.)
|
(105 ILCS 5/13-44,5)
(from chap. 122, para. 13-44.5)
|
Sek. 13-44,5.
|
In all cases where an inmate or ward has to leave the prison |
Institution or facility in which he or she is imprisoned |
Educational leave, vocational training, for excursions or |
For every other reason mentioned here, authority must first exist |
granted by the Department of juvenile criminal law
corrections And |
Said authority is at the discretion of the Ministry |
|
von juvenile criminal law
corrections . The question of whether or not |
said occupant or compartment or group of occupants is said to be |
accompanied or unaccompanied by security personnel, |
The supervisor(s) or only the pedagogical staff may do this |
are at the discretion of the Department of juvenile criminal law
|
corrections . All transfers must be approved by the department |
von juvenile criminal law
corrections .
|
(Quelle: P.A. 77-1779.)
|
(105 ILCS 5/13-45)
(from chap. 122, paras. 13-45)
|
Sek. 13-45.
|
Other provisions of this Code do not apply to |
Department for juvenile criminal law
corrections school district |
These are all of the following articles and sections: Article 7, |
8, 9, those sections of Article 10 which conflict with any |
Provisions of Sections 13-40 to 13-45 and Article 11, |
12, 15, 17, 18, 19, 19A, 20, 22, 24, 26, 31, 32, 33, 34, 35. |
Article 28 also does not apply, except that this school |
The district may use all available state, federal and provincial funds |
other funds for the purchase of textbooks, equipment and |
Equipment.
|
(Quelle: P.A. 77-1779.)
|
(105 ILCS 5/13B-20.15)
|
Sek. 13B-20.15. Other suitable providers of alternatives |
learning opportunities. School districts can enter into contracts |
Health, mental health or social service organizations, |
Manpower Development Boards or Agencies, Juvenile Court |
Services, juvenile detention authorities, juvenile detention |
Programs, programs conducted by the Department of youthful |
justice
corrections , or other appropriate agencies or |
Organizations that care for students whose needs are not being met |
in the regular school program by offering alternative learning |
occasions.
|
(Quelle: P.A. 92-42, Stand 1.1.02.)
|
|
(105 ILCS 5/13B-35.5)
|
Sek. 13B-35,5. local governance; cooperation agreements. |
A program is being implemented for alternative learning opportunities |
offered jointly or by contract, the local administration of |
Programs are set by each local school board |
a cooperation or intergovernmental agreement with another school |
districts. Cooperation agreements can be made |
regional education offices, public community colleges, |
community-based organizations, health and social services |
Agencies, youth welfare agencies, youth court services, the |
Department for juvenile criminal law
corrections , and other |
non-profit or for-profit educational or support service |
Provider, if any. Nothing is included in this section |
is intended to prevent a school district, a regional education authority, |
or intermediate service center from the formation of a cooperative for |
the purpose of offering alternative learning |
opportunity program.
|
(Quelle: P.A. 92-42, Stand 1.1.02.)
|
(105 ILCS 5/13B-35.10)
|
Sek. 13B-35.10. Cooperative Services Committee. The |
The state minister of education convenes a state session |
Cooperative Services Committee. The committee includes: |
Representatives of the following authorities and organizations, |
chosen by their respective heads: the Office of the Governor, |
das State Board of Education, die Illinois Associationof |
RegionalSuperintendents of Schools, die Chicago Public |
Schools, the IntermediateService Center, the StateTeacher |
Certification Board, das Illinois Community College Board, das |
Department of HumanServices, Department of Children and |
Family Services, die IllinoisPrincipals Association, die |
IllinoisEducation Association, die 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 Ministry of juvenile criminal law
corrections , |
|
Organizations advocating for special education and non-profit organizations |
community-based organizations and parents |
State-appointed representatives and child advocates |
Superintendent of Education.
|
(Quelle: P.A. 92-42, Stand 1.1.02.)
|
Section 16. The Child Care Act 1969 is amended by |
Amend Section 2.22 as follows:
|
(225 ILCS 10/2.22)
|
Sek. 2.22. “Safe Childcare Facility” means each child |
Care facility licensed by the Department to provide security |
Housing conditions for children under 18 years of age |
Subject to accommodation in facilities within the framework of the Children and Youth Protection Act |
Family Services Act and which are not subject to accommodation |
Facilities for which the Ministry sets standards |
von juvenile criminal law
corrections pursuant to Section 3-15-2 of |
Uniform Correction Code and that comply with it |
Requirements of this Act and applicable Departmental regulations |
and which must comply with the specified requirements |
underage residents of psychiatric institutions within the framework of juvenile criminal law |
Courts Act 1987 and the Mental Health and Development Act |
Disability Code. “Safe Child Care Facility” also means a |
Facility designed and operated to ensure everything is guaranteed |
Receipts and stocks from the facility, a building or a |
A certain part of the building is under exclusive control |
of the facility staff, whether or not the child has done so |
freedom of movement within the facility, |
building, a specific part of the building.
|
(Quelle: P.A. 90-608, eff. 6-30-98.)
|
Section 17. The Illinois Public Aid Code is being amended by |
Amend Section 12-10.4 as follows:
|
(305 ILCS 5/12-10.4)
|
Sek. 12-10.4. Youth Rehabilitation Services Medicaid |
|
Appropriate fund. It is created in the state treasury |
Youth Rehabilitation ServicesMedicaid Matching Fund. |
Contributions to these funds consist of all monies received |
secured the federal government for behavioral health services |
by county under the Medicaid rehabilitation option |
pursuant to Title XIX of the Social Security Act or pursuant to the Child Protection Act |
Health insurance program according to children's health |
Insurance Program Act and Title XXI of the Social Security Act |
for minors admitted to psychiatric institutions |
Illinois court system and for secured dormitories |
the department for juvenile criminal law
corrections for minors as |
condition of their parole.
|
Fund disbursements are conditional |
Funding allocated by the Illinois Department of Public Aid for |
Grants to the Department of juvenile criminal law
corrections And |
those counties that ensure regulated behavioral health services |
by the courts and who have an interagency agreement with that |
department and submit detailed invoices according to the standards |
is determined by the department.
|
(Source: P.A. 90-587, valid 7-1-98; 91-266, valid 7-23-99; |
91-712, eff. 7-1-00.)
|
Section 18. The Children's Mental Health Act 2003 is |
amended by amending Section 5 as follows:
|
(405 ILCS 49/5)
|
Sek. 5. Child Mental Health Plan.
|
(a) The State of Illinois shall develop a child psychiatric service |
Health plan with short-term and long-term effects |
Recommendations for providing comprehensive, coordinated mental |
Health prevention, early intervention and treatment services |
for children from birth to 18 years of age. This plan includes the following: |
but not limited to:
|
(1) Coordinated provider services and inter-agency collaboration |
Referral networks for children from birth to 18 years of age |
Maximize resources and minimize service duplication.
|
|
(2) Guidelines for incorporating social and emotional aspects |
Development of school and pedagogical learning standards |
Programs under Section 15 of this Act.
|
(3) protocols for conducting the screening and |
Assessment of children before admission to a |
inpatient hospital for psychiatric services, acc |
Subsection (a) of Section 5-5.23 of the Illinois Public Aid |
Code.
|
(4) Recommendations for a state budget for |
Child Mental Health Prevention, Early Intervention, |
and treatment in all state agencies.
|
(5) Recommendations for state and local mechanisms for |
Integrate federal, state, and local funding sources for |
mental health of children.
|
(6) Recommendations for building a qualified and |
adequately trained workforce willing to perform mentally |
Health services for children from birth to 18 years of age and |
your families.
|
(7) Recommendations to facilitate research best |
Practices and model programs and their dissemination |
Information for policy makers, practitioners and others in Illinois |
the general public through training, technical assistance, |
and teaching materials.
|
(8) Recommendations for a comprehensive, multi-faceted |
Outreach campaign to reduce stigma on mental health |
Illness and education of families, the public and others |
Inform important target groups about the advantages of social and social childcare |
emotional development and access to services.
|
(9) recommendations to create a quality-oriented |
Child Mental Health System of Shared Responsibility |
among the main government agencies and programs that are being implemented on an ongoing basis |
Needs analysis, uses result indicators and benchmarks |
to measure progress and perform high-quality data tracking |
and reporting systems.
|
(b) The Children's Mental Health Partnership (hereinafter: |
(hereinafter referred to as "the partnership") is formed. The partnership |
|
is responsible for development and monitoring |
Implementation of the approved child mental health plan |
from the governor. The Children's Mental HealthPartnership aims to |
consists of: the Minister for Human Services or his representative |
Representative; the state school head or his/her |
Representative; the heads of the departments children and |
family services, public assistance, public health and youthful |
justice
corrections , or their designees; the head of |
Illinois Violence Prevention Authority or his/her designee; |
the Attorney General or his representative; up to 25 |
Representatives of local mental health authorities and |
statewide advocacy group for mental health, children and families, early |
Childhood, Education, Health, Drug Abuse, Violence |
Prevention and juvenile court organizations or |
associations appointed by the governor; and 2 members of |
every faction of the House of Representatives and Senate |
appointed by the Speaker of the House of Representatives and |
respectively the President of the Senate. The governor will |
appoints the partnership chair and appoints a governor |
Employee connection to work with the partnership.
|
(c) The partnership submits the preliminary plan |
The governor will present the final plan on September 30, 2004 |
on June 30, 2005. Thereafter, on September 30 of each year, the |
The partnership submits an annual report to the governor |
the progress of plan implementation and recommendations for |
revisions in the plan. The final plan and annual reports |
The data presented in subsequent years must contain estimates |
Savings realized in previous financial years under subsection (a). |
Section 5-5.23 of the Illinois Public Aid Code and Federal |
financial participation pursuant to subsection (b) of |
Section 5-5.23 of this Code. The Ministry of Public Aid will |
Providing technical assistance in developing these estimates and |
reports.
|
(Quelle: P.A. 93-495, Stand 8.8.03.)
|
Section 19. The Circuit Courts Act is amended by amendment |
|
Section 2b as follows:
|
(705 ILCS 35/2b)
(from chap. 37, para. 72.2b)
|
Sek. 2b.
|
In addition to the number of licensed district judges |
under Section 2 or Section 2a, whichever number is greater, one |
Additional district judges are elected in each district. |
except Cook County, with a population of 230,000 or more |
Residents that include a county that includes a |
Population of 200,000 or more inhabitants and in which district |
There are one or more state colleges or universities |
andone or more state mental health facilities and two or |
Other state institutions for juvenile delinquents within the framework of the |
Authority of the IllinoisDepartment of juvenile criminal law
|
corrections , of which every institution has existed |
more than 20 years since this change came into effect |
1970 law.
|
(Quelle: P.A. 76-2022.)
|
Section 20. The Juvenile Courts Act 1987 is amended by |
Amendment of 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)
|
Sek. 5-130. Excluded Place of Jurisdiction.
|
(1) (a) The definition of delinquent minor set out in Section |
5-120 of this article do not apply to minors born on |
was and is at least 15 years old at the time of the offence |
Charged with: (i) first degree murder, (ii) felony |
sexual assault, (iii) aggravated assault with a firearm |
The minor personally fired a firearm referred to in the section |
2-15.5 of the Criminal Code 1961, (iv) armed robbery if |
the armed robbery was committed with a firearm; or (v) |
serious vehicle hijacking when the hijacking took place |
committed with a firearm.
|
These fees and any other resulting fees |
|
The incident will be prosecuted under the criminal laws mentioned here |
Condition.
|
(b) (i) If prior to the hearing or pleading any information or |
Charges are being filed with no specified crime |
in paragraph (a) of this subsection (1), the prosecutor |
may continue with one or more lower fees, but only in |
Juvenile court in accordance with the provisions of this article. The |
The prosecutor can proceed under the 1961 Criminal Code |
a lesser charge if the juvenile defendant knowingly acts before the trial |
and, with the advice of a lawyer, he waives his right in writing |
to hear the case before the juvenile court.
|
(ii) If any information or charge is made prior to the hearing or appeal |
is filed that includes one or more of the fees listed in |
Paragraph (a) of this subsection (1) and additional fees |
not listed in this paragraph, all fees |
resulting from the same incident will be punished in accordance with the |
Penal Code of 1961.
|
(c) (i) If the minor is convicted following a judicial proceeding or a plea bargain |
any offense falling under paragraph (a) of this subsection (1), |
then is available to the court in sentencing the minor |
some or all of the injunctions prescribed for that offence |
Kapitel V des Unified Code of Corrections.
|
(ii) If, after the trial or plea, the court finds that the minor |
have committed an offense not covered by paragraph (a) of this Article |
Paragraph 1 states that this finding does not invalidate the judgment |
or the criminal prosecution of the minor under the penal laws of the |
Condition; unless the state requests a hearing |
Purpose of sentencing the minor under Chapter V of the Unified |
Under the Code of Corrections, the court must proceed by sections |
5-705 and 5-710 of this article. To request a hearing, the |
The state must submit a written request within 10 days of the request |
Registration of a declaratory decision or the issuance of a judgment. Reasonable |
The application must be served on the minor |
Attorney. If the application is made by the state, the court has jurisdiction |
Conduct a hearing to determine if the minor should be convicted |
in accordance with Chapter V of the Unified Code of Corrections. In the making |
|
When making its determination, the court examines, among other things, |
It depends on: (a) whether there is evidence that the offense was committed |
committed in an aggressive and premeditated manner; (b) age |
of the minor; (c) the minor's history; (D) |
whether special facilities are available |
Juvenile Court or the Department of juvenile criminal law
|
corrections, youth department, for treatment and |
rehabilitation of the minor; (e) whether the security of |
Publicity requires a conviction under Chapter V of the Uniform Code |
of corrections; and (f) whether the minor possessed a deadly weapon |
weapon in the commission of the offence. The rules of evidence apply |
Be the same as if you were in court. If after the hearing the court |
concludes that the minor should be sentenced under Chapter V of the Criminal Code |
Uniform correction code, then the court will impose the verdict |
minor, accordingly some or all are available |
such prescribed provisions.
|
(2) (Teaching). or a methamphetamine-related offense |
Control and Community Protection Act
|
(3) (a) The definition of delinquent child as set out in Section |
5-120 of this article do not apply to minors born on |
who was at least 15 years old at the time of the crime and who is |
is charged with violating the provisions of paragraph (1), |
(3), (4) or (10) of subsection (a) of Section 24-1 of the |
Penal Code of 1961 during the school years, regardless of the time |
of the day or season, or on the property that includes |
Any school, regardless of the time of day or year. |
For purposes of this section, school is defined as any public school |
or private elementary or high school, community college, |
college or university. These Fees and All Other Fees |
resulting from the same incident will be prosecuted in accordance with the law |
criminal laws of that state.
|
(b) (i) If prior to the hearing or pleading any information or |
Charges are being filed with no specified crime |
in paragraph (a) of this subsection (3), the prosecutor |
may continue with one or more lower fees, but only in |
Juvenile court in accordance with the provisions of this article. The |
|
The prosecutor can act under these criminal laws |
State a lesser charge if the juvenile defendant is tried |
knowingly and with the advice of an attorney in writing waives his or her |
their right to have the matter heard by the juvenile court.
|
(ii) If any information or charge is made prior to the hearing or appeal |
is filed that includes one or more of the fees listed in |
Paragraph (a) of this subsection (3) and additional fees |
not listed in this paragraph, all fees |
resulting from the same incident will be punished in accordance with the |
criminal laws of that state.
|
(c) (i) If the minor is convicted following a judicial proceeding or a plea bargain |
any offense falling under paragraph (a) of this subsection (3), |
then is available to the court in sentencing the minor |
some or all of the injunctions prescribed for that offence |
Kapitel V des Unified Code of Corrections.
|
(ii) If, after the trial or plea, the court finds that the minor |
have committed an offense not covered by paragraph (a) of this Article |
Subsection (3), this determination does not render the judgment invalid |
or the criminal prosecution of the minor under the penal laws of the |
Condition; unless the state requests a hearing |
Purpose of sentencing the minor under Chapter V of the Unified |
Under the Code of Corrections, the court must proceed by sections |
5-705 and 5-710 of this article. To request a hearing, the |
The state must submit a written request within 10 days of the request |
Registration of a declaratory decision or the issuance of a judgment. Reasonable |
The application must be served on the minor |
Advice. If the application is made by the state, the court has jurisdiction |
Conduct a hearing to determine if the minor should be convicted |
in accordance with Chapter V of the Unified Code of Corrections. In the making |
In making its determination, the court takes into account, among other things, |
It depends on: (a) whether there is evidence that the offense was committed |
committed in an aggressive and premeditated manner; (b) age |
of the minor; (c) the minor's history; (D) |
whether special facilities are available |
Juvenile Court or the Department of juvenile criminal law
|
corrections, youth department, for treatment and |
|
rehabilitation of the minor; (e) whether the security of |
Publicity requires a conviction under Chapter V of the Uniform Code |
of corrections; and (f) whether the minor possessed a deadly weapon |
weapon in the commission of the offence. The rules of evidence apply |
Be the same as if you were in court. If after the hearing the court |
concludes that the minor should be sentenced under Chapter V of the Criminal Code |
Uniform correction code, then the court will impose the verdict |
minor, accordingly some or all are available |
such prescribed provisions.
|
(4) (a) The definition of delinquent minor as set out in Section |
5-120 of this article do not apply to minors born on |
was and is at least 13 years of age at the time of the offence |
charged with first-degree murder committed during the year |
either serious criminal sexual assault, criminal sexual abuse |
assault or aggravated kidnapping. This subsection (4) |
Minors charged with first-degree murder are not included |
solely on the criminal's liability provisions |
Code of 1961.
|
(b) (i) If prior to the hearing or pleading any information or |
Charges are brought that do not allege first-degree murder |
committed in the course of a serious sexual offence |
Assault, criminal sexual assault or aggravated kidnapping, the |
The prosecutor may bring one or more lesser charges, |
but only in juvenile court in accordance with the provisions hereof |
Article. The prosecutor can take action against the criminal |
Under the laws of that state, a reduced fee is charged if the minor is on trial |
The accused knowingly and with the advice of a lawyer refrains from |
in writing his right to proceed with the matter |
Juvenile Court.
|
(ii) If any information or charge is made prior to the hearing or appeal |
is filed, which includes first-degree murder committed during the |
Course of a serious sexual assault, criminal sex crimes |
Assault, aggravated kidnapping and other charges |
not listed in paragraph (a) of this subsection, all |
The costs resulting from the same incident are |
be prosecuted under the criminal laws of that state.
|
|
(c) (i) If the minor is convicted following a judicial proceeding or a plea bargain |
First degree murder committed in the course of aggravation |
criminal sexual assault, criminal sexual assault or |
aggravated kidnapping, in sentencing the minor, the court |
have some or all of the required dispositions |
Offense under Chapter V of the Unified Code of Corrections.
|
(ii) If the minor was under the age of 15 at the time of the contract |
the offense and if the court finds so after the trial or plea |
The minor committed an offense other than first-degree murder |
was committed in the course of a serious crime |
sexual assault, criminal sexual assault or serious violation |
In the case of a kidnapping, the finding does not invalidate the judgment or |
prosecution of the minor under the criminal laws of the state; |
unless the State requires a hearing for that purpose |
Conviction of 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 |
submit a written application within 10 days of the registration of a |
adjudication or pronouncement of judgment. Appropriate notification of the |
The request must be submitted to the minor or his/her lawyer. If |
The application is made by the state. The court does the following: |
Hearing to decide whether the minor should be convicted |
in accordance with Chapter V of the Unified Code of Corrections. In the making |
When making its determination, the court examines, among other things, |
It depends on: (a) whether there is evidence that the offense was committed |
committed in an aggressive and premeditated manner; (b) age |
of the minor; (c) the minor's previous criminal history; |
(d) whether special facilities are available |
Juvenile Court or the Department of juvenile criminal law
|
corrections, youth department, for treatment and |
rehabilitation of the minor; (e) whether the best interest of |
the minor and the safety of the public deserve punishment |
pursuant to Chapter V of the Unified Code of Corrections; and (f) |
whether the minor was in possession of a deadly weapon during the inspection |
Offense. The same rules of proof apply as for |
Attempt. If, after the hearing, the court finds that the child is a minor |
|
should be sentenced under Chapter V of the Unified Code of |
Corrections, then the court sentences the minor |
accordingly, some or all of the dispositions are available to him to do so |
required.
|
(5) (a) The definition of delinquent child as set out in Section |
5-120 of this Article do not apply to minors |
charged with a violation of Section 31-6 subsection (a), or |
Section 32-10 of the Penal Code 1961 if the person concerned is a minor |
be subject to criminal prosecution under the criminal laws of that state |
a result of applying the provisions of Section 5-125; |
or subsection (1) or (2) of this Section. Those fees and all |
other costs resulting from the same incident are to be paid |
be prosecuted under the criminal laws of that state.
|
(b) (i) If prior to the hearing or pleading any information or |
Charges are being filed with no specified crime |
in paragraph (a) of this subsection (5), the prosecutor |
may continue with one or more lower fees, but only in |
Juvenile court in accordance with the provisions of this article. The |
The prosecutor can act under these criminal laws |
State a lesser charge if the juvenile defendant is tried |
knowingly and with the advice of an attorney in writing waives his or her |
their right to have the matter heard by the juvenile court.
|
(ii) If any information or charge is made prior to the hearing |
is filed that includes one or more of the fees listed in |
Paragraph (a) of this subsection (5) and additional fees |
not listed in this paragraph, all fees |
resulting from the same incident will be punished in accordance with the |
criminal laws of that state.
|
(c) (i) If the minor is convicted following a judicial proceeding or a plea bargain |
any offense falling under paragraph (a) of this subsection (5), |
then is available to the court in sentencing the minor |
some or all of the injunctions prescribed for that offence |
Kapitel V des Unified Code of Corrections.
|
(ii) If the court finds after the hearing orplea that the minor |
have committed an offense not covered by paragraph (a) of this Article |
Paragraph 5: Conviction does not overrule the judgment |
|
or the criminal prosecution of the minor under the criminal laws mentioned here |
Condition; unless the state requests a hearing |
Purpose of sentencing the minor under Chapter V of the Unified |
Under the Code of Corrections, the court must proceed by sections |
5-705 and 5-710 of this article. To request a hearing, the |
The state must submit a written request within 10 days of the request |
Registration of a declaratory decision or the issuance of a judgment. Reasonable |
The application must be served on the minor |
Advice. If the application is made by the state, the court decides |
Conduct a hearing to determine if the should be a minor |
sentenced under Chapter V of the Unified Code of Corrections. |
In making its decision, the court will consider the following: |
Other: (a) whether there is evidence of the offence |
was committed in an aggressive and premeditated manner; (b) the |
age of the minor; (c) the previous criminal history of |
irrelevant; (d) whether special facilities are available |
to the juvenile court or the Department of juvenile criminal law
|
corrections, youth department, for treatment and |
rehabilitation of the minor; (e) whether the security of |
The public requires a conviction under Chapter V of the Unified Code |
of corrections; and (f) whether the minor possessed a deadly weapon |
weapon in the commission of the offence. The rules of evidence apply |
be the same as if attrial. If after the hearing the court |
concludes that the minor should be sentenced under Chapter V |
Uniform correction code, then the court will impose the verdict |
minor, accordingly some or all are available |
Dispositions as prescribed.
|
(6) The definition of delinquent child under section 5-120 |
this article does not apply to minors who, pursuant to |
subsection (1) , or (3) or Section 5-805 , or 5-810 |
previously under the jurisdiction of the offender |
court and was convicted of an offense under an adult offender |
Penitentiary Act. Such a minor will be prosecuted |
under the penal laws of that state.
|
(7) The procedures set out in this Article for |
Investigation, arrest and prosecution of juvenile delinquents |
|
does not apply to minors who are excluded from the jurisdiction |
the juvenile court, with the exception of minors under the age of 17 |
must be kept separate from confined adults.
|
(8) Nothing in this Act prohibits or limits criminal prosecution |
of a minor for an offense committed before or after him |
17th birthday, although he or she at the time of |
offense a department of the court.
|
(9) If there is an original application for the award of guardianship |
claims that the commission was taken by a minor aged 13 or older |
Act that constitutes a criminal offense under the laws of that State |
Minors can enter at any time with the consent of their lawyer |
Submit to the court before the court hearing begins |
apply to the court for a prosecution to be ordered and that |
The petition is dismissed as far as the act or acts are concerned |
are involved in criminal proceedings. If there is such a request |
If the filing is filed as provided herein, the court will make its order |
accordingly.
|
(10) If , before 12. August 2005 ( the effective date of |
Public Law 94-574)
this Amendment Act of the 94th General |
Montage , a minor is accused of violating Section 401 |
the Illinois Controlled Substances Act under criminal law |
of that state, except for minors charged with a Class X felony |
Violation of the Illinois Controlled Substances Act or the |
Methamphetamine Control and Community Protection Act, beliebig |
party, including the minor, or the court sua spontaneously |
Process, request for a hearing for the purpose of negotiation and |
conviction of the minor as a juvenile offender. To request one |
At the hearing, the party must make a motion before the hearing. |
The application must be communicated to all parties within a reasonable period of time. |
Ex officio or at the request of one of the |
parties, including the minor, the court will conduct a hearing |
to determine whether the minor should be tried and convicted |
as a delinquent minor within the meaning of this article. In the preparation of |
When making its decision, the court will consider, among other things:
|
(a) the age of the minor;
|
(b) Any previous offense or criminal activity of |
|
irrelevant;
|
(c) Any previous history of abuse or neglect of the minor;
|
(d) any mental health or educational history of the minor, |
or both; And
|
(e) Whether there is probable cause supporting the charge, |
whether the minor will be held liable and |
whether there is evidence that the minor possessed a deadly weapon |
or caused grievous bodily harm during the act.
|
Any material that is relevant and reliable must be present |
allowed in the oral hearing. In all cases, the judge intervenes |
an order permitting prosecution under the criminal statutes of |
Illinois, unless the judge makes a finding based on a |
Outweigh the evidence that the minor would be capable of radiation |
to the care, treatment and education programs available through |
the facilities of the juvenile court based on an evaluation |
the factors listed in this subsection (10).
|
(Quelle: P.A. 94-556, Stand 9.11.2005; 94-574, Stand 8.12.2005; |
revised on 08/19/05.)
|
(705 ILCS 405/5-705)
|
Sek. 5-705. judgment hearing; Proof; persistence.
|
(1) The court decides in the judgment hearing |
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 appointed to the district court, the court so determines |
proper disposition that best serves the interests of the minor and |
the public. All the evidence will help determine this |
Questions, including oral and written reports, may be admitted |
and one can invoke it within the bounds of its probative value, |
even if it is not responsible for the purposes of the process. A |
Recording of a previous continuation under supervision in accordance with Section |
5-615 whether completed successfully or not is allowable at |
the sentencing. No commitment to |
Department for juvenile criminal law
corrections, youth department, |
brought against a minor prior to a written report |
social investigation completed under the |
|
last 60 days, will be submitted to and examined by the court.
|
(2) Once served on a party pursuant to Section |
5-525, no further service or notice need be given to that party |
before the sentencing hearing. Vorimposing |
The court informs the public prosecutor and the |
parties present or their advice on the facts |
Contents and conclusions of the reports prepared for |
Use of the court and considered, and afford fairly |
if desired, the possibility of contesting them. Factual |
Contents, conclusions, documents and sources by the |
Jurisdiction under this paragraph will not be further disclosed |
without the express permission of the court.
|
(3) On his own initiative or that of the public prosecutor, a |
Parents, guardians, legal guardians or lawyers can decide the court |
to adjourn the hearing for a reasonable period of time to receive reports |
or other evidence and will make an appropriate decision in such a case |
ordering the detention of the minor or his release |
Detention is subject to judicial oversight during this period |
of survival. In this case, the court decides |
In the case of detention under this Agreement, the duration of persistence does not apply |
exceed 30 court days. After this period, the court will decide |
release the minor from detention, unless notice is given |
at least 3 days before the hearing on the continuation date |
The state will request an extension of the deadline |
The reason for the request must be stated in the notification |
for the extension. The extension of detention can be for a |
Maximum duration of additional 15 court days or less |
Number of days at the discretion of the court. However on |
After the expiry of the period of grace, the court dismisses |
the minor is released from detention if further continuance is granted. |
The court determines the date for investigations and hearings |
Priority shall be given to proceedings in which a minor is or is being detained |
was otherwise removed from his home prior to sentencing |
The order has been placed.
|
(4) Upon approval to the department for juvenile criminal law
|
corrections, youth department, If ordered, the court decides |
|
Indicate the basis for the selection of the respective disposition and |
The court prepares such a declaration for inclusion in the |
record.
|
(Quelle: P.A. 90-590, eff. 1-1-99.)
|
(705 ILCS 405/5-710)
|
Sek. 5-710. types of penal orders.
|
(1) The following types of penal orders can be issued |
Respect for the courts:
|
(a) Except as provided in Sections 5-805, 5-810, 5-815, |
A minor found guilty under Section 5-620 may be:
|
(i) be sentenced to probation or parole, and |
be handed over to his parents, guardian or legal representative |
Guardian, provided however such a minor |
is not tied to the department juvenile criminal law
|
Corrections, youth department under this subsection |
and who has committed a criminal offense |
That's first-degree murder, a Class X felony, or some other |
a suspended sentence is imposed for violent crimes;
|
(ii) placed under Section 5-740, with |
or without also being placed on probation or subject to conditions |
Discharge;
|
(iii) required to experience substance abuse |
Assessment conducted by a licensed vendor and |
participate in the specified level of clinical care;
|
(iv) placed under the guardianship of the Department |
of children and family services, but only if the |
The delinquent minor is under 13 years old;
|
(v) be detained for a period not exceeding one period |
30 days, either as an exclusive disposal order |
or, as the case may be, in conjunction with others |
disposition order pursuant to this paragraph, |
provided that the detention is of a juvenile |
detention center and the minor so detained is 10 |
years old or older. However, the 30-day limitation applies |
may be extended by one by further court order |
|
Minors under the age of 13 admitted to the Department of |
Child and family services if the court determines so |
The minor poses a danger to himself or others. The minor |
will be counted towards the verdict |
Detention for the duration of detention under Sections |
5-501, 5-601, 5-710 or 5-720 of this article as |
Outcome of the crime for which the penalty was imposed |
was imposed. The court can impose a penalty |
Arrest warrant issued in violation of |
Probation or violation of parole pursuant to |
Section 5-720 of this article for time spent in |
Detention before filing petition |
the infringement. A minor's creditworthiness may not be withdrawn |
for time spent in detention prior to filing a |
Violation of parole or conditional parole |
allegation of the same or related acts;
|
(vi) arranged partially or fully emancipated |
in accordance with the provisions of emancipation |
Law on Minors;
|
(vii) subject to possession of his driver's license |
or the driver's license is withdrawn permanently |
determined by the court, but only until he or she |
have reached the age of 18;
|
(viii) Probation or Parole |
and detained under Section 3-6039 of the Act |
Counties Code for a period not exceeding the period of |
Legal Detention for Convicted Adults |
of the same crime or offense as the minor |
declared criminal, and in any event not longer than |
at the age of 21; this subdivision (viii) |
regardless of conflicting legal provisions; or
|
(ix) an order to undergo a medical or other examination |
Procedure to get a tattoo that symbolizes loyalty to one |
Street gang removed from his body.
|
(b) A guilty minor may be committed |
Department for juvenile criminal law
Corrections, youth |
|
Division, pursuant to section 5-750 if the minor is 13 years of age |
Age or older, provided that the obligation to |
Department for juvenile criminal law
Corrections, youngster |
Division, only occurs if there is a custodial sentence |
permitted by law for adults found guilty of the offence |
the minor was declared a criminal offence. The time during |
in which a minor is in pre-trial detention before his release |
Must be made at the request of a parent, guardian or legal guardian |
is considered as detention time.
|
(c) If a minor is found guilty of a criminal offence |
This is an Illinois Controlled Substances violation |
law, the cannabis control law, or methamphetamine |
Control and Community Protection Act and made a district of |
The court can issue a corresponding order |
the minor is to undergo assessment, counseling or treatment |
a drug abuse program approved by the Department of |
Human Services.
|
(2) Any penal order other than the obligation to |
Department for juvenile criminal law
corrections, youth department, |
may provide safeguard oversight in accordance with Section 5-725, and |
may contain a protective order under Section 5-730.
|
(3) Insofar as the penalty order does not expressly provide for this, it is |
does not serve to complete the procedure for the pending petition, |
However, changes are reserved until the final closure |
Completion of Section 5-750 procedure.
|
(4) The court may order a penalty in addition to any other penalty |
any minor shall be found in default to pay compensation in |
in monetary or non-monetary form according to the Terms and Conditions |
of Section 5-5-6 of the Unified Code of Corrections, except |
that the “presenting hearing” referred to in this section takes place |
is the sentencing hearing for the purposes of this section. |
The minor's parent, guardian or legal guardian may be |
ordered by the court to pay part or all of the refund |
on behalf of the minor in accordance with parental responsibility |
Law. The prosecutor has the power to act on behalf of anyone |
Victims seeking restitution in a proceeding under this proceeding |
|
Section, up to the maximum amount permitted in Section 5 |
Parental Responsibility Act.
|
(5) Any penal order in which the minor is committed or |
Measures ordered under Section 5-740 shall provide for the following: |
Parents or guardians of the minor's estate pay to the |
legal guardian or guardian of the person of the minor |
Amounts determined by the custodian or guardian |
Person of the minor to the extent necessary for the needs of the minor. The |
Payments may not exceed the maximum amounts provided for in the regulation |
Section 9.1 of the Children and Family Services Act.
|
(6) Whenever the sentence order requires it for the minor |
attend school or participate in an apprenticeship program that |
The truant or a designated school official must do this on a regular basis |
Report it to the court if the minor is chronic or habitual |
Truants under Section 26-2a of the Schools Act.
|
(7) Under no circumstances may a guilty minor be convicted |
Department for juvenile criminal law
Corrections, youth department |
for a period exceeding the period for which a |
An adult could be convicted for the same act.
|
(8) A minor is found guilty on the following grounds: |
Breach of Section 21-1.3 of the Penal Code 1961 |
be sentenced to community service for at least 30 years |
and no more than 120 hours when community service is available |
in the jurisdiction. Community service includes, but |
are not limited to removing and repairing the damage |
caused by the breach or similar property damage |
located in the municipality or county where the violation occurred |
happened. The order can be placed in addition to any other order |
approved by this section.
|
(8.5) A minor shall be found guilty on the following grounds: |
Violation of Section 3.02 or Section 3.03 of Humane Care |
Animal Welfare Act or paragraph (d) of subsection (1) of Section |
Ordered to submit to Article 21-1 of the 1961 Penal Code |
medical or psychiatric treatment by a psychiatrist or |
psychological treatment by a clinical psychologist. |
The order can be made in addition to any other order authorized by |
|
this department.
|
(9) In addition to any other ruling, the court may |
shall find any minor guilty of any act that would lead to it |
depict a predatory criminal sexual assault on a child, |
serious sexual assault, criminal sexual assault, |
serious criminal sexual abuse or criminal sexual abuse if |
required by an adult to undergo a medical examination to determine this |
whether the accused suffers from a sexually transmitted disease |
including a test for human immunodeficiency infection |
Virus (HIV) or other identified causative agent of |
acquired immune deficiency syndrome (AIDS). Any medical test |
may only be performed by licensed physicians |
physicians and may include an analysis of any bodily fluids |
and an examination of the person of the minor |
Unless otherwise provided by law, the results of the test apply |
are treated in the strictest confidence by all medical personnel involved |
The exam takes place and must be handed in personally in a sealed package |
Envelope to the judge of the court where the judgment was rendered |
The decision was issued for judicial inspection behind closed doors. acting |
consistent with the good of the victim and the |
public, it is up to the judge to decide |
who the test results might reveal. The court |
informs the minor of the result of the infection test |
with the human immunodeficiency virus (HIV). The court should |
Also, notify the victim if and when they request it |
The victim is under 15 years old and if requested by the victim |
Parents or legal guardians notify the court to the victim |
Notify parents or guardians of the results of the test |
Human immunodeficiency virus (HIV) infection. The |
The court informs about the availability of HIV |
Tests and advice in the Ministry of Health |
Facilities for all parties that have the test results |
are revealed. The court orders that the costs of each investigation be covered |
are borne by the district and can be taxed as costs |
theminor.
|
(10) If a court has found a minor guilty, the court has jurisdiction |
|
must, before issuing a penalty order under this section, |
make a determination as to whether the offense was either (a) committed |
related to or promoting the criminal activities of any person |
organized gang or was motivated by the minor's membership |
belonging to an organized gang; or (b) involving an offence |
Subsection (a) of Section 12-7.1 of the Penal Code 1961, |
a violation of a section of Article 24 of the Criminal Code |
of 1961 or a violation of any law in which was involved |
misuse of a firearm. If the court decides the question |
affirmative, and the court does not oblige the minor to do so |
the department for juvenile criminal law
Corrections, youth |
division , the court orders the minor to perform jointly |
Service duration of at least 30 hours and no more than 120 hours, |
provided community service is available |
jurisdiction and is funded and approved by the county board |
the county where the offense was committed. The community |
The service includes, but is not limited to, cleaning |
and repairing damage caused by a breach of section |
21-1.3 of the Criminal Code 1961 and similar damages |
Property located in the municipality or district in which it is located |
There is a violation. If possible and sensible, the |
Charitable services are carried out in the youth welfare office |
Neighborhood. This arrangement is in addition to all others |
Orders authorized by this section, except for an order that must be placed |
the minors in the care of the Department of juvenile criminal law
|
Corrections, youth department . To this end |
Organized gang section has the meaning ascribed to it in |
Section 10 of the Illinois StreetgangTerrorism Omnibus |
Prevention Act.
|
(Quelle: P.A. 94-556, Booth 9.11.05.)
|
(705 ILCS 405/5-750)
|
Sek. 5-750. Commitment to the Department of youthful |
justice
Corrections, youth department .
|
(1) Except as otherwise provided in subsection (2) of this section, |
if an offender has been convicted in accordance with a district of the court |
|
Under this law, the court can subordinate him or her to the Department of |
juvenile criminal law
Corrections, youth department , if it finds |
that (a) is his parent, guardian or legal guardian |
unfit or unable for reasons other than financial |
Circumstances alone are for nurturing, protection, training, or disciplining |
of the minor or unwilling to do so, and the best interests of the child |
The minor and the public are not served by the placement |
Section 5-740 or; (b) it is necessary to ensure protection |
the public from the consequences of the criminal activity of |
Delinquent.
|
(2) If the minor is at least 13 years old |
convicted of first-degree murder |
The court explains the court's minor award and rules that |
Minor committed in the Department of juvenile criminal law
|
corrections, youth department, up to the age of 21 of the minor |
birthday, without the possibility of parole, furlough or |
non-urgent, approved absence for a period of 5 years |
the date the minor was admitted to the department youthful |
justice
corrections , excluding the time spent by a minor |
Custody of the immediate offense prior to committal to the offense |
Department of juvenile justice counts as time |
credited to this 5-year period. Nothing in this subsection |
(2) prevents the prosecutor from attempting this |
As an alternative to the procedure, a minor can be prosecuted as an adult |
according to this law.
|
(3) Except as otherwise provided in subsection (2), the obligation of |
adelinquent to the Department of juvenile criminal law
corrections |
applies for an indefinite period of time, which occurs automatically |
ends when the perpetrator has reached the age of 21 |
unless the offender is released from parole earlier or |
Otherwise, the care expires in accordance with this regulation |
Statutory or otherwise provided by law.
|
(4) When the court assigns a minor to the department |
juvenile criminal law
corrections , it shall command him or her |
forwarded immediately to the responsible receiving office |
other place designated by the department juvenile criminal law
|
|
corrections and appoints the Assistant director of |
juvenile criminal law
corrections, youth department, legal |
Administrator of the minor. The clerk provides the information |
Die Assistant director of juvenile criminal law
Corrections, |
youth department, a certified copy of the purchase order |
constitutes proof of the director's authority. No other process |
Necessity to ensure the custody of the minor.
|
(5) When a minor is assigned to the department youthful |
justice
Corrections, youth department , the court clerk |
forwards to the department:
|
(a) the ordered order;
|
(b) all reports;
|
(c) the court's statement of the basis for the order |
Arrangement; And
|
(d) any other matter ordered by the court |
to be sent to the clerk.
|
(6) Whenever the Ministry of juvenile criminal law
|
corrections lawfully released from his custody and control a |
underage obliged to the Assistant director of youthful |
justice
corrections, youth department, will make an application |
apply to the court for an order terminating his or her guardianship. The |
Custody ends automatically 30 days later |
Receipt of the application, unless the court orders otherwise.
|
(Quelle: P.A. 90-590, eff. 1-1-99.)
|
(705 ILCS 405/5-815)
|
Sek. 5-815. Habitual juvenile delinquent.
|
(a definition. Any minor convicted twice, a |
delinquent minor for offenses which if he would have been prosecuted as criminal |
An adult would have been a crime under this law |
state, and who will be convicted as a criminal minor afterwards? |
a third time is convicted as a habitual juvenile delinquent |
Wo:
|
1. The third judgment relates to a crime committed |
after the second decision; And
|
2. The second judgment concerned a criminal offence |
|
after the first decision; And
|
3. the third offense occurred after January 1, 1980; |
And
|
4. The third offense was based on the commission of |
or attempted commission of the following offences: first |
Second degree murder or involuntary murder |
Homicide; criminal sexual assault or serious crime |
criminal sexual assault; aggravated or vile battery |
with permanent disability or disfigurement or severe |
assault of the victim; Breaking into a house or something else |
Residence intended for temporary or permanent use |
place of residence for people; Burglary; robbery or |
armed robbery; or serious arson.
|
Nothing in this section precludes the activity of the prosecutor |
as an alternative to prosecuting a minor as an adult |
prosecution as a common juvenile delinquent.
|
A continuation under Section-approved supervision |
5-615 of this statute are not permitted under this section.
|
(b) Notice to Minors. The state serves the minor |
written notice of intent to pursue prosecution under the Regulations |
of this section within 5 court days of the filing of any |
Criminality motion, decision on which a mandate would be issued |
the disposition of the minor as a habitual juvenile delinquent.
|
(c) petition; Service. A notice to request a court decision |
Habitual juvenile delinquents may only be filed by the state |
Lawyer.
|
The petition referenced by such a habitual juvenile delinquent |
The notice on which it is based must contain the information and comments |
required for all other criminal complaints filed under this process |
The law and its delivery are governed by the provisions of |
this act.
|
The petition does not claim a previous decision.
|
(D)
Attempt. Such a petition shall be heard by a jury, unless |
In a public session and with the involvement of a lawyer, the minor demands a |
trial without a jury.
|
Except as otherwise provided herein, the terms of these shall apply |
|
The law on a delinquency proceeding generally applies |
applicable to habitual juvenile delinquent proceedings.
|
(e) Evidence of Previous Judgments. No evidence or anything |
Disclosure of previous decisions must be submitted to the |
court or jury during a scheduled court hearing |
under this section unless the problems allow otherwise |
properly educated in such listening. In the event that it is a minor |
The subject of this proceeding chooses to testify himself |
On behalf it is authorized to present evidence, e.g |
Purposes of impeachment that he has been before |
judged a juvenile delinquent on the basis of facts he had committed |
had been tried as an adult would have resulted in his conviction |
Crime or offense involving dishonesty or falsehood |
Opinion. The submission of such evidence takes place in accordance with |
the rules and procedures for the removal from office of a |
adult defendant based on prior conviction.
|
After an admission of the facts in the petition or |
The prosecutor can submit a decision on a criminal offence |
to the court a certified written statement signed by the state |
Lawyer in relation to the prior assessment of a crime |
Subsection (a) of this section explains what the offense would be |
committed a crime or offense that involved dishonesty |
or a false testimony if the minor would have been tried as an adult.
|
The court then arranges for the minor to be brought before him |
It; should inform him about the allegations of the statement |
filed, and by hisright to a court hearing on |
question of such an overriding decision and his right to advice |
such hearing; and unless the minor admits to such a decision, |
The court shall hear this matter and decide and make a decision |
written statement thereon.
|
A duly certified copy of such suspect's record |
The previous decision will be considered prima facie evidence of that previous decision |
judgment or an offense involving dishonesty or |
wrong statement.
|
Any claim that a previous decision of the |
The State's Attorney is not a prior decision on a crime |
|
which would have been the case if the minor had been prosecuted as an adult |
resulted in his conviction for a felony or other offense |
dishonesty or misrepresentation will be waived unless properly done |
raised at the hearing to such a decision, or unless the |
The prosecutor's evidence shows that such a prior decision was made |
not on evidence of what would have been a crime.
|
(f) disposal. If the court finds that the conditions are met |
identified in subsection (a) of this section have been demonstrated, |
it decides on the minor as a common juvenile offender and |
commit him to the department of juvenile criminal law
Corrections, |
youth department, until his 21st birthday without |
Possibility of parole, furlough or non-emergency approval |
Absence. However, the minor is entitled to one working day |
Good conduct credits served as discounts for each day |
against the time of his imprisonment. Such good manners |
Credits are acquired or revoked according to the procedures |
applicable to the granting and revocation of conduct of business |
Credit for adult prisoners serving a specified sentence |
Crime.
|
To determine credit for good conduct |
A commitment as a habitual juvenile delinquent is considered |
a specific obligation and the difference between the date |
of engagement and the minor's 21st birthday |
looked at the specific period of his imprisonment.
|
(Quelle: P.A. 90-590, eff. 1-1-99.)
|
(705 ILCS 405/5-820)
|
Sek. 5-820. Violent juvenile delinquent.
|
(a definition. A minor has previously been convicted |
a delinquent minor for an offense he or she would have committed |
would have been prosecuted as an adult would have been a Class 2 or higher |
Offense involving the use or threat of physical violence or |
Violence against an individual or a Class 2 or higher crime |
for which an element of the offense is the possession or use of one |
firearm, and who was subsequently convicted as a juvenile offender |
for a second time for one of these offenses |
|
has convicted a violent juvenile delinquent if:
|
(1) The second judgment relates to a committed crime |
after the first decision; And
|
(2) The second offense occurred on or after January 1. |
1995.
|
(b) Notice to Minors. The state serves the minor |
written notice of intent to pursue prosecution under the Regulations |
of this section within 5 court days of the filing of a |
Crime motion, decision on the basis of which a mandate would be made |
the predisposition of the minor as a violent juvenile delinquent.
|
(c) petition; Service. A notice to request a court decision |
Violent juvenile offenders may only be filed by the state |
Lawyer.
|
The petition on which the violent juvenile delinquent |
The notification on which the notification is based must contain the information and findings |
This is required for all other criminal complaints filed under this process |
The law and its service are carried out in accordance with the provisions of |
this act.
|
The petition does not claim a previous decision.
|
(d) process. The petition will be heard by a jury, unless |
the small claims, in open court and with counsel, a |
Trial in court without a jury.
|
Except as otherwise provided in this section, the |
Provisions of this Act on Criminal Procedure |
generally apply to violent juvenile delinquents |
Procedure.
|
(e) Evidence of Previous Judgments. No evidence or anything |
Disclosure of previous decisions must be submitted to the |
Court or jury during a court hearing pursuant to the Regulations |
of this section, unless expressly permitted otherwise |
raised in this hearing. In case the minor is the |
The person who is the subject of these proceedings decides to testify about him |
On its own behalf, it is authorized to present evidence, e.g |
impeachment purposes that she has been before |
judged a delinquent minor based on facts that the minor had |
had been tried as an adult would have resulted in the death of the minor |
|
Conviction of a felony or related offense |
dishonesty or false testimony. introduction of such evidence |
must comply with applicable rules and procedures |
the removal from office of an adult defendant based on a previous conviction.
|
After an admission of the facts in the petition or |
The prosecutor can submit a decision on a criminal offence |
to the court a verified written declaration signed by the state |
Advocate for all prior decisions on a criminal offence |
further in subsection (a) of this section, which would have been a |
Crime or offense involving dishonesty or falsehood |
Statement as to whether the minor was tried as an adult.
|
The court then arranges for the minor to be brought before him |
It; informs the minor of the allegations of the statement |
so filed, from his or her right to a hearing in the court on |
the question of the prior decision and his right to it |
Advice at the oral hearing; and unless the minor admits this |
When deciding, the court will hear the matter and decide |
will make a written statement of the facts.
|
A duly certified copy of the records of all suspected individuals |
The previous decision must be prima facie evidence of the previous decision |
Judgment or an offense involving dishonesty or |
wrong statement.
|
Any claim that a previous decision of the |
The prosecutor is not a prior decision on a crime |
which would also have been the case if the minor had been prosecuted as an adult |
resulted in his conviction as Class 2 or higher |
Offense related to the use or threat of violence or violence, or a |
firearm, a crime or offense that involved dishonesty or |
False testimony will be waived unless properly made at the hearing |
the verdict, or unless the prosecutor's evidence supports it |
that the previous decision was not based on evidence of what |
would have been a crime.
|
(f) disposal. If the court finds that the conditions are met |
identified in subsection (a) of this section have been demonstrated, |
it decides on violent juvenile delinquents under age and |
commit the minor to the department for juvenile criminal law
|
|
corrections, youth department, until his 21st birthday, |
without the possibility of parole, furlough, or non-emergency |
approved absence. However, the minor is entitled to it |
Earn a day of credit for every day you served |
Reductions for the duration of his placement. The |
Good conduct points are earned or withdrawn accordingly |
the procedures applicable to grant and revocation |
Credit towards good behavior for adult prisoners who commit specific offences |
penalties for crimes.
|
To determine credit for good conduct |
Commitment as a violent juvenile delinquent is deemed to be a |
Determine the obligation and the difference between the date of |
the obligation and the minor's 21st birthday |
took into account the specific length of his detention.
|
(g) Nothing in this Section shall exclude that of the State |
Counsel of intending to prosecute a minor as a matter of custom |
juvenile delinquent or as an adult as an alternative |
Prosecution as a violent juvenile delinquent.
|
(h) A continuation under supervision approved by the Section |
5-615 of this statute are not permitted under this section.
|
(Quelle: P.A. 90-590, eff. 1-1-99.)
|
(705 ILCS 405/5-901)
|
Sek. 5-901. court record.
|
(1) The court record relating to proceedings under this |
The article consists of the petitions, pleadings and victims |
Impact Statements, Process, Process Delivery, Orders, Dispositions |
and record entries reflecting hearings and judgments conducted and |
judgments issued by the court. The court record is preserved |
separate from other court records.
|
(a) The file, including information identifying the |
Being a victim or suspected victim of a sex offense |
will only be passed on to the following parties if this is necessary |
Performance of their official duties:
|
(i) A judge of the District Court and members of the |
court staff appointed by the judge;
|
|
(ii) Proceedings and their |
Lawyers;
|
(iii) Victims and their lawyers, except in individual cases |
of multiple victims of sex crimes, in which case the |
Information to identify the non-soliciting victims |
shall be blackened;
|
(iv) Probation Officers, Law Enforcement Officers |
or prosecutors or their staff;
|
(v) Review Boards for Adult and Juvenile Prisoners.
|
(b) The court record has been edited to remove any information |
Identification of the victim or suspected victim of a sexual offense |
will only be disclosed to the following parties if |
are required to carry out their official duties:
|
(i) authorized military personnel;
|
(ii) persons conducting serious research with |
the permission of the judge of the juvenile court and |
the manager of the agency that prepared it |
specific recording: provided that the publication of |
Such investigations result in the rights of a minor not being disclosed |
Identity and protects the confidentiality of |
record;
|
(iii) The Secretary of State to which the case officer belongs |
The court reports on the decision of all cases |
required in Section 6-204 or Section 6-205.1 des |
Illinois vehicle code. However, information has been reported |
in relation to these offenses are privileged and |
is only available to the Secretary of State, the courts, etc |
Police officers;
|
(iv) The custodian of a genuine substance |
Abuse student aid program with permission |
the presiding judge of the juvenile court;
|
(v) Any individual or any public or private agency |
or institution that has custody of the minor |
Court Order or Provision of Educational, Medical or |
psychiatric services for adolescents or a |
court-appointed attorney for the juvenile or another |
|
Placement provider or potential placement provider as |
determined by the court.
|
(3) A minor who is the victim or suspected victim in a |
Juvenile proceedings are subject to the same confidentiality |
regarding disclosure of identity as a minor |
subject of the records. Information to identify victims and suspects |
Victims of sex crimes must not be exposed or disclosed |
public inspection under any circumstances. nothing in it |
The section prohibits the victim or alleged victim of any gender |
Offense by voluntarily disclosing his identity.
|
(4) Appropriate information, reports and records are to be drawn up |
available for the department of juvenile criminal law
corrections |
when a juvenile offender is taken into custody |
Department for juvenile criminal law
Corrections, youth department .
|
(5) Except as otherwise provided in this subsection (5), |
Juvenile court files may not be made accessible to the court |
general public, but may be viewed by representatives of |
Agencies, associations and news media or other duly |
interested persons by general or special order of the court. |
The prosecutor, the minor, his parents, his guardian |
and lawyers have the right to question the court at any time |
files and records.
|
(a) The court shall permit the general public |
Access a minor's name, address and offense |
has ruled on a criminal offender under this Act after one of the two judgments |
of the following circumstances:
|
(i) The decision on crime was based on |
Commitment of murder or attempted murder in the first degree by the minor |
commit first-degree murder, commit a serious criminal |
sexual assault or criminal sexual assault; or
|
(ii) The court found that the minor |
was at least 13 years old at the time of the crime |
committed and the crime was established |
based on the minor's commission of: (A) an act in |
Encouraging the commission of a crime as a member |
by or on behalf of a street criminal gang, (B) an act |
|
using a firearm when inspecting a |
Crime, (C) an act that would be a Class X crime |
Offense under the second or subsequent grade of the minor |
2 or more serious cannabis control offence |
An act if committed by an adult,(D) an act that it would be |
a second or subsequent offense under section 402 of the |
Illinois Controlled Substances Act if committed by one |
adult, (E) an act that would constitute a criminal offense |
Section 401 of the Illinois Controlled Substances Act |
if it were committed by an adult, or (F) an act that it would be |
a methamphetamine control offense and |
Community Protection Act when the act is committed by an adult.
|
(b) The court shall permit the general public |
Access a minor's name, address and offense |
be at least 13 years old at the time of the offence |
who was committed in criminal proceedings and who is convicted |
permitted or required under Section 5-805 |
the following circumstances:
|
(i) The minor has been convicted in the first degree |
murder, attempted murder in the first degree, |
serious criminal sexual assault or criminal sexual abuse |
Attack,
|
(ii) The court found that the minor |
was at least 13 years old at the time of the crime |
was committed and the conviction was given on the basis |
Commitment of a Minor: (A)An offense for the promotion of |
committing a criminal offense as a member or on their behalf |
a criminal street gang, (B) a crime in which is involved |
use of a firearm in the commission of a crime, (C)a |
Class X 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) a criminal offense under |
Abschnitt 401 des Illinois Controlled Substances Act, |
or (F) a methamphetamine control offense and |
|
Community Protection Act.
|
(6) Nothing in this section shall be construed as a limitation |
Using a criminal judgment as evidence in any way |
Juvenile or criminal proceedings where it would otherwise be the case |
admissible under the rules of evidence, inclusive, but not |
limited to use as evidence in impeachment proceedings against a witness, |
including the minor if he or she testifies.
|
(7) Nothing in this section affects the right of a |
Civil Service Commission or Appointing Authority examining the |
Character and suitability of an applicant for a position as a lawyer |
enforcement officer to determine if this was the applicant |
has ever been found guilty of a juvenile delinquency, and if so, then |
examine the documents or evidence presented in the proceedings |
according to this law.
|
(8) After each judgment of the offense for an offense |
what would be a crime if committed by an adult or an adult |
any finding of an offense for a breach of section |
24-1, 24-3, 24-3.1 or 24-5 of the Criminal Code 1961, the |
The prosecutor determines whether the defendant is a minor |
is enrolled in the school and, if so, must provide a copy of it |
Judgment decision to the school principal or head of administration |
school official. Access to such youth files must be guaranteed |
limited to the chief or chief administrative officer of |
School and any careers advisor it designates.
|
(9) Nothing in this Act prevents disclosure or |
Disclosure of Information or Records Related to |
Juveniles are subject to the provisions of Serious Habitual |
Offender ComprehensiveAction Program when this information is available |
Used to aid in the early detection and treatment of |
habitual juvenile delinquents.
|
(11) The clerk of the district court shall report to the court |
Department of StatePolice, in the form and manner required by |
the Department of State Police, the final order of each |
Minor arrested or taken into custody before his or her death |
her 17th birthday for the reportable crimes |
under Section 5 of the Criminal Identification Act. information |
|
The information reported to the department under this section may be retained |
with records provided by the department pursuant to Section 2.1 of the |
Criminal Identification Act.
|
(12) Information or records may be disclosed to the general |
public when the court conducts hearings pursuant to Section |
5-805 or 5-810.
|
(Quelle: P.A. 94-556, Booth 9.11.05.)
|
(705 ILCS 405/5-905)
|
Sek. 5-905. Law Enforcement Records.
|
(1) Law Enforcement Records. Inspection and duplication of laws |
Enforcement records maintained by law enforcement agencies |
relating to a minor who has been arrested or admitted |
Custody before the age of 17 is limited to |
The following and if it is necessary for the discharge of their |
Official Duties:
|
(a) A judge of the District Court and members of the |
court staff appointed by the judge;
|
(b) police officers, probation officers or |
prosecutors or their staff;
|
(c) The minor, his or her parents or legal guardian |
and their lawyers, but only if the juvenile is already present |
charged with a criminal offense;
|
(d) Boards of Examination for adult and juvenile prisoners;
|
(e) authorized military personnel;
|
(f) persons engaged in the research in good faith |
Permission of the juvenile court judge and the chief |
Manager of the agency that prepared the details |
Recording: provided that the publication of this research occurs |
does not lead to disclosure of the identity of a minor and protects |
the confidentiality of the records;
|
(g) persons responsible for monitoring or |
Provision of temporary or permanent care and assistance to minors |
according to the orders of the Juvenile Court |
Officials from the Department of Children and Family Services |
or the Department of Human Services, which issues the written attestation |
|
that the information will not be passed on to third parties |
party, except as required by law or court order;
|
(h) The appropriate school official. inspection & |
Copying is limited to law enforcement records |
Submitted by a local to the appropriate school official |
Law enforcement agencies under a mutual reporting system |
between the school district and furnished and maintained |
the local law enforcement agency pursuant to Section 10-20.14 of |
the school regulations for minors who are registered at a school |
within the school district who was arrested for some reason |
Offense classified as a criminal offense or a Class A or B offense |
offense.
|
(2) Information to identify victims and suspected victims of |
Sexual offenses may neither be disclosed nor made accessible to the public |
Inspection under no circumstances. Nothing in this section |
prohibits the victim or alleged victim from committing any sexual offense |
prevented from voluntarily revealing their identity.
|
(3) Appropriate information, reports and records are to be drawn up |
available for the department of juvenile criminal law
corrections |
when a juvenile offender has been taken into custody |
Department for juvenile criminal law
Corrections, youth department .
|
(4) Nothing in this section prohibits inspection |
or disclosure of the included photographs to victims and witnesses |
in the records of law enforcement agencies upon inspection |
or the disclosure is made in the presence of a law enforcement agency |
Officer for the purpose of identifying or arresting people |
person in the context of a criminal investigation; or |
Prosecution.
|
(5) Law enforcement officials' records of all |
Minors under the age of 17 must be accommodated separately |
Adult recordings may not be viewed publicly |
or the contents of which are made available to the public except as directed by |
the court or the initiation of criminal proceedings |
permitted or required under section 5-130 or 5-805 |
Section 5-130 or 5-805 or such person has been convicted of: a |
crime and is under investigation before judgment or when |
|
provided by law.
|
(6) Except as otherwise provided in this subsection (6), |
Law enforcement officials may not reveal an individual's identity |
Minorin disseminates information to the general public |
Arrest, investigator disposition in any case involving a |
minor. Any victim or a victim’s parent or legal guardian can |
apply to the court for disclosure of name and address |
Minor and the minor's parent or legal guardian or both. On |
a determination by clear and persuasive evidence of disclosure |
is either necessary to enable the victim to seek a civil remedy |
against the minor or his parents or guardians, or |
both or to protect the victim's person or property from being harmed |
is a minor, the court may order disclosure |
Information to the victim or to the parent or legal guardian |
of the victim solely for the purpose of the victim pursuing a civil claim |
Appeal against the minor or his/her parents or appeal |
guardian or both or to protect the person of the victim or |
property of the minor.
|
(7) Nothing in this section is intended to prohibit any law |
Law Enforcement Authorities when acting in their official capacity |
from communication with each other by letter, memorandum, |
telex or intelligence alert bulletin or other means |
Identity or other relevant information about an individual |
under 17 years. The information listed here |
Paragraph (7) remains confidential and will not be treated as confidential |
publicly disclosed unless otherwise permitted by law.
|
(8) No one may disclose any information pursuant to this section |
unless acting in his official capacity and as |
provided by law or court order.
|
(Source: P.A. 90-590, valid 1-1-99; 91-479, valid 1-1-00.)
|
(705 ILCS 405/5-915)
|
Sek. 5-915. Exclusion of juvenile prosecution and |
court records.
|
(1) As soon as a person has reached the age of 17 or |
if all juvenile court proceedings concern this person |
|
terminated, whichever is later |
request the court to delete relevant law enforcement records |
to incidents that occurred before his 17th birthday or 17 years of age |
or her juvenile court records, or both, but only in the |
the following circumstances:
|
(a) The minor has been arrested and no application has been made |
The criminal complaint was filed with the court clerk; |
or
|
(b) The minor has been charged with a criminal offense and found |
not delinquent for that offense; or
|
(c) the minor has been placed under supervision in accordance with |
Section 5-615 and the order of the supervisor apply since then |
completed successfully; or
|
(d) the minor has been convicted of an offense which |
would be a Class B misdemeanor, a Class C misdemeanor, or a |
Petty or business crimes when committed by an adult.
|
(2) Any person may petition the court to repeal any law |
Enforcement records relating to previous incidents |
his or her 17th birthday which did not result in a proceeding |
criminal court and all juvenile court records relating to |
all convictions except those based on first-degree murder |
andsexual offenses, which would be criminal offenses if committed by one |
Adult if the person for whom release is sought did not have one |
Convictions for a criminal offense since his 17th birthday and:
|
(a) has reached the age of 21; or
|
(b) Five years have passed since all juvenile court proceedings were initiated |
the proceedings concerning him have been discontinued or |
his or her commitment to the department juvenile criminal law
|
Corrections, youth department under this law |
was terminated;
|
whichever is later of (a) or (b). |
(2.5) If a minor is arrested and no application is made |
The criminal complaint is filed with the clerk of the district court |
pursuant to paragraph (1) paragraph (a) at the time of |
Minor is released from custody, the youth officer if |
responsible person or another person designated by the arrest |
|
Agency, notifies the minor orally and in writing or |
the parents or legal guardians of the minor if the prosecutor |
does not apply for criminal charges, the minor has a right |
to request that his or her arrest record be erased if the |
Minor reaches the age of 17 or when all juvenile courts |
the proceedings regarding this minor have been terminated and |
that the minor must do so, unless an application for expulsion is made |
have a record of arrest and make it available to the minor and the person |
Parents or legal guardians of the minor with a deletion notice |
Package, including a petition to have juvenile files wiped |
obtained from the court clerk. |
(2.6) When a minor is accused of a criminal offense and found |
not delinquent; or if a minor is subordinate |
Section 5-615 Oversight and the Order of Oversight |
ends successfully; or if a minor is convicted of a |
Offense which would be a class B misdemeanor and a class C misdemeanor |
Misdemeanors or a business or petty offense when committed by one |
Adult; or when incidents are imminent to a minor |
17th birthday that did not lead to criminal proceedings |
Court or led to a trial before a juvenile court, and the |
The verdicts were not based on murder or first-degree sexuality |
criminal offenses which would constitute a criminal offense if committed by an adult; Then |
at the time of the judges' conviction or dismissal of the case |
informs the defaulting minor of his right to do so |
Request for erasure as provided by law and the clerk of the court of |
The district court provides a cancellation notice |
Package to the delinquent minors, written in simple language, |
including a cancellation request, a sample of a completed document |
Petition deletion instructions to include the following |
Information informing the minor that (i) as soon as the case arises |
is deleted, it is treated as if it never happened, (ii) er |
or she may apply for waiver of the Petition Fees, (iii) as soon as he or |
If she receives a deletion, this may not be necessary |
disclose that he or she has had a juvenile delinquency, and (iv) he or |
You can submit the application alone or to the authority |
Assistance from a lawyer. The judge's failure to inform |
|
to release the defaulting minor from his right of application |
The statutory deletion does not justify any substantive legal claim |
Right, nor is this failure a reason for: (i) a reversal of a |
establishment of a criminal offence, (ii) a new trial; or (iii) a |
appeal. |
(2.7) The following applies to districts with more than 3,000,000 inhabitants: |
The District Court clerk sends a “Notification of a |
“Possible Right to Erasure” postcard to the minor im |
Address last received by the court clerk on |
Date on which the minor turns 17 years of age |
Date of birth that the minor has notified to the court |
Guardian in the cases referred to in paragraphs (b), (c) and (d) of |
subsection (1); and if the minor has reached the age of 21 |
on the date of birth that the minor or his or her has given to the court |
in the cases of paragraph 2 their guardian. |
(2.8) The cancellation request for subsection (1) is |
basically have the following form: |
VOR DEM SHORT CIRCUIT VON…, ILLINOIS
|
........ COURT PROCEEDINGS
|
INTHE INTEREST SUBSTANCE) NO. |
) |
) |
...................) |
(name of applicant)
|
Petition to delete youth registers |
(705 ILCS 405/5-915 (SUBPART 1)) |
(Please prepare a separate petition for each violation) |
Now come............, supplicant, and ask respectfully |
that this honorable court issue an order for the expulsion of all youth |
Law enforcement and court records of the applicant and its supporters |
It says: "The plaintiff has reached the age of 17, |
his/her date of birth is ......, or allJuvenile Court |
The proceedings ended on ... whichever came later. |
The plaintiff was arrested on ….. by the … police |
|
Division for the crime ......., and:
|
(Mark with a cross:)
|
( ) A. No petition was filed with the Court Clerk |
Focused. |
( ) B. was charged with ... and found not to have committed a criminal offense |
die Offensive. |
( ) C. A petition was filed and the petition was dismissed |
without finding a criminal offense on ..... |
( ) D. on … placed under supervision in accordance with section |
5-615 of the Juvenile Courts Act 1987 and any such order of |
Supervision successfully completed on ........ |
( ) e. was convicted of the offense which would have been a |
Class B misdemeanor, a Class C misdemeanor, or a petty crime |
or a commercial offense when committed by an adult.
|
The plaintiff .... was .... was not arrested on the charge in |
this or any county other than the fees listed above. If |
The petitioner has been arrested on other charges, please list |
the following fees:
|
Fees): ...... |
Arresting authority(ies): .......... |
Disposition/Result: (choose from a. to e. above): .....
|
THEREFORE the petitioner respectfully asks for this, Honorable Member |
The court shall (1) order all law enforcement agencies to expel all |
Applicant's records of the incident; and (2) the order |
The court clerk requested that all records of it be erased |
Applicants to this incident.
|
.......................
|
Applicant (signature)
|
........................
|
address of the applicant
|
....................
|
City (*) State (*) ZIP Code
|
|
.................................
|
Applicant's phone number
|
Subject to the penalties of perjury under the Civil Code |
Procedure, 735 ILCS 5/1-109, I hereby certify that the |
The statements in this petition are true and correct, or based on |
Information and Belief I believe the same is true.
|
.......................
|
Applicant (signature)
|
The request for deletion for paragraph (2) is to be made |
essentially in the following form:
|
VOR DEM SHORT CIRCUIT VON ........, ILLINOIS |
........ COURT PROCEEDINGS
|
INTHE INTEREST SUBSTANCE) NO. |
) |
) |
...................) |
(name of applicant)
|
Petition to delete youth registers
|
(705 ILCS 405/5-915 (SUBPART 2)) |
(Please prepare a separate petition for each violation) |
Now come............, supplicant, and ask respectfully |
that this honorable court issue an order for the expulsion of all youth |
Law enforcement and court records of the applicant and its supporters |
It says: |
The incident for which the plaintiff is requesting deletion |
happened before the plaintiff's 17th birthday and did not happen |
lead to proceedings before a criminal court and the plaintiff has |
has not been convicted of a criminal offense since he/she was 17 years old |
Birthday; And
|
The incident for which the plaintiff is requesting deletion |
happened before the plaintiff's 17th birthday and the |
|
The verdict was not based on murder or first-degree sexuality |
offenses which would constitute a criminal offense if committed by an adult, and |
The plaintiff has not been convicted of a crime since |
his/her 17th birthday. |
The plaintiff was arrested on ...... by the ....... police |
Department for the offense of ........, and: |
(Check which event occurred last :) |
( ) A. The plaintiff has reached the age of 21 |
birthday is .......; or |
( ) B. Five years have passed since the juvenile court proceedings |
the case against the plaintiff has been dropped; or |
the plaintiff's commitment to the Ministry of youthful |
justice
corrections, youth department, according to the |
Deletion of juvenile prosecution and court files |
Provisions of the Juvenile Courts Act 1987 |
quit. The plaintiff ... was ... was not arrested on |
Fees in that or any other county other than the fee |
listed above. If the applicant was arrested on other grounds |
Fees, please list the fees below: |
Fees): .......... |
Arresting authority(ies): ....... |
Disposition/Result: (choose a or b above): .......... |
THEREFORE the petitioner respectfully asks for this, Honorable Member |
The court shall (1) order all law enforcement agencies to expel all |
Applicant's records related to that incident; and (2) |
order the clerk to erase all relevant records |
the petitioner about this incident.
|
.......................
|
Applicant (signature)
|
.......................
|
address of the applicant
|
....................
|
City (*) State (*) ZIP Code
|
|
.................................
|
Applicant's phone number
|
Subject to the penalties of perjury under the Civil Code |
Procedure, 735 ILCS 5/1-109, I hereby certify that the |
The statements in this petition are true and correct, or based on |
Information and Belief I believe the same is true. |
.......................
|
Applicant (signature)
|
(3) The chief judge of the county where an arrest was made |
charged or charged, or any judge of that circuit |
may be appointed by the Chief Justice upon the reviewed application of a |
Person who is the subject of an arrest or juvenile court |
Procedure in accordance with subsection (1) or (2) of this Section, Arrangement |
the law enforcement records or the official court records or both |
removed from the official record of the arrest |
Authority, the Court Clerk and the Ministry of |
State Police. The person whose records are to be deleted must do so |
make an application to the court using the appropriate form with his or her name |
their current address and notifies the clerk immediately |
Notify the district court of any change of address. Notice of Petition |
are served on the public prosecutor or the accused public prosecutor |
With the duty to prosecute the crime, the Department of |
State police and the arresting authority(ies) by the clerk |
of the district court. If objected within 90 days |
the notice of the petition, the court clerk |
sets a date for the hearing after the 90-day objection period has expired. |
At the hearing, the court is to hear evidence as to whether the |
Erasure should be granted or not. Unless the state |
Attorney or prosecutor, the Department of State Police or a |
The arresting authority objects to the deletion within 90 days |
After notification, the court may issue an expulsion order. |
The person whose records are to be deleted must pay the clerk |
the district court a fee equal to the costs involved |
with deletion of the records by the clerk and the department for |
State Police. The clerk sends a certified copy of it |
|
Order to the Department of State Police, the appropriate |
Part of the fee to the Department of State Police for |
Processing and submit a certified copy of the order to the |
arresting authority. . |
(3.1) The cancellation notification must be essentially |
the following form: |
VOR DEM SHORT CIRCUIT VON....., ILLINOIS |
.... COURT PROCEEDINGS
|
INTHE INTEREST SUBSTANCE) NO. |
) |
) |
...................) |
(name of applicant)
|
OBSERVE |
TO: Prosecutor |
AN: Arresting Authority
|
|
................ |
................
|
|
................ |
................
|
AN:IllinoisStatePolice
|
|
....................
|
|
....................
|
ATTENTION: Deletion
|
You are hereby informed that on ..... at ..... in the courtroom |
..., is in ..., before the Lord ..., judge or other |
Richter, who sits in his place, I will address then and there |
a petition for the deletion of youth files in the sense mentioned above |
no matter what time and place you appear. |
.......................
|
|
Signature of Applicant
|
.........................
|
address of the applicant
|
....................
|
City (*) State (*) ZIP Code
|
.................................
|
Applicant's phone number
|
PROOF OF SERVICE |
On the ....... day of ......, 20..., I declare under oath that I |
has served this notice and has true and accurate copies of the |
Documents checked above from: |
(Mark with a cross:) |
Personal delivery of copies to any company where they are located |
directed; |
or |
by sending copies to any legal entity to which they are addressed |
Deposit the same with the US Post Office, postage due |
prepaid, before 5:00 p.m., in the United States |
Post depot is located in ................. |
.........................................
|
|
Signature |
Court Clerk or Deputy Court Clerk
|
Printed Name of Offending Minor/Applicant: .... |
Address: ........................................ |
Telephone number: ................................ |
(3.2) The deletion order essentially applies |
the following form: |
VOR DEM SHORT CIRCUIT VON....., ILLINOIS |
.... COURT PROCEEDINGS
|
INTHE INTEREST SUBSTANCE) NO. |
) |
) |
...................) |
(name of applicant)
|
|
Birth date ................ |
arresting authority(ies) ...... |
ORDER TO DELETE |
(705 ILCS 405/5-915 (SUBPART 3))
|
This matter was heard at the request of the petitioner and |
However, the court, which was extensively advised on site, determined this |
The applicant is destitute or has provided a valid reason for being so |
waive all costs in this matter, IT IS HEREBY ORDERED that: |
( ) 1. Court Clerks and State Police Expenses |
is hereby waived. |
( ) 2. Das Illinois State Police Bureau of Identification |
and the following law enforcement agencies delete all records |
of the petitioner in connection with an arrest of ...... for the |
offense of ...... |
Law Enforcement Agencies: |
......................... |
......................... |
( ) 3. It is also ordered that the Clerk of the Court |
The court deletes all documents related to the above case. |
INPUT: ......................
|
|
RICHTER |
DATUM: ....... |
Name:
|
Lawyer for:
|
Address: City/State/Postal Code:
|
Attorney number: |
(3.3) The notice of objection must be essentially |
the following form: |
VOR DEM SHORT CIRCUIT VON....., ILLINOIS |
....................... COURT PROCEEDINGS
|
INTHE INTEREST SUBSTANCE) NO. |
) |
) |
|
...................) |
(name of applicant)
|
notice of objection |
AN: (lawyer, public defender, minor)
|
.................................
|
.................................
|
AN:(IllinoisStatePolice)
|
.................................
|
................................. |
TO:(Court Clerk)
|
.................................
|
.................................
|
Judge)
|
.................................
|
.................................
|
AN:(arrest authority/authorities)
|
.................................
|
................................. |
ATTENTION: This is to inform you that an objection has been received |
submitted by the following entity regarding the above minors |
Application for deletion of youth files: |
( ) Public prosecutor;
|
( ) Public Prosecutor (other than the Public Prosecutor's Office) charged |
with the obligation to prosecute the intended crime;
|
( ) Department of Illinois State Police; oder
|
( ) arresting authority(ies).
|
The agency reviewed above respectfully requests this case |
continue and be scheduled for hearing on deletion |
should be granted or not.
|
DATUM: ....... |
Name: |
Lawyer for:
|
Address: |
City, State, Zip Code:
|
Telephone:
|
|
Attorney no.:
|
FOR USE BY COURT STAFF ONLY
|
This matter has been scheduled for hearing under the foregoing |
Objection, on ...... in space ...., located in ....., before |
Honorable ....., judge or any judge who sits in his place. |
(Only one hearing will be scheduled, regardless of the number |
notices of opposition in the same case).
|
A copy of this completed Notice of Appeal, containing the following: |
The court date, time and place were transmitted through regular US channels. |
Mail to the following entities. (If more than one message from |
An objection must be filed in the same case in each case |
completed with date, time and place of court and mailed to |
the following units):
|
( ) Attorney, Public Defender or Minor;
|
( ) Public prosecutor; |
( ) Public Prosecutor (other than the Public Prosecutor's Office) charged |
with the obligation to prosecute the intended crime; |
( ) Department of Illinois State Police; Und |
( ) arresting authority(ies).
|
Datum: ...... |
Initials of clerk completing this section: .....
|
(4) By issuing an order for the deletion of files or files, the |
Offense relating to the records or files is to be dealt with |
if it had never happened police officers and other public bodies |
Offices and agencies must duly respond to requests that no |
There is no record or file related to the person.
|
(5) Not deleted records are sealed and |
can only be obtained under the terms of Sections 5-901, |
5-905 and 5-915.
|
(6) Nothing in this Section shall be construed as a prohibition |
the maintenance of information related to a crime |
Records or files relating to the offense were deleted when |
The information is kept in a way that is remarkable |
Identification of the perpetrator. This information may only be |
Used for statistical and serious research purposes. |
(7)(a) The State Appeals Attorney finds that |
|
up to December 31, 2004 maintain and carry out youth work |
Deletion program to provide information and support |
Minors entitled to have their juvenile register files erased. |
(b) The State Appeals Defender prepares pamphlets, |
Brochures and other materials in print and through the |
Agency website. The brochures and other materials |
must contain at least the following information:
|
(i) A Statement of State Juvenile Detention |
Procedure; |
(ii) The circumstances in which the young person |
deletion may occur; |
(iii) The juvenile offenses that can be eliminated; |
(iv) The steps required to initiate and complete |
Juvenile Expulsion Procedures; and |
(v) Instructions for contacting the State Appellate Body |
Defender. |
(c) The State Appeals Attorney finds and |
maintain a nationwide toll-free number that a person has |
may be used to obtain information or assistance regarding the |
Deletion of juvenile files. The State Appeals Attorney |
will promote the toll-free number nationwide. The |
The State Appeals Attorney must work out a deletion |
Information pack that can be sent to eligible searchers |
Deletion of their youth files, which may also include, but |
is not limited to a pre-printed cancellation petition |
Instructions for completing the petition and a brochure |
Contain information that would assist individuals in doing so |
the juvenile justice process. |
(d) The State Appellatee Attorney establishes a statewide case |
List of volunteer attorneys willing to provide eligible assistance |
individuals through the juvenile justice system. |
(e) This section will be implemented from funds |
handed over by the General Assembly to the State Complaints Authority |
defender for this purpose. The State Appeals Attorney must |
Hire the necessary staff and enact the necessary rules |
implementation of this section. |
|
(8)(a) With the exception of law enforcement agencies: |
Correctional authority, prosecutors or others |
Prosecutors cannot consider a deleted juvenile file |
by a private or public body in employment matters, |
certification, licensing, revocation of certification or |
License or Registration. Applications for employment are required |
contain specific wording stating that the applicant is not |
obliged to disclose deleted conviction files of juveniles |
or arrest. Employers are not allowed to ask if an applicant had one |
Juvenile criminal record cleared. With effect from January 1, 2005, the |
The Department of Labor creates a link to the Department |
Website to inform employers that employers are not allowed to ask if a |
The plaintiff's juvenile criminal record and this application were deleted |
for employment must contain specific wording stating so |
The applicant is not obliged to disclose expelled juveniles |
Records of arrests or convictions. |
(b) A person whose juvenile record has been deleted |
no entitlement to waiver of fines, costs or other funds |
paid as a result of cancellation. This amending law of |
The 93rd General Assembly does not affect the right of |
Victim of a crime that requires criminal prosecution or civil defense |
damage. |
(Source: P.A. 93-912, effective 12/8/04; revised 10/14/04.)
|
Section 21. The law on the rights of victims and witnesses of crime |
is amended by amending Sections 4.5, 5, 8.5 and 9 as follows:
|
(725 ILCS 120/4,5)
|
Sek. 4.5. Procedures for implementing the rights of criminals |
the victims. In order to grant victims of crime their rights, law enforcement agencies must |
Prosecutors, judges and prisons will provide information |
if necessary, one of the following methods:
|
(a) At the request of the crime victim, the law enforcement authorities |
The authorities investigating the case communicate this |
Status of the investigation, except where the prosecutor is responsible |
notes that disclosure of such information would occur |
|
interfere unreasonably with the investigation up to that point |
how the alleged attacker is arrested or how the investigation is going |
closed.
|
(b) The Office of the Public Prosecutor:
|
(1) must inform about the submission of information, |
the return of a charge that makes criminal prosecution possible for everyone |
a violent crime is started or a petition is filed |
convict a minor of a violent crime as a criminal;
|
(2) announces the date, time and place |
of the process;
|
(3) or victim advocate staff must provide |
Information on social services and financial support |
available to victims of crime, including information about |
how to apply for these services and support;
|
(4) In the securing of stolen or other personal items is to assist |
Law Enforcement Property for |
returned as soon as possible for evidence or other purposes |
possible, according to the procedures set out in Section |
115-9 of the 1963 Code of Criminal Procedure;
|
(5) or Victim Advocate staff will arrange for the provision |
appropriate employer matchmaking services to ensure this |
The victims' employers will cooperate with the criminal |
Justice system to minimize the loss of a worker |
payment and other benefits resulting from court hearings;
|
(6) has to provide information about a |
Safe waiting area during a court proceeding that does not |
require the victim to be in close proximity to the accused; or |
Youth accused of violent crime and their family members |
and friends;
|
(7) must inform the victim of the crime |
Right to the presence of a translator at every court |
Procedure;
|
(8) In the event of a person's death, what death |
occurred in the same transaction or event |
There are acts that a defendant is charged with |
In the event of a crime, the spouse, parents, child or siblings must be notified |
|
of the deceased on the day of the trial against the person or |
persons allegedly responsible for the death;
|
(9) The victim must be informed of the right to receive |
Presence at all court proceedings, subject to the rules of |
Evidence, a proponent or other supporter of the |
Victim choice and the right to hire a lawyer |
at the victim's own expense, which will be submitted after written notice |
with the clerk and the prosecutor, is closed |
Receive copies of all notices, motions and court orders |
thereafter be filed in the case, in the same manner as if |
The victim in the case was a named party. And
|
(10) The pronouncement of judgment must be done in good faith |
Try to explain what is the minimum time required for this |
The accused may actually be physically detained. The |
The public prosecutor's office will also notify you of this |
The victim of a crime has the right to demand something from the prisoner |
Information from the Examination Board on the publication of the |
Defendant pursuant to subparagraph (d)(1) of this Section; And
|
(11) applies for reimbursement at the sentencing hearing and must |
Consider the refund as provided in any appeal hearing |
by law.
|
(c) At the written request of the crime victim, the Bureau |
The prosecutor should:
|
(1) Give reasonable notice in advance |
the following court proceedings: preliminary hearing, possibly |
The hearing may result in the accused being released |
to be released from detention or to change the conditions of attachment |
judgment hearing. The victim of the crime must also be notified |
sufficient to set aside the court proceedings |
Time, wherever possible, to prevent an unnecessary |
court appearances;
|
(2) give notice within a reasonable time |
Receipt of the Custodian's notification of the release of the |
Defendant on bail or personal acknowledgment or release |
from the detention of a minor who since a |
violent crime;
|
|
(3) In non-technical language, explain the details of each |
Cause of action or judgment of a defendant or a judgment of a |
Juvenile delinquent for a violent crime;
|
(4) If possible, consult the crime victim |
before the prosecutor makes an offer |
reach an agreement with the defendant or enter into negotiations |
with the defendant about a possible agreement, |
and, if necessary, checks the written victim impact statement |
prepared before entering into a settlement agreement;
|
(5) Announcement of the final disposition of the |
Cases arising out of an allegation or information, or a |
Application for conviction of a juvenile as a criminal |
a violent crime;
|
(6) Notification of any appeal filed by the Respondent |
and information on how to contact the relevant agency |
handling of the complaint;
|
(7) Notification of any request for re-sentencing |
review filed by the defendant under Article 122 of the Code |
of the 1963 criminal proceeding and the date, time and |
Location of any hearing regarding the petition. Whenever |
The oral hearing is to be announced in advance if possible;
|
(8) forward a copy of the statements listed below |
Section 6 to the Prisoner Review Board for consideration |
the Board of Directors in its decision under subsection (b) |
of Section 3-3-8 of the Unified Code of Corrections.
|
(d) (1) The Prisoner Review Board notifies a victim or |
any other citizen concerned, upon written request, who |
release of the prisoner on parole, mandatory release under supervision, |
electronic arrest, release to work or by the administrator of |
Dismissal of a person who has been classified as a criminal |
for a violent felony from federal custody and the Sheriff of |
the relevant district of final discharge of such person |
from district custody. The Prisoner Review Board, upon written request |
Upon request, it must be made available to a victim or other concerned person |
Citizens a recent photo of a person convicted of a |
crimes, after his release from custody. The prisoner |
|
Upon written request, the review panel will inform a victim or |
every other affected citizen, if possible, at least 7 days beforehand |
until the release of the prisoner on vacation of the times and dates of |
such a vacation. At the written request of the victim or another person |
If an affected citizen is affected, the prosecutor must notify the person |
once the time and date of the release of a convicted prisoner |
to periodic detention. The basis of the notification is |
Latest information about the victim or other people involved |
Residence of the citizen or other place available to him |
notifying authority. For the purposes of this paragraph (1) of |
Subsection (d) "concerned citizen" includes relatives of |
Victim, victim's friends, witnesses to the crime, or others |
other person associated with the victim or prisoner.
|
(2) If the defendant was bound |
Human Services Division as described in Section 5-2-4 or |
any other provision of the Unified Code of Corrections that |
The victim can request to be notified of the release |
Authority to Release Defendant from State Custody.
|
(3) In the event of an escape from state custody, the |
Corrections Department or the youth department |
justice immediately notify the Prisoner Review Board |
about the escape and the Prisoner Review Board notifies him |
The victim. The notification is to be based on most of them |
Current information about the victim's place of residence or similar |
Place available to the Board of Directors. If no such information is available |
available, the Board will make all reasonable efforts |
to collect the information and make the report. When |
The fugitive is arrested, the Department of Corrections |
or the Ministry of Juvenile Justice should immediately |
notify the Prisoner Review Board and the Board will notify |
The victim.
|
(4) The victim of the crime for which the prisoner is responsible |
Convicts do not receive adequate written notice |
less than 15 days before the parole hearing and possibly |
in writing, on film, videotape or in any other electronic form |
By means of or in the form of a recording or personally on site |
|
parole hearing, or if you are a victim of a violent crime |
calling the toll-free number specified in subsection (f). |
of this section, information for examination by the |
Prisoner Review Board. The victim must be notified within 24 hours |
7 days after the prisoner was granted parole |
be informed about the right to inspect the probation register |
Decisions under subsection (g) of Section |
3-3-5 of the Unified Code of Corrections. The regulations |
This paragraph (4) is subject to the open parole hearings |
Akt.
|
(5) If a statement is submitted in accordance with Section 6, the |
The Prisoner Review Board informs the victim of each order |
Discharge entered by the Board pursuant to Section 3-3-8 |
of the Uniform Prison Code.
|
(6) At the written request of the crime victim |
what the prisoner was sentenced for, the Prisoner Review |
The board notifies the victim of the prisoner's death |
if the prisoner died during the probationary or compulsory period |
supervised release.
|
(7) If a defendant who is the |
Corrections Department , the youth department |
Justice, or the Department of Human Services will be fired or |
discharged and then assigned to the department for |
Human Services as a sexually violent person and victim |
had requested notification from the licensing authority |
the release of the accused from state custody, the |
The approving authority provides the Ministry of |
Human Services such information that would allow |
Department of Human Services to contact the victim.
|
(e) The officials referred to in this section may meet some or |
all of their notification requirements and otherwise |
Information through participation in a nationwide victims and |
Witness notification system set up by attorney |
General according to section 8.5 of this law.
|
(f) To enable a victim of violent crime to provide services |
information to the Prisoner Review Board for consideration |
|
the board at a parole hearing of a person who committed it |
Crimes against the victim under Section (d)(4) of |
this section or in any process to determine the terms of |
mandatory supervised release of a person sentenced to a |
Determination of the penalty or in a hearing on the cancellation of the mandatory penalty |
supervised release of a person convicted at a specified time |
sentence, the board will set up a toll-free number that is possible |
the victim of a violent crime can access it to depict it |
information to the board of directors.
|
(Quelle: P.A. 93-235, Booth 07.22.03.)
|
(725 ILCS 120/5)
(from chap. 38, para. 1405)
|
Sek. 5. Rights of Witnesses.
|
(a) Witnesses as defined in Section 3 subsection (b) of |
This law has the following rights:
|
(1) to be notified by the Office of the State |
Advocate of all court proceedings involving the witness |
You must be present a reasonable amount of time in advance |
join the process and be notified of the cancellation |
to be informed in good time of any planned court proceedings |
prevent unnecessary court appearances, where |
possible;
|
(2) to make available to the relevant employer |
Public Prosecutor's Intercession Services |
or the victim advocacy staff to ensure employers do so |
Number of witnesses will cooperate with the criminal justice system |
System to minimize an employee's loss of wages and |
other services resulting from court hearings;
|
(3) Provide safe waiting whenever possible |
Area during court proceedings that is not required |
Witnesses must be in the immediate vicinity of the accused and their relatives |
families and friends;
|
(4) Notification by the Office of |
Prosecutor, if necessary, of the right to a |
translatorpresent whenever the witness is present |
necessary.
|
|
(b) At the written request of the witness, the witness |
should:
|
(1) Received a notice from the Office of the State |
Attorney for any post-conviction review request filed by |
the accused under Article 122 of the Criminal Code |
Proceedings of 1963 and the date, time and location of all |
Hearing on motion for reconviction |
Review; Whenever possible, announcement of the hearing on |
The petition must be submitted in advance.
|
(2) received notification from the regulatory authority |
Release of the accused from state custody if the accused |
was placed under the Department of Human Services |
Section 5-2-4 or other provision of the Unified Code of |
Corrections;
|
(3) received notice from the Prisoner Review Board |
the prisoner's escape from state custody, according to the Board |
was informed of the escape by the Department of |
corrections or the Ministry of Juvenile Justice ;if that |
Fugitive is arrested, the Correctional Authority or |
the Department of Juvenile Justice sollsofort |
notify the Prisoner Review Board and the Board will notify |
The witness;
|
(4) received a notice from the Prisoner Review Board of |
prisoner release on parole, electronic detention, |
Work clearance or mandatory supervised clearance and the |
Prisoner's final release from parole, electronic |
Detention, dismissal from work or forced release under supervision.
|
(Quelle: P.A. 91-357, effective 7/29/99.)
|
(725 ILCS 120/8,5)
|
Sek. 8.5. Nationwide Victim and Witness Notification |
System.
|
(a) The Attorney General may identify a crime victim and |
Witness notification system to assist public officials |
Carrying out their duties to notify and inform victims of crime |
and witnesses pursuant to Section 4.5 of this Act as counsel |
|
Generally specified by rule. The system must perform the required download |
information from participating officers into his computers, |
where it should be maintained, updated and done automatically |
be transmitted to victims and witnesses by telephone, computer or |
written note.
|
(b) Das Illinois Department of Corrections, the Department |
of juvenile justice, the Department of HumanServices and the |
The Prisoner Review Board works with the Attorney General |
in the implementation of this section and ensures that |
Information necessary for the effective operation of the |
System.
|
(c) Prosecutors, Court Clerks and Local Law |
Law enforcement and correctional authorities may step in |
Agreements with the Attorney General to participate in the |
System. The Attorney General can provide those who wish to do so |
Join with the equipment, software or training |
necessary to bring their offices into the system.
|
(d) Providing information to victims of crime and |
Witnesses via the Attorney General's notification system |
meets the appropriate requirements of a particular state or local official |
Obligation according to Section 4.5 to provide the information.
|
(e) The Attorney General may telephone, |
electronic or other public access to the database has been set up |
under this section.
|
(f) The Attorney General shall issue the necessary rules |
Implement this section. The rules should include, but not be |
limited to provisions for the scope and operation of any |
System and procedures that the Attorney General may put in place |
Requirements and standards for entering into agreements |
participate in the system and devices, software, |
or education.
|
(g) It is set up in the law firm |
General advice on notifying victims and witnesses of crime |
Committee composed of victim advocates, sheriffs, |
Prosecutors, Court Clerks, Illinois Department |
of corrections, the Department of Juvenile Justice, And |
|
Staff of the Prisoner Review Board, Attorney General |
decides on the appointment. The Attorney General appoints one |
Member to Chair of the Committee.
|
(1) The Committee consults and advises the |
Attorney General regarding the exercise of the legal profession |
The general's powers under this section, including but not limited to |
limited to:
|
(i) the design, scope and operation of the |
notification system;
|
(ii) the content of any rules adopted for implementation |
this department;
|
(iii) procurement of hardware, software, etc |
Support for the system, including the choice of supplier or |
Operator; And
|
(iv) the acceptance of agreements with and the |
Providing equipment, software or training to officials |
who want to participate in the system.
|
(2) The Committee reviews the status and functioning |
of the system and report on all findings and recommendations |
for changes to the Attorney General and the General |
Meeting by November 1st of each year.
|
(3) The members of the committee receive No |
Compensation for their services as members of |
rejects, however, can be reimbursed for their actual costs |
arising from the work on the committee.
|
(Quelle: P.A. 93-258, Stand 1.1.04.)
|
(725 ILCS 120/9)
(from chap. 38, para. 1408)
|
Sek. 9. This law does not limit any rights or |
Responsibilities otherwise due to or imposed on victims |
or witnesses to violent crime, nor does it grant one to anyone |
Claim for damages or attorneys' fees. Any act of |
Omission or inspection by a law enforcement officer or county |
clerk or prosecutor, from the Attorney General, |
Prisoner Review Board, Department of Corrections, Die |
Department of Juvenile Justice, human services department, |
|
or another government agency or private entity under contract |
pursuant to Section 8 or by an employee of a government agency |
or a private entity acting under a contract under Section 8 |
to provide assistance in good faith to a crime victim; or |
Any other enforcement of this law will not create civil liability |
to the natural or legal person or their manager or |
Employer. Nothing in this law is intended to create a basis for an eviction |
a conviction or cause for appeal of an offender |
Case. Failure by a crime victim to receive notification |
is necessary, but may not deprive the court of its powers |
act in relation to the proceedings pending before him; nor will anyone do such a thing |
Failure grants the defendant the right to seek continuation.
|
(Quelle: P.A. 93-258, Stand 1.1.04.)
|
Section 22. The law to combat sexually violent persons applies |
amended by amending Sections 15 and 75 as follows:
|
(725 ILCS 207/15)
|
Sek. 15. Petition for Sexually Violent Persons; Contents; |
Submission.
|
(a) A petition alleging that a person is sexually violent |
Person can be submitted by:
|
(1) The Attorney General at the request of the Agency |
with jurisdiction over the person as defined in subsection |
(a) by Section 10 of this Act or on its own initiative. |
If the Attorney General, after consultation and deliberation |
the prosecutor of the district referred to in the paragraph |
(a)(2) of this section decides to submit a request pursuant to |
In this section, he or she must submit the application before the |
Date of release or discharge of the person or within 30 |
Days of placement on probation or under mandatory supervision |
Release for an offense listed in paragraph (e). |
Section 5 of this Act.
|
(2) If the Attorney General does not submit an application |
Under this section, the county attorney general has jurisdiction |
the person has been convicted of sexual violence |
|
Offense convicted of sexual violence |
Criminal offense or found not guilty or not responsible for a |
sexual violent offense due to mental illness, mental illness |
Illness or mental disability can apply.
|
(3) The Attorney General and the Public Prosecutor |
referred to in paragraph (a)(2) of this Section, together.
|
(b) A petition filed under this section will indicate this |
All of the following apply to the person alleged to be a |
sexually violent person:
|
(1) The person meets one of the following criteria:
|
(A) The person has been convicted of sexual harassment |
violent crime;
|
(B) The person was hired for a. found to be punishable |
sexually violent offense; or
|
(C) The person was found not guilty: a |
sexually violent offense of mental illness, insanity |
illness or mental defect.
|
(2) (Teaching).
|
(3) (Learning).
|
(4) The person has a mental disorder.
|
(5) The person is dangerous to others because the |
A person's mental disorder creates a significant probability |
that he or she will commit acts of sexual violence.
|
(b-5) The petition must be submitted:
|
(1) No more than 90 days prior to discharge or entry |
mandatory supervised release from a department for |
Corrections correctional facility for a sentence that was |
is imposed on a conviction for a sexual assault offense, |
or for a penalty being served at the same time or |
back to back with asexual violence and no more |
than 30 days after the person's entry into probation or |
mandatory supervised release; or
|
(2) Not more than 90 days before dismissal or dismissal:
|
(A) from a department for juvenile criminal law
|
corrections Juvenile detention center if the |
The person was taken to the facility for the court hearing |
|
Offenders under Section 5-20 of the Juvenile Courts Act |
of 1987 or found guilty under Section 5-620 of that statute |
due to an act of sexual violence; or
|
(B) from a commitment order entered as |
result of a sex crime.
|
(c) A petition submitted under this section must contain the following: |
Particularity essential facts to determine the probable cause |
believe the person is a sexually violent person. If the |
Petition states that it is a sexually violent crime or act |
a basis for the claim under paragraph (b)(1). |
Section was an act that was intended to be sexually motivated |
pursuant to Section 5, paragraph (e)(2) of this Act, the Petition |
It shall state the grounds on which the crime or act is alleged |
be sexually motivated.
|
(d) A petition under this section must be filed in either country |
of the following:
|
(1) The district court for the district in which the |
person has been convicted of an act of sexual violence, |
convicted criminal of a sexually violent crime or |
found not guilty of an act of sexual violence |
Insanity, insanity or mental disorder.
|
(2) The district court for the district in which the |
Person is in pre-trial detention due to a sentence, accommodation in a |
Department of correctional facility or correctional facility A |
Juvenile Justice Department juvenile detention |
facility or an obligation arrangement.
|
(Source: P.A. 91-227, valid 1-1-00; 91-357, valid 7-29-99; 92-16, |
eff.6-28-01.)
|
(725 ILCS 207/75)
|
Sek. 75. Notice of parole, dismissal, |
Escape, death, or court-ordered change of custody status of |
a prisoner or a civil sexually violent person.
|
(a) The term used in this section:
|
(1) "Sexual violence" is an act or attempt |
Action that provides a basis for a claim made in a petition |
|
pursuant to paragraph (b)(1) of Section 15 of this Act.
|
(2) "Family Member" means spouse, child, |
Siblings, parents or guardians.
|
(3) "Victim" is a person against whom an act was committed |
Sexual violence was committed.
|
(b) If the court finds a sexual act committed under civil law |
violent person on parole under section 40 or 60 |
of this Act or dismiss a person under Section 65, or if a |
prisoner or civil sexually violent person escapes, |
dies or is subject to a court-ordered custody change |
Status of the prisoner or sexually violent person who |
The department will make a reasonable attempt where possible |
found to notify all following people who have requested this |
Notification under this Act or under the Crime Laws |
Victim and Witness Law:
|
(1) Which of the following is appropriate |
pursuant to the provisions of subsection (a)(3):
|
(A) The victim of the sexual assault.
|
(B) An adult family member of the victim, if |
Victims died as a result of the sexual violence.
|
(C) The victim's parent or legal guardian, if the |
The victim is younger than 18 years.
|
(2) The Corrections Department or the department for |
juvenile criminal law .
|
(c) The notice pursuant to subsection (b) of this Section must |
Notify the law enforcement agency or the department for |
juvenile criminal law and the person notified pursuant to paragraph (b)(1). |
of this section the name of the person committed under this section |
law and the date the person will be conditionally released, |
been released, or when a prisoner or civilian has committed sexual acts |
A violent person escapes, dies, or becomes a victim of violence |
court-ordered change of custody of the detainee; or |
sexually violent person. The Ministry sends the message |
Postmarked at least 7 days before the date the person committed |
conditionally discharged, discharged or |
if it is a prisoner or a sexually violent person committed under civil law |
|
escapes, dies, or undergoes a court-ordered change |
custody status of the prisoner or sexually violent person, |
unless exceptional circumstances do not permit prior written notice |
Notification to the Correctional Authority or the |
Juvenile Justice Department and the last known address of |
the person notified pursuant to paragraph (b)(1) of this Section.
|
(d) The department designs and prepares maps |
send to the persons referred to in paragraph (b)(1) of this section |
to the department. There must be room on the cards for these people |
their names and addresses as well as the name of the person |
committed under this law and any other information that |
Department determines if it is necessary. The department should |
Give the cards to the Attorney General for free |
Prosecutors. The Attorney General and the prosecutors |
makes the tickets available to the specified persons free of charge |
in paragraph (b)(1) of this section. These people are allowed to broadcast |
completed cards to the department. All or part of the Records |
Department records relating to mailing addresses of |
These persons are not subject to inspection or imitation |
Section 3 of the Freedom of Information Act.
|
(Quelle: P.A. 93-885, Stand 8.6.04.)
|
Section 25. The Uniform Corrective Code is amended by |
Addition of Article 2.5 to Chapter III and amendment of 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 chap. 38, para. 1003-1-2)
|
Sek. 3-1-2. The definition. |
(a) “Chief Administrative Officer” means the person |
entrusted by the director with the exercise of powers and duties |
the Department of Corrections in relation to persons committed |
|
within a correctional facility or facility and includes the |
Head of a youth center or institution.
|
(a-5) “Sex Offense” as used in 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 means only: |
(i) A breach of any of the following sections of the |
Criminal Code 1961: 10-7 (Assistance to child |
Kidnapping pursuant to 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 (solicitation |
for a teenage prostitute), 11-17.1 (keeping a place of |
Youth prostitution), 11-18.1(Patronising a youth |
prostitutes), 11-19.1 (youth pimping), 11-19.2 |
(exploitation of a child), 11-20.1 (child pornography), |
12-14.1 (rapid sexual abuse of a child) or |
12-33 (ritualized abuse of a child). An attempt to commit |
any of these crimes. |
(ii) A breach of any of the following Sections of |
the Penal Code of 1961: 12-13 (criminal sexual assault), |
12–14 (severe sexual assault), 12–16 |
(serious criminal sexual abuse) and subsection (a) of |
Section 12-15 (criminal sexual abuse). An attempt to commit |
one of these crimes. |
(iii) A breach of any of the following Sections of |
the Penal Code of 1961 if the accused is not |
Victim's Parent: |
10-1 (kidnapping), |
10-2 (Aggravated Kidnapping), |
10-3 (unlawful retention), |
10-3.1 (Aggravated Unlawful Restraint). |
An attempt to commit any of these offenses. |
(iv) A violation of any prior law of that state |
is essentially equivalent to the offenses listed here |
Subsection (a-5). |
A crime that violates federal law or the law of another |
|
State substantially corresponding to an offense listed in |
This subsection (a-5) constitutes a sex offense |
Purpose of this subsection (a-5). A finding or judgment as |
a sexually dangerous person as defined by a federal statute or statute of |
another condition essentially analogous to that of the sexual |
The Dangerous Persons Act constitutes a decision for a |
Sexual offenses as defined in this subsection (a-5). |
(b) “Commitment” means a court-ordered placement |
in the custody of the Department of Corrections on the basis of |
crime or conviction.
|
(c) “Committed Person” means a person who advocates for it |
department, but a dedicated person is out of the question |
to be a law enforcement officer to anyone |
Purpose, including entitlement to a pension, social benefits, etc |
other rewards or rights or privileges that may exist |
made available to the department staff.
|
(d) "Prison or Correctional Facility" means any |
Building or part of a building in which dedicated people are accommodated |
in a secured way.
|
(e) In the case of functions performed before the effective date |
Date of this Amendment Act of the 94th General Assembly, |
“Department” means the law enforcement agency of that State. |
In the case of functions performed on or after the Effective Date |
Date of this Amendment Act of the 94th General Assembly, |
“Department” has the meaning assigned in the subsection |
(f-5).
|
(F) In the case of functions performed before the effective date |
Date of this Amendment Act of the 94th General Assembly, |
“Director” means the director of the Correctional Authority. |
In the case of functions performed on or after the Effective Date |
Date of this Amendment Act of the 94th General Assembly, |
"Director" has the meaning given to it in subsection (f-5).
|
(f-5) In the case of functions performed on or after |
Effective Date of this Amendment Act of the 94th General |
Assembly, references to "department" or "director" refer to |
either the corrections department or the director of |
|
Corrections or to the Department of Juvenile Justice or the |
Director of Juvenile Justice unless context is specific |
the Department of Juvenile Justice or the Director of Juvenile Justice |
Justice.
|
(g) “Release” means the definitive termination of an obligation |
to the correctional facility.
|
(h) “Discipline” means the rules and regulations for |
Maintaining order and protection of people and property |
within the institutions and facilities of the department and |
their enforcement.
|
(i) “Escape” means intentional and unauthorized escape |
Absence of a dedicated person from the care of the |
Department.
|
(j) “Holiday” means an approved leave of absence from |
the Department of Corrections for a specific purpose and |
Period of time.
|
(k) “Probation” means conditional and revocable release |
a dedicated individual under the supervision of a probation officer.
|
(l) “Prisoner Review Board” means the body established in |
Section 3-3-1(a), regardless of department, for review |
Rules and regulations regarding good time credits, until |
Hearing the Department's charges against certain individuals |
Prisoners are accused of violating department rules |
in terms of goodtime credits to safely set release dates |
Prisoners convicted under the law in force before the law |
Entry into force of this Amendment Act 1977 to hear requests |
and make recommendations to the governor in that regard |
pardon, stay or commutation to set conditions for parole |
andmandatory supervised release and determination of whether |
Violations of these terms shall justify revocation of probation or |
to release and take over all other previously exercised functions |
from Illinois Word and Pardon Board.
|
(m) Whenever medical treatment, service, advice or |
This Uniform Correction Code refers to due diligence, e.g |
The term may be construed within its limitations by the department or court |
Discretion, including treatment, service or advice from a |
|
Suitable for Christian Science practitioners or nurses |
thus whenever a corresponding request is made by a data subject |
the provisions of this law.
|
(n) “Sacrifice” has the meaning ascribed to it |
Subsection (a) of Section 3 of the Bill of Rights for Victims |
and witnesses to violent crime.
|
(Quelle: P.A. 94-159, Booth 7.11.05.)
|
(730 ILCS 5/3-2-2)
(from chap. 38, para. 1003-2-2)
|
Sek. 3-2-2. Authority and duties of the department.
|
(1) In addition to the powers, duties and responsibilities |
which are otherwise provided for by law, is the responsibility of the ministry |
the following powers:
|
(a) to admit persons who have been required to do so by the courts |
this state for care, custody, treatment and |
Rehabilitation and reception of federal prisoners and aliens |
over whom the office of Federal Detention Trustee stands |
authorized to exercise federal custody |
limited purposes and time periods.
|
(b) Develop and maintain reception and evaluation |
Custody Analysis Units and |
Rehabilitation needs of dedicated people |
Assign these individuals to institutions and programs |
control or transfer them to other appropriate bodies. In |
Consultation with the Department of Alcoholism and |
Substance Abuse (now Department of Human Services), the |
The Department of Corrections is to develop a master plan for this |
the review and evaluation of people who are committed to it |
caregivers who have problems with alcohol or drug abuse, and for |
providing appropriate treatment to those individuals; |
The departments shall report on this to the General Assembly |
Plan no later than April 1, 1987. The maintenance and |
The implementation of such a plan depends on it |
Availability of Funds.
|
(b-1) Creation and implementation, on January 1, 2002, a |
Pilot program to establish the effectiveness of |
|
Pupillometer technology (the measurement of the number of pupils). |
Response to light) as an alternative to a urine test for |
Purposes of screening and evaluating volunteers |
Custody is for those who have alcohol or drug problems. The pilot |
The program requires pupillometer technology |
Used in at least one law enforcement agency. |
The director can add one to the pilot program |
additional facility or facilities at its discretion |
appropriate. It must contain at least 4,000 tests |
the pilot program. The department must report to the |
General Assembly on the effectiveness of the program of |
1 January 2003.
|
(b-5) To be developed in consultation with the department |
the state police, a program to track and evaluate each individual |
inmate from placement to release to admission of his or her |
their gang affiliation, activities, or ranks.
|
(c) To maintain and administer all state correctional facilities |
Institutions and bodies under its control and at |
establish new ones if necessary. Within the scope of his authority to do so |
Establishment of new institutions and bodies, the Department |
may grant approval with the written approval of the governor |
the Department of Central Management Services to conclude |
an agreement of the type described in subsection (d). |
Section 405-300 of the Department of Central Management |
Services Law (20 ILCS 405/405-300). The department should |
Name the institutions that should form them |
State Penitentiary System.
|
As part of its power to create new institutions and |
The Ministry can authorize the Ministry to establish facilities |
Central administrative services accept offers from counties |
and municipalities for the construction, conversion or |
Remodeling of a structure to be rented to the department |
Corrections for the purpose of his work as |
correctional facility or institution. such a construction, |
Conversions or conversions can be financed with revenue bonds |
issued pursuant to the Industrial Building Revenue Bond Act |
|
by the community or district. The rental agreement specified in an offer |
must be for a period not shorter than the time required for it |
withdraw all revenue bonds used to fund the project, but |
not exceed 40 years. The lease can be granted to the state |
the option to acquire the structure entirely.
|
After receipt of the offers, the Ministry can issue a certificate |
one or more bids and transmits these bids |
submitted to the General Assembly for approval. After approval of an offer |
by a constitutional majority of both Houses of General |
Assembly, by joint decision, the Ministry of |
CentralManagement Services may enter into a contract |
with the county or municipality pursuant to this offer.
|
(c-5) Development and maintenance of regional youth facilities |
Setting up detention centers and charging the counties a daily allowance |
as determined by the department to cover costs |
Placement of each minor in a center. In this subsection (c-5) |
“Juvenile Detention Center” means a detention facility |
Minors during court hearing who were transferred |
from proceedings under the Juvenile Courts Act from 1987 to |
prosecutions under the criminal laws of that State in |
pursuant to Section 5-805 of the Juvenile Courts Act of |
1987, whether the transfer was by operation of law or |
permitted under this section. The department should |
Determine the counties to be served by each region |
juvenile detention center.
|
(d) To develop and maintain control programs, |
Rehabilitation and employment of dedicated individuals within |
its institutions.
|
(e) Establishment of a monitoring and advisory system |
committed people in the community.
|
(f) To be established in cooperation with the Department of |
Transport to supply a sufficient number of prisoners |
for use by the Department of Transportation to clean up the |
Garbage and trash along the state, county, municipality or |
municipal highways as determined by the Ministry of |
Transport. The Correctional Authority at |
|
If requested by the Department of Transport, the following must be submitted |
such prisoners at least annually for a period to be agreed |
between the Director of Corrections and the Director |
of transportation. The prisoners used in this program should |
be selected by the head of the correctional facility |
basis which he considers appropriate in view of their tenure, |
Behavior and acquired entitlement to participate |
Program - where they will be outside of the prison facility |
but still in the custody of the Correctional Service. |
Prisoners convicted of First Degree or Class X Murder |
crime or armed violence, or aggravated kidnapping, or |
criminal sexual assault, serious criminal sexual abuse |
or a subsequent criminal sex abuse conviction, or |
forcible detention or arson or a convicted prisoner a |
Habit criminals cannot be selected |
participate in such a program. The prisoners should stay |
Prisoners in the custody of the Correctional Services |
and this department is supposed to provide the security that is there |
necessary. The Ministry of Transport provides |
Trucks and equipment for the highway cleaning program and |
Personnel to monitor and direct the program. Neither the |
Department of Corrections noch das Department of |
Transport replaces each regular employee with one |
Prisoner.
|
(g) to keep records of those engaged to do so; and |
to set up research, statistical and |
Planning.
|
(h) To investigate a person's complaints |
obliged to contact the department to investigate any allegations |
Misconduct by employees or committed persons and to |
Determining the assets of committed people for implementation |
Section 3-7-6 of this Code; and for these purposes it can |
Issue subpoenas and enforce the presence of witnesses |
the preparation of writings and reports and may examine |
under oath all witnesses appearing before her; also |
investigate alleged violations of a probation officer's rights; or |
|
conditions of parole or parole of the released person; and therefor |
To this end, it can issue subpoenas and enforce their presence |
Witnesses and submission of documents only if available |
Reason to believe that such procedures would provide |
Evidence that such violations have occurred.
|
When a person fails to comply with a subpoena under the following provisions |
This subsection can be applied to any circle by the director |
court to ensure compliance with the subpoena. The failure |
to comply with the order of the court issued in response thereto |
Violations will be punished as contempt of court.
|
(i) Appointment and removal of the Chief Administrator |
Officers and administer training programs and |
Personnel development of the department. staff |
is assigned responsibility for this by the department |
Custody and control of persons committed or for investigation |
the alleged misconduct of committed individuals or employees, or |
alleged violations of the conditions of the parole officer or parolee |
Probation officers are supposed to be for these peacekeepers |
serve purposes and have the full powers of peace officers |
outside the department's facilities in the |
Protection, arrest, recapture and re-imprisonment of committed persons |
persons or when the exercise of this power is necessary |
investigating such misconduct or violations.
|
(j) Collaborate with other departments and agencies |
and with local communities to develop standards |
and programs for better correctional services in this area |
Condition.
|
(k) To administer all funds and possessions of |
Department.
|
(l) Annual reporting to the Governor on the promised actions |
People, institutions and programs of the department.
|
(l-5) In a confidential annual report to the Governor, |
The department identifies all inmate gangs by |
Listing the name, population, and allies of each current gang |
gangs. The Ministry specifies the number in more detail |
Top leaders identified by the department for each gang |
|
last year and those of the |
Division to separate each leader from his gang |
and allied gangs. The department will also report back |
Current status of identified and assigned executives |
in recent years. All executives described in the report will do so |
be identified by the prisoner number or some other designation |
enable tracking, auditing and verification without |
reveal the names of the leaders. Because this report |
contains intelligence information from law enforcement agencies |
The report is collected by the department and is confidential |
are not subject to public disclosure.
|
(m) Establish all rules and regulations and apply all |
Powers and duties conferred by law on the department.
|
(n) establishing rules and regulations for |
management of a system of good conduct points, |
determined in accordance with Section 3-6-3, subject to change |
Review by the Prisoner Review Board.
|
(o) To manage the distribution of funds |
Treasury to reimburse counties where state penalties have been imposed |
Institutions are responsible for paying assistants |
Prosecutor Salaries as per Section 4-2001 of the |
county code.
|
(p) To exchange information with the Ministry of |
Human Services und das Illinois Department of Public Aid |
for the purpose of verifying housing conditions and for |
other purposes directly related to management |
this Code and the Illinois Public Aid Code.
|
(q) To set up a diversion program.
|
The program is designed to provide a structured environment for |
selected technical parole or mandatory supervised release |
Violators and committed people who have broken the rules |
Regulation of their conduct during the leave of absence. This program |
does not apply to persons who have committed a new offence |
Offense while in detention on probation or under mandatory supervision |
release or during the obligation to release to work.
|
Elements of the program must include, but cannot be: |
|
limited to the following:
|
(1) The staff of a diversion facility ensures the provision |
Monitoring according to the established objectives |
through the facility.
|
(2) The participants are obliged to maintain it |
Employment.
|
(3) Each participant pays for accommodation and meals |
in the system staggered acc |
the income of the participant.
|
(4) Each participant must:
|
(A) pay compensation to the victims |
in accordance with a court order;
|
(B) support him financially |
relatives; And
|
(C) make reasonable payments to others |
court-ordered obligations.
|
(5) Each participant completes the community |
service in addition to employment.
|
(6) The participants are obliged to take part |
Counseling, educational and other programs like the |
The Department may deem this appropriate.
|
(7) The participants have to submit to drugs and alcohol |
Screening.
|
(8) The department issues rules |
regulates the administration of the program.
|
(r) To enter into intergovernmental cooperation |
Agreements under which persons in the care of |
The department may participate in a circle impact |
Section 3-6038 detention program or |
3-15003.5 des Counties Code.
|
(r-5) (File).
enter into intergovernmental relations |
Cooperation agreements by which minors judged |
criminal and handed over to the correctional authority, |
Youth department, can participate in a district youth department |
Thrust incarceration program established under the section |
3-6039 des Counties Code.
|
|
(r-10) Identify yourself systematically and routinely |
Respect for every street gang active in the correctional facility |
System: (1) any active band; (2)any existing intergang |
affiliation or alliance; and (3) the current executives |
every gang. The department immediately separates the leaders |
by inmates belonging to their gangs and allied gangs. |
"Segregate" means no physical contact and so far |
possible under the given conditions and space |
Correctional facility, picture and sound ban |
Communication. For the purposes of this paragraph (r-10): |
"Leaders" are persons who:
|
(i) are members of a criminal street gang;
|
(ii) in relation to other persons within the |
street gang, occupy a position as an organizer, |
Supervisor or other managerial position |
Guide; And
|
(iii) engage actively and personally |
direct, order, authorize or require |
Commitment of criminal acts by others who |
punishable as a felony, promoting a street gang |
related activities both inside and outside the |
Corrections Department.
|
"Streetgang", "gang" and "streetgang related" have that |
Meanings ascribed to them in Section 10 of the Illinois |
Omnibus Prevention of Street Gang Terrorism Act.
|
(s) To operate a super maximum safety device, |
to manage and supervise disruptive inmates |
or dangerous and ensure the safety of the |
staff and the other inmates.
|
(t) To monitor any unprivileged conversations or others |
unprivileged communication, whether in person or by mail, |
Telephone or otherwise between an inmate who previously |
Dedicated to the department, was a member of an organized organization |
gang and any other person without reason or |
meet all other legal requirements before you start |
Monitoring unless required by constitutional law. The |
|
Monitoring can be done by video, voice, or some other method |
recording or otherwise. As used here |
Subsection (1)(t) means "organized gang". |
is attributed to him in Section 10 of the Illinois Street Gang |
Terrorism Omnibus Prevention Act.
|
As used in this subsection (1)(t), "unprivileged". |
“Conversation” or “Unprivileged Communication” means a |
Conversation or communication not protected by anyone |
Privilege recognized by law or by decision, rule, or regulation |
of the Illinois Supreme Court.
|
(u) Establish pre-release for women and children |
CommunitySupervisionProgram for the purpose of delivery |
Accommodation and Services for Eligible Female Inmates, as |
determined by the department, and their newborns and young |
Kinder.
|
(v) take any other action necessary to carry it out |
provisions of this chapter.
|
(2) The prison authority must by January 1, 1998 |
Consider building and running a correctional facility |
Specifically, 100 miles of a county with a population of over 2,000,000 |
A facility to accommodate young participants |
Impact Incarceration Program.
|
(3) When the Ministry makes offers for medical contracts |
Services for people involved in the department |
Facilities of a health organization, medical |
The offer can be submitted to a service company or another healthcare provider |
may only be rented to a healthcare provider who has received one |
irrevocable letter of credit or performance bond issued by a |
Companies whose bonds are rated AAA based on a bond rating |
Organisation.
|
(4) When the Ministry offers contracts for food or |
Commissary services to be made available to departmental facilities, |
The bid may only be rented to a grocery or commissary service |
Provider who has received an irrevocable letter of credit or |
Compliance bond issued by a company whose bonds are rated AAA |
by a bond rating organization.
|
|
(Source: P.A. 92-444, valid 1-1-02; 92-712, valid 1-1-03; 93-839, |
eff. 30.07.04.)
|
(730 ILCS 5/3-2-5)
(from chap. 38, para. 1003-2-5)
|
Sek. 3-2-5. organization of the department the corrections |
and the Ministry of Juvenile Justice .
|
(a) There must be an adult section within the section |
administered by an appointed Deputy Director |
by the Governor in accordance with the Civil Administration Code of |
Illinois. The deputy director is subject to management |
of the director. The adult department is responsible for this |
all persons subordinate to or transferred to the department |
Sections 3-10-7 or 5-8-6 of this Code.
|
(B) There is to be a Juvenile Justice Department which |
is managed by a director appointed by the governor |
pursuant to the Illinois Civil Administration Code. The Department |
Juvenile justice is responsible for all persons |
17 years old when he was sentenced and sentenced to imprisonment |
the department referred to in subsection (c) of Section 5-8-6 |
Code, Section 5-10 of the Juvenile Courts Act or Section 5-750 |
of the Juvenile Courts Act 1987. Persons under 17 years of age |
obligated according to the Ministry of Juvenile Justice |
This code must be visually and audibly separate from adults |
Offenders turned over to the Department of Corrections.
There |
shall be a juvenile division within the division that |
are managed by a deputy director appointed by the |
Governor according to the Civil Administration Code of Illinois. There |
The Deputy Director is under the direction of the |
Director. The youth department is responsible for everyone |
People involved in the ministry's youth department |
pursuant to Section 5-8-6 of this Code or Section 5-10 of the |
Juvenile Courts Act or Section 5-750 of the Juvenile Courts Act |
von 1987.
|
(c) The Ministry establishes a gang intelligence unit |
under the supervision of the director. The unit should be |
specially designed to collect information about the |
|
Inmate gang population, monitoring gang activities and |
Prevent the promotion of gang activity |
Development and implementation of deterrence measures |
gang activity. The director appoints a rapporteur |
Intelligence Coordinator.
|
All information collected and managed by the entity must |
be strictly confidential and access to this information must be strictly confidential |
restricted by the department. The information should be used |
Controlling and limiting the activities of gangs within correctional facilities |
Institutions under the jurisdiction of the IllinoisDepartment |
corrections and may be shared with other law enforcement agencies |
Agencies to curb gang activity outside |
Correctional institutions under the jurisdiction of |
department and to assist in investigations and prosecutions |
of gang activity. The department determines and announces |
Rules for disclosure of information to outsiders |
law enforcement agencies. Due to the highly sensitive nature of the |
Information, the information is excluded from requests |
Disclosure under the Freedom of Information Act as |
The information contained is strictly confidential and potentially harmful |
if disclosed.
|
The department submits a report to the general annually |
Associated Prisoner Population Profile Meeting |
with gangs, gang-related activities in the correctional facility |
Institutions within the jurisdiction of the Ministry and to |
Overall status of the device in terms of its function and |
Perfomance.
|
(Source: P.A. 90-590, valid 1-1-99; 91-912, valid 7-7-00.)
|
(730 ILCS 5/3-2-6)
(from chap. 38, para. 1003-2-6)
|
Sek. 3-2-6. advisory boards. (a) There shall be one Adult |
Advisory Board within the correctional facility
and a |
youth council consisting of 11 people, one of them |
Who shall be a senior aged 60 years or older appointed by the |
The governor advises the director on matters affecting adults |
and youthful offender respectively . The board members |
|
Suitability for their position is based on demonstrated interest |
in and knowledge of adult and juvenile correctional work and |
may not be other officials of the state. The |
Members first appointed under this 1984 Amendment Act must |
The term of office is 6 years and the appointment is immediate |
possible after the entry into force of this amending law of |
1984. The now incumbent board members graduate |
their terms of office are as appointed, after which the members are appointed |
appointed by the governor for a six-year term. Every vacancy |
occurring amounts are filled in the same way for the rest |
of the term. The head of the correctional facilities and the assistant |
directors , adult and youth section for the 2 |
Boards, are ex officio members of the committee. Any board |
elects a chairman from among its members. The |
The director acts as secretary to each board. members of |
Each executive board has to exercise its office without remuneration, but remains in existence |
the necessary expenses are reimbursed |
fulfillment of their duties. The
Every The board meets |
quarterly and at other times when convened by the Chairman. At |
The Boards of Directors may meet at the request of the Director.
|
(b) The Directors advise the Director on policy |
Affairs and programs of the department with regard to the |
Custody, care, study, discipline, training and treatment of |
Persons in the state correctional facilities and for the care |
and oversight of parolees.
|
(c) There shall be a sub-committee on women offenders |
Adult Advisory Board. The subcommittee consists of 3 people |
members of Adult Advisory Board appointed by the Chairman |
Who appoints a member as chairman of the |
subcommittee. The members of the subcommittees serve without office |
Compensation for damages, but the necessary expenses will be reimbursed |
arising from the performance of their duties. The Subcommittee |
meets at least quarterly and at other times |
the call of its chairman.
|
The subcommittee advises Adult Advisory Board and |
the director over all political affairs and programs of the |
|
Department relating to Custody, Nursing, Studies, Discipline, |
Training and treatment of women in the state correctional facility |
institutions and for the care and supervision of released women |
We speak.
|
(Quelle: P.A. 85-624.)
|
(730 ILCS 5/Ch. III Art. 2.5 new heading)
|
ARTICLE 2.5. DEPARTMENT OF YOUTH JUSTICE
|
(730 ILCS 5/3-2.5-1 new)
|
Sek. 3-2,5-1. Short title. This Article 2.5 may be cited |
as a juvenile justice department.
|
(730 ILCS 5/3-2.5-5 new)
|
Sek. 3-2,5-5. Purpose. The purpose of this article is that |
Establishment of Juvenile Justice Department to provide treatment |
and services through an extensive continuum of |
individualized educational, professional, social, emotional and |
essential life skills that enable youth to avoid delinquent future prospects |
and become productive, fulfilled citizens. The Department |
is intended to promote the legislative policy of the state |
the philosophy of balanced and restorative justice set forth in |
Section 5-101 of the Juvenile Courts Act 1987. |
This Amendment Act of the 94th General Assembly confers |
to delegate certain rights, powers, duties and functions to the department |
which were exercised by the youth section of the department |
of corrections prior to the entry into force of this Amending Act |
the 94th General Assembly.
|
(730 ILCS 5/3-2.5-10 new)
|
Sek. 3-2,5-10. The definition. As used in this article, unless |
The context otherwise requires: |
“Division” means the Division of Juvenile Justice. |
“Director” means the Director of Juvenile Justice. Any |
Reference to the "Deputy Director of the Youth Department" |
or any predecessor department or agency found in any law |
|
or deed, commencing on the effective date of this Agreement |
Amendment Act of the 94th General Assembly |
I mean the Director of Juvenile Justice.
|
(730 ILCS 5/3-2.5-15 new)
|
Sek. 3-2,5-15. Department of Juvenile Justice; assumption |
Responsibilities of the youth department. |
(a) The Department of Juvenile Justice takes over |
Rights, powers, duties and responsibilities of the young person |
Department of Corrections Department. staff, books, |
Records, Property and Unencumbered Funds |
to the Juvenile Division of the Department of Corrections |
be forwarded to the juvenile criminal justice system |
Effective Date of this Amendment Act of the 94th General |
Assembly. All rights of workers or the state pursuant |
The HR Code or other contract or plan applies |
unaffected by this transfer. |
(b) Department of Juvenile Justice staff recruited |
by the Department on or after the effective date of this Agreement |
Amendment Act of the 94th General Assembly and those attending |
or help with rehabilitation and vocational training |
Delinquent juveniles oversee related day-to-day activities |
direct and ongoing responsibility for the safety of youth, |
Welfare and development, or participate in the personal |
Rehabilitation of delinquent youth through training, support, |
and support of subordinate personnel performing these duties |
You must be over the age of 21 and have a bachelor's or advanced degree |
Graduated from an accredited college or university with a |
Specialization in criminal law, pedagogy, psychology, |
social work or a closely related social science. The |
The requirement does not apply to security, office staff and food |
Service and maintenance personnel who do not have direct and direct responsibility |
regular contact with young people. The stated completion requirements |
in this subsection (b) are not required by the persons providing them |
have professional training and have sufficient knowledge in this field |
what skills they impart. |
|
(c) Subsection (b) of this section does not apply to |
Staff transferred to the Department of Juvenile Justice |
the effective date of this Amendment Act of the 94th General |
Montage. |
(d) The department is under the direction of the |
Director of Juvenile Justice under this Code. |
(e) The director organizes departments within the |
Department and assigns roles, powers, duties, etc |
Personnel in accordance with the legal provisions. The director can create more |
Departments and can assign other functions, powers, duties, etc |
Personnel necessary or desirable for the operation |
Functions and responsibilities assigned to the department by law. |
The Director, with the approval of the Office of the |
Governor, assign and share functions, powers, duties and |
Personnel at the law enforcement agency or another state |
Agencies such as administrative services and administration |
Facilities are provided by the Department of Corrections or a |
Common Management Service Center. These administrative |
The Services include, but are not limited to, all of the following |
Functions: budgeting, accounting-related functions, invoice verification, |
Human resources, legal, procurement, training, data collection |
and analysis, information technology, internal investigations, |
Intelligence Services, Legislative Services, Emergency Response |
Capabilities, Nationwide Transportation Services and General |
office support. |
(f) The Department of Juvenile Justice may step in |
intergovernmental cooperation agreements, under which minors |
Declared criminal and handed over to the Ministry |
The juvenile justice system can participate in the district juvenile justice system |
Detention programs under Section 3-6039 of the |
county code.
|
(730 ILCS 5/3-2.5-20 new)
|
Sek. 3-2,5-20. General Powers and Obligations. |
(a) In addition to the powers, duties and responsibilities |
which are not otherwise stipulated by law or to which are transferred |
|
Department as a result of this article, the Department, as |
may be determined by the Director, but are not limited to: |
the following rights, powers, functions and obligations: |
(1) The admission of young people assigned to it by the courts |
of this state for care, custody, treatment and |
Rehabilitation. |
(2) To maintain and manage all state youth |
Correctional facilities previously under the control of |
the youth and women's and children's departments of the |
Corrections and Establishment and Maintenance Department |
Institutions as needed to meet the needs of youth |
committed to his care. |
(3) Determination of financing needs and recommendation |
and implementation of an appropriate program mix and |
Services within the juvenile justice continuum, including |
but not limited to prevention, non-residential and |
Dorm engagement programs, day treatment and |
conditional release programs and services, with which |
Support for educational, occupational, alcohol and drug abuse, |
and, where appropriate, psychiatric services. |
(4) establishment and provision of transitional and |
Post-discharge treatment programs for adolescents |
the Department. Services include, among others: |
To: |
(i) family and individual counseling and treatment |
Placement; |
(ii) Wire transfer services to another state or region |
agencies; |
(iii) psychiatric services; |
(iv) educational services; |
(v) family counseling services; And |
(vi) Drug abuse services. |
(5) To access important youth records |
Purposes of providing the necessary documentation for |
Transitional services such as applying for an ID card, |
Enrollment, employment and housing. |
|
(6) development of staffing and workload standards and |
Coordinate staff development and training accordingly |
juvenile populations. |
(7) To be developed with the permission of the Office |
Governor and the Office of the Governor and Administration |
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 |
Bodies, contracts for goods and services and enact rules as |
necessary to fulfill its functions and purposes |
in accordance with applicable state and federal law.
|
(730 ILCS 5/3-2.5-30 new)
|
Sek. 3-2,5-30. Abandoned Department and Office; |
successor agency. |
(a) The Juvenile Department of the Correctional Service |
will be abolished with the entry into force of this amending law |
the 94th General Assembly. |
(b) The tenure of the person then acting as assistant |
Director of the Youth Department of the Department of |
Corrections expire on the effective date of this change |
Act of the 94th General Assembly, and that office will be abolished |
on this date. |
(c) For the purposes of the Successor Agency Act: |
The successor is the Ministry of Juvenile Justice |
Agency of the Youth Department of the Ministry of |
Corrections.
|
(730 ILCS 5/3-2.5-35 new)
|
Sek. 3-2,5-35. Transfer of Powers. Unless otherwise stated |
Provided in this article are all rights, powers and obligations, |
and functions to which the juvenile department is entitled by law |
The correctional department is transferred to the corrections department |
Juvenile criminal law at the time this amending law came into force |
the 94th General Assembly.
|
|
(730 ILCS 5/3-2.5-40 new)
|
Sek. 3-2,5-40. personnel transfer. |
(a) Personnel employed by the school district |
Department of Correctional Services working with juveniles under the age of |
21 and staff of the youth department of the |
Department of Corrections immediately before the effective date |
are the dates of this Amendment Act of the 94th General Assembly |
Transfer to the Juvenile Criminal Justice on |
Effective Date of this Amendment Act of the 94th General |
Montage.
|
(b) The rights of civil servants, the state and its |
Agencies within the framework of the Personnel Act and the applicable collective agreement |
Collective bargaining agreements and pension plans are not affected |
This article. Any rights of government officials are affected |
The article is based on existing collective bargaining |
Agreement.
|
(730 ILCS 5/3-2.5-40.1 new)
|
Sek. 3-2,5-40,1. Education. The department designs |
training of their staff and concludes agreements with them |
the Department of Corrections or other government agencies and |
through them, if necessary, public and private universities and |
Universities or private organizations to ensure employees do so |
trained to work with and own a wide range of youth |
Skills needed for assessment, engagement, education and intervention |
adequately protect the juveniles in their care |
successful outcomes for these youth and their families |
to the mission of the department.
|
(730 ILCS 5/3-2.5-45 new)
|
Sek. 3-2,5-45. transfer of ownership. All books, records, |
Documents, property (real and personal), unissued |
Fund allocations and pending business related to the rights, |
Powers, duties and functions conferred on the Ministry of |
Juvenile justice under this article shall be transferred and |
handed over to the juvenile detention center |
|
Effective Date of this Amendment Act of the 94th General |
Montage.
|
(730 ILCS 5/3-2.5-50 new)
|
Sek. 3-2,5-50. rules and standards. |
(a) The Rules and Standards of the Youth Section of the |
Department for corrections that are in effect immediately before |
until the entry into force of this amending law of 94 |
General Assembly and concern the rights, powers, duties and |
Tasks are delegated to the Ministry of Juvenile Justice |
according to this article, the rules and standards of |
Department of Juvenile Justice as of the Effective Date |
Amendment Act of the 94th General Assembly and remains in force |
in force until amended or rescinded by the Department. |
(b) Any rules relating to the rights, powers, duties, etc |
Functions conferred on the department pursuant to this article that |
were suggested by the youth section of the department |
however, the corrections are not yet effective or final |
be adopted immediately before the date of entry into force of this Regulation |
Amendment Law of the 94th General Assembly is amended |
Proposed Rules by the Department of Juvenile Justice on |
Effective Date of this Amendment Act of the 94th General |
Assembly and any rule-making processes that have already taken place |
completed by the juvenile section of the Department of |
Corrections to these proposed rules do not need to be redone. |
(c) As soon as practicable, after the effective date of this Agreement |
Amendment Act of the 94th General Assembly, Department of |
The juvenile courts are revising and specifying the transferred rules |
added according to this article to reflect the reorganization of |
Rights, powers, duties and functions arising from this article |
Using available procedures to recode rules |
under the Illinois Administrative Procedure Act, except as provided |
Existing title, part, and section numbering for the affected document |
Rules can be maintained. The ministry can make and accept proposals |
under the Illinois Administrative Procedure Act like others |
Rules that may be needed to consolidate and clarify the Rules |
|
of the agency reorganized by this article.
|
(730 ILCS 5/3-2.5-60 new)
|
Sek. 3-2,5-60. Savings Provisions. |
(a) The delegated rights, powers, duties and functions |
to the Ministry of Juvenile Justice through this article |
conferred and exercised by the department subject to it |
provisions of this article. An act of the department for at |
Official, employee or representative of the department in the exercise |
the transferred rights, powers, duties or functions |
have the same legal effect as if made by the juvenile department |
the law enforcement agency or an officer, employee or |
Representative of the youth department of the Ministry of |
Corrections. |
(b) The transfer of rights, powers, duties and functions |
to the Ministry of Juvenile Justice under this Article |
shall not invalidate any prior action taken by or in relation to |
the juvenile section of the Department of Corrections or their |
officials, employees or agents. References to the youth |
Department of Correctional Services or their officials, |
Employees or representatives in documents, contracts, agreements, etc |
In appropriate contexts, the law applies as a reference to the |
department or its officers, employees or agents. |
(c) The transfer of rights, powers, duties and functions |
to the Ministry of Juvenile Justice under this Article |
do not prejudice the rights, duties or obligations of any person, |
including any civil or criminal penalties applicable thereto, |
resulting from the transferred rights, powers, obligations, etc |
functions. |
(d) In relation to matters involving a right, power, |
Duty or function delegated to youth department |
Justice according to this article: |
(1) From the effective date of this amendment |
Act of the 94th General Assembly, a report or notice thereof |
had to be made or given beforehand by someone |
to the Juvenile Department of the Correctional Services |
|
or any of its officers, employees or agents |
or handed over to the department or its department in the same way |
relevant official, employee or representative. |
(2) From the effective date of this amendment |
Act of the 94th General Assembly, a document that was |
that previously had to be provided or serviced by someone |
to or to the juvenile division of the Department of |
Corrections or any of its officers, employees or agents |
will be sent or served in the same manner to or by the same means |
the Ministry of Juvenile Justice or its competent authority |
official, employee or agent.
|
(e) This Article shall not affect any implemented, ratified or |
nullified, any right that arises or is created, or any action or |
The procedure was initiated in an administrative, civil or civil procedure |
committed a criminal offense prior to the entry into force of this Amending Act |
the 94th General Assembly. Any such action or course of action |
relating to a delegated right, power, duty or function |
to the Ministry of Juvenile Justice under this Article and |
the case pending at that time may be prosecuted, defended or |
Continued by the Ministry of Juvenile Justice.
|
(730 ILCS 5/3-2.5-65 new)
|
Sek. 3-2,5-65. youth advisory board |
(a) A Youth Advisory Board shall be established, composed of the following persons: |
11 people appointed by the governor to advise the director |
Matters affecting juvenile delinquents. The members of |
The Board of Directors must be demonstrably qualified for their position |
Interest in and knowledge of youth prison work |
consistent with the definition of purpose and mission of |
Department in Section 3-2.5-5 and shall not be officials of |
Specify in another property. The members according to this change |
The law of the 94th General Assembly will be promulgated as soon as possible |
possible after the entry into force of this amending law |
94th General Assembly and are appointed for staggered terms 3 |
each expiring in the years 2007, 2008 and 2009 and 2 of the members |
The term of office ends in 2010. After that, all members are active for one term |
|
The term of office is 6 years, with the exception that the members remain in office |
until the appointment of their successors. Every vacancy |
is filled out in the same way for the rest of the year |
Expression. The Director of Juvenile Justice is ex officio |
board member. The board of directors elects a chairman from among its members |
its appointed members. The director acts as secretary |
The whiteboard. The members of the board of directors work without office |
Compensation for damages, but expenses must be reimbursed |
arising from the performance of their duties. The board should |
Meets quarterly and at other times at the invitation of the Chair. |
(b) The Board shall: |
(1) Advise the Director on political matters and |
Departmental Custody Programs, |
Care, study, discipline, training and treatment of |
Juveniles in the state juvenile detention centers |
and for the care and supervision of released youth |
Parole.
|
(2) Established with the Director and in collaboration |
with the Office of the Governor outcome measurements for the |
department to ensure that it is successful |
Fulfillment of the mission prescribed in section 3-2.5-5 of this document |
Code. The annual results of the work of the department as |
The measures defined by these measures are approved by the Management Board |
and will be included in an annual report submitted to |
the governor and the general assembly jointly by the director |
and the board.
|
(730 ILCS 5/3-3-3)
(from chap. 38, para. 1003-3-3)
|
Sek. 3-3-3. entitled to parole or release.
|
(a) Except for those offenders who accept parole |
Date set by the Prisoner Review Board as per Section |
3-3-2.1, any person serving a custodial sentence pursuant to |
Law in force prior to the effective date of this amendment |
Under the 1977 Act, he is eligible for parole if he:
|
(1) the minimum duration of an indefinite sentence less |
Time credit for good behavior or 20 years less time credit |
|
for good behavior, whichever is lower; or
|
(2) 20 years life imprisonment less time credit |
good behavior; or
|
(3) 20 years or one-third of a specified term of imprisonment, |
Whichever is lower, less time spent on good behavior will be remunerated.
|
(b) No person convicted under this Amendment Act 1977 |
or who accepts a publication date in accordance with Section 3-3-2.1 |
entitled to parole.
|
(c) Except for those sentenced to life imprisonment |
imprisonment, any person sentenced to imprisonment |
this Amendment Act 1977 or with a publication date |
Section 3-3-2.1 of this Act applies throughout the term of office of a |
Certain set less time credit for good behavior and |
are then released as part of mandatory attended release |
Provisions of paragraph (d) of Section 5-8-1 of this Code.
|
(d) No person serving a natural sentence of imprisonment for life |
may be paroled or released unless approved by management for clemency.
|
(e) Any person who undertakes to do so Youth Department |
justice
youth department under sections 5-10 of the Youth Act |
Courts Act or Section 5-750 of the JuvenileCourt Act 1987 or |
Section 5-8-6 of this Code and limited to the State |
Correctional institutions or institutions if this juvenile has done so |
Anyone who has not been tried as an adult can be released without parole |
taking into account the length of time the person has been detained |
whether the person has served a prescribed minimum sentence. |
However, if a juvenile has been tried as an adult, he may only do so |
Eligible for parole or forced release under supervision |
Adult under this Section.
|
(Quelle: P.A. 90-590, eff. 1-1-99.)
|
(730 ILCS 5/3-3-4)
(from chap. 38, para. 1003-3-4)
|
Sek. 3-3-4. Preparing for the parole hearing.
|
(a) The Prisoner Review Board shall review parole |
Each eligible person commits to at least the adult section |
30 days prior to the date on which it first becomes eligible |
Probation and takes into account the probation of each person committed |
|
for the Juvenile Justice Department
youth department As a |
at least 30 days before the deadline |
first year of imprisonment.
|
(b) A person who is entitled to parole must in advance |
Parole Hearing: Prepare a parole plan according to the |
Rules of the Prisoner Review Board. The person should be |
was assisted in preparing his probation plan by staff at the |
Department penal institution or the juvenile detention center |
justice in the case of a person committed to this department, |
and can be released on vacation for this purpose |
Article 11 or in the case of authorized absences in accordance with Section 3-9-4. The |
suitable The department also provides assistance |
Obtaining information and records helpful to the individual |
his parole hearing.
|
(c) The members of the board of directors must always be granted access |
reasonable terms to each committed person and their Lord |
Record file within the department, and the department must |
submit the reports requested by the board of directors |
about the conduct and character of such a person.
|
(d) In deciding on parole, the board must do the following: |
hold:
|
(1) Material Submitted to Department by youngsters |
justice by the Clerk of the Court of competent jurisdiction pursuant to Section |
5-4-1 or Section 5-10 of the Juvenile Courts Act or Section |
5-750 of the Juvenile Court Act 1987;
|
(2) the report referred to in Section 3-8-2 or 3-10-2;
|
(3) a report from the Department and any report from the |
Chief Administrative Officer of the institution or |
Furnishings;
|
(4) a probation progress report;
|
(5) a medical and psychological report, if requested |
The whiteboard;
|
(6) material in written form or on film, videotape or |
transmitted by other electronic means in the form of a recording |
by the person being considered for parole; And
|
(7) material in written form or on film, videotape or |
|
other electronic means in the form of a record or |
Statement of the prosecutor and the victim |
under the Crime Victims and Witnesses Rights Act.
|
(e) The public prosecutor's office of the accusing State shall |
receive reasonable written notice at least 15 days in advance |
to the parole hearing and may submit relevant information |
in writing or on film, videotape or other electronic media or in |
in the form of a record to the Executive Board for review. The |
The public prosecutor may waive the written notification.
|
(f) The victim of the violent crime for which the prisoner is responsible |
was convicted receives notice of a parole hearing |
pursuant to paragraph (4) of subsection (d) of Section 4.5 of |
the Law on the Rights of Victims and Witnesses of Crime.
|
(g) Any record considered under the terms of |
Subsection (d)(6),(d)(7) or (e) of this section must be included |
the form determined by the Board of Directors. This record must be both |
visually and acoustically. Every voice on the record and person |
are present must be identified and the record must contain |
either a visual or audible statement from the submitter |
such recording, the date of recording and the name of the |
Person whose eligibility for parole is being considered. Such |
Records, if kept by the board, are considered as such |
be presented at a later parole hearing if the victim or |
The prosecutor makes a clear statement in writing |
Identification of such a recording as representing the present |
Victim's or prosecutor's point of view on the matter |
to be considered at the parole hearing.
|
(Quelle: P.A. 92-651, Booth 7.11.02.)
|
(730 ILCS 5/3-3-5)
(from chap. 38, para. 1003-3-5)
|
Sek. 3-3-5. listening and determination.
|
(a) The Prisoner Review Board meets as often as necessary |
requires to consider the cases of persons entitled to parole. |
Except as otherwise provided in paragraph (2) of subsection (a). |
of Section 3-3-2 of this Act, the Prisoner Review Board |
Meet and organize its actions in committees of 3 or more members. The |
|
The decision of the majority of the panel is the decision of the |
Board. With consideration for the committed people Department |
of juvenile justice
youth department 'The board must have |
At least the majority of the members had experience in youth affairs.
|
(b) When the person being considered for parole is in the |
Custody of the department is held by at least one board member |
will interview him and a report will be made of that interview |
available for review by the Board of Directors. However in the |
At the discretion of the Board, the interview need not be conducted if |
A psychiatric evaluation determines that the person could not |
make a meaningful contribution to the deliberations of the committee. The |
The board, in its sole discretion, may parole a person who is then found out |
the jurisdiction on his record without an interview. The whiteboard |
There is no requirement to hold a hearing or question a person who has been paroled |
pursuant to paragraphs (d) or (e) of this Section or published on |
Mandatory release according to Section 3-3-10.
|
(c) The Board shall not parole any person who is entitled to parole |
if it is determined that:
|
(1) There is a significant risk that he will not |
comply with appropriate parole conditions; or
|
(2) His release at this point would repudiate that |
seriousness of his offense or promoting disrespect towards him |
Law; or
|
(3) His release would have serious disadvantages |
Implications for institutional discipline.
|
(d) A person convicted under the Juvenile Courts Act |
Juvenile Courts Act 1987 which was not released earlier |
scheduled for parole on or before his 20th birthday |
are serving a period of probation under Section 3-3-8.
|
(e) A person who has served the maximum term of office |
imprisonment sentence imposed at the time of the verdict minus time credit |
released on probation for a period of time for good behavior |
of probation under Section 5-8-1.
|
(f) The Board makes its decision within reasonable limits |
time after the hearing and gives the basis for doing so |
the records of the board of directors and in writing notification to the person on |
|
on whose application it decided. In its decision, the board decides |
sets the period for the person's parole or refuses parole |
it must be repeated at least once |
each year, except that the Board, after refusal of parole, |
Schedule a rehearsal no later than 3 years from the date of |
A suspended sentence if the board determines that this is not appropriate |
Expect parole to occur at a pre-trial hearing |
scheduled rehearsal date. If the board is to release a person on parole, |
and if not dismissed within 90 days of the effective date |
After the date of the parole order, the matter is remanded |
submitted to the Board of Directors for review.
|
(g) The Board shall keep a register of decisions in |
what parole was granted, including name and |
Prisoner case number, the highest charge for which the |
The prisoner was sentenced to the length of the sentence imposed |
Date of the verdict, the date of probation, the basis for the |
Board decision to grant parole and board vote |
about such decisions. The register is made available |
public inspection and reproduction permitted during business hours |
be a public record under the terms of liberty from |
information law.
|
(h) The Board shall issue rules for exercise |
at its sole discretion in accordance with this section.
|
(Quelle: P.A. 91-798, Stand 7.9.00; 91-946, Stand 2.9.01.)
|
(730 ILCS 5/3-3-9)
(from chap. 38, para. 1003-3-9)
|
Sek. 3-3-9. violations; changes to the Terms; provisionally |
Hear; revocation of probation or mandatory supervised release; |
revocation negotiation.
|
(a) If before the expiry or termination of the Term of |
Probation or compulsory release under supervision, a person violates a |
condition set by the Prisoner Review Board or a condition of |
Probation, mandatory supervised release under Section 3-3-7 of |
This Code governs that term of office. The board can:
|
(1) continue the existing term of office, with or without |
Changing or expanding the Terms; or
|
|
(2) the person is paroled or placed in a transitional institution; |
or
|
(3) revoke parole or mandatory supervised release |
and re-constrain the person for one in the calculated term |
the following way:
|
(i) (A) For those convicted under applicable law |
prior to this 1977 Amendment Act, the renewed obligation |
applies to any part of the imposed maximum duration of |
Imprisonment or imprisonment that had not been served |
at the time of probation and the period of probation, less the |
Time elapsed between the person's parole and the person |
Committing the offense for which probation was provided |
withdraw;
|
(B) Except as set forth in paragraph (C). |
subject to mandatory proctored release |
Paragraph (d) of Section 5-8-1 of this Code, the |
Rebindings are mandatory for the total amount |
monitored release period, less than the elapsed time in between |
the release of the person and the commissioning of the |
Violation for which supervised release is mandatory |
withdraw. The board can also order a prisoner to serve |
up to one year of the sentence imposed by the court |
which was not served due to the accumulation of goods |
make loans;
|
(C) For persons subject to the supervision of sex offenders |
pursuant to clause (d)(4) of Section 5-8-1 of this Code, the |
Statute of Limitations for Violating Section (a)(3) |
to (b-1)(15) of Section 3-3-7 shall not exceed 2 |
years from the date of reinstatement.
|
(ii) credit is granted to the individual |
Duration of re-arrest or re-arrest for time spent |
in prison since being paroled or released, which is the case |
not counted towards any other penalty or period |
Captivity;
|
(iii) persons convicted in juvenile court |
Act or the Juvenile Courts Act 1987 apply |
|
recommitted until age 21;
|
(iv) This section is subject to release pursuant to |
Supervision and the rules on parole and parole |
from Section 3-3-10.
|
(b) The Board may revoke probation or compulsory supervision |
Release for Breach of a Condition for the Duration of |
Term and for any additional period reasonably required |
for deciding on matters that arose prior to its expiration. |
The issuance of an arrest warrant for an alleged violation of |
the conditions of probation or mandatory supervised release apply |
The deadline runs until the final decision |
the charge, but where probation or mandatory supervised release is provided for |
If this period is not revoked, it will count towards the term.
|
(b-5) The Board revokes probation or mandatory supervision |
Indemnification for breach of the conditions set out in paragraph |
(7.6) of subsection (a) of Section 3-3-7. |
(c) A person charged with violating a probation condition |
Mandatory supervised release must be provisional |
Hearing before a hearing officer appointed by the Executive Board |
Determine if there is reason to hold the person for a retraction |
Hearing. However, no preliminary hearing needs to take place |
The revocation is based on new criminal charges and a court decision |
probable reason for the new criminal charges or if the |
The revocation is based on a new criminal conviction and a |
A certified copy of this conviction is available.
|
(d) Probation or forced release under supervision is not possible |
revoked without written notification to the perpetrator |
violating probation or mandatory supervised release is charged |
against him.
|
(e) A revocation hearing will be held before at |
at least one member of the Prisoner Review Board. The board can |
Meet and organize your actions in committees of 3 or more members |
The decision of the majority of the panel is the decision of the |
Plank. With consideration for the committed people Department |
of juvenile justice
youth department , the member hears the |
Matter and at least the majority of the panel must be |
|
Juvenile Justice Experience. A record of the hearing is to be prepared |
be made. At the hearing, the offender is permitted:
|
(1) appear and answer the charge; And
|
(2) bring witnesses on his behalf.
|
(f) The Board revokes either the probation or the compulsory parole |
supervised release or order the continuation of the person's sentence |
without changing or expanding the terms.
|
(g) Probation or compulsory release under supervision is not possible |
revoked for non-payment under the terms of |
Parole or Parole unless the Board determines such a violation has occurred |
The reason for this is the intentional refusal to pay by the perpetrator.
|
(Source: P.A. 94-161, effective 11/7/2005; 94-165, effective 11/7/2005; |
revised on 08/19/05.)
|
(730 ILCS 5/3-4-3)
(from chap. 38, para. 1003-4-3) |
Sek. 3-4-3. Funds and property of committed individuals.
|
(a) The Department for corrections and the department for |
juvenile criminal law creates accounting documents |
Accounts for each person who has or receives money during their stay |
institution or establishment of The
Die department and it should |
enable the person to withdraw and withdraw money |
according to the rules and regulations of The
Die Department. Any |
Interest or other income from funds deposited with the bank |
Department of a resident of Juvenile Justice Department
|
youth department more than 200 US dollars are said to flow to it |
credited to an individual's account or in the form of credit up to $200 |
the Resident Assistance Fund. For an individual in one |
Institution or establishment of the adult department the interest |
accrue to the residents' provident fund. The Department |
pays out all monies so held to the person at the latest |
final dismissal from the department. Funds in the account of a |
dedicated person filing a lawsuit deemed frivolous |
Article XXII of the Code of Civil Procedure is deducted |
pay the filing fees and costs of the suit as provided in |
this article. The department is governed by the rules and regulations |
Record and receipt for any personal property that is not permitted |
|
dedicated people. The Ministry returns this property |
of the person at the latest upon their release on probation.
|
(b) Any money held in accounts held by engaged persons |
by death, dismissal or. separated from the department |
unauthorized absence and non-use for a period of 1 year |
thereafter by the person or their legal representative |
forwarded to the State Treasurer, who deposits it |
the General Revenue Fund. Articles of personal property of |
Individuals separated in this way may be sold or used by the department if |
not used for the same purpose for a period of 1 year. |
If clothes are not collected within 30 days, they can be used or discarded |
as determined by the department.
|
(c) Forty percent of the sales profit from the commissioner |
The shops are expended by the special offer department |
in favor of committed people who include but should not be |
limited to increasing inmate paychecks for the special |
for the benefit of employees, as well as for promotion or reimbursement |
of employee trips, insofar as amounts are spent on them |
Employees may not exceed the profits made |
Sales to employees by such commissioners as determined by |
the Department. The rest of the profits from sales from |
Commissioners must first be used to pay wages and salaries |
Benefits for employees who are subject to a collective agreement |
Agreement employed in commissary facilities of |
Department and then to pay the cost of the nutritional staff.
|
(d) The Ministry confiscates all unauthorized persons |
Currency found owned by a dedicated person. The |
The ministry forwards the confiscated currency to the state |
Treasurer who pays it into the General Revenue Fund.
|
(Quelle: P.A. 93-607, Stand 1.1.04.)
|
(730 ILCS 5/3-5-1)
(from chap. 38, para. 1003-5-1)
|
Sek. 3-5-1. master record file.
|
(a) The Department for corrections and the department for |
juvenile criminal law must maintain a master data file for each |
Person committed to it, which must include the following |
|
Information:
|
(1) any information of the competent court;
|
(2) Receive Summary;
|
(3) evaluation and assignment reports and |
Recommendations;
|
(4) reports on program assignment and progress;
|
(5) reports of disciplinary violations and |
Arrangement;
|
(6) any probation plans;
|
(7) any discharge reports;
|
(8) date and circumstances of final discharge; And |
all other relevant personal data |
Background, behavior, associations and family relationships |
as may be required respective Department. a current |
A summary index must be maintained for each file |
This includes the person's known active and past status |
Affiliations and Ranks.
|
(b) All files are confidential and access is confidential |
restricted to authorized personnel respective Department. |
Personnel from other correctional, social or law enforcement agencies |
Authorities may have access to files due to rules and regulations |
of the respective Department. The respective department should |
Keep records of all external collaborators who have access to it |
files, the checked files, copied file material and the |
purpose of access. If the respective department or the prisoner |
The Audit Panel will make a decision pursuant to this Code that |
affects the duration of accommodation or accommodation, |
the engaged person and their legal counsel are to be notified |
factual information on which the respective department or |
The board should make the decision provided the department |
or the board is not obliged to advise an obligated person |
Die Juvenile Justice Department
youth department any such |
Information according to the department by youngsters |
justice or board would adversely affect his treatment or |
Rehabilitation.
|
(c) The master file must be kept in one place |
|
convenient for use by the staff of the respective Department |
Responsible for the person. If there is custody of one person |
be transferred from the department to another department or |
A summary of the file will be forwarded to the agency |
receiving authority with such other information required by law or |
requested by the Agency in accordance with the rules and regulations of the |
respective Department.
|
(d) The master record of a person no longer in the care of |
Die respective The department is set to inactive status |
and its use is subject to the Rules and restricted |
Department regulations.
|
(e) All public bodies can provide this |
respective Department on request all factual data no different |
privileged by law in their possession |
Individuals interested in the respective Department.
|
(Source: P.A. 89-688, valid 6-1-97; 89-689, valid 12-31-96.)
|
(730 ILCS 5/3-5-3.1)
(from chap. 38, para. 1003-5-3.1)
|
Sek. 3-5-3.1. As used in this section, “setup” includes the following: |
any facility of the adult department and any establishment of |
youth department the law enforcement agency and all |
Establishment of the Ministry of Juvenile Justice .
|
The corrections department and the department for |
juvenile criminal law should every , to January 1st, April 1st, July |
Submit to the General on October 1st and 1st of each year |
Gather a report to include the following |
Information reflecting the period that ended fifteen days earlier |
The submission of the report: 1) the total number of inhabitants |
Department facilities with information on the number of inhabitants |
each listed facility; 2) a classification of each facility |
Residents by the type of crime committed by each resident |
was committed to the department; 3) the number of residents in |
Specification of the maximum, medium and minimum safety devices |
the classification of the occupants of each establishment according to Art |
the crime for which each resident was committed |
Department; 4) the educational and professional programs |
|
Information provided in each facility and the number of residents |
participation in any such program; 5) the current capacity |
levels in each facility; 6) the projected capacity of each |
Facility six months and one year after each reporting date; |
7) the ratio of the security forces to the respective residents |
Furnishings; 8) the ratio of the total number of employees to the respective inhabitants |
Furnishings; 9) the number of residents in each facility |
unicellular and the number in every facility that exists |
double celled; 10) Information on the distribution of |
residents in each facility by the allocated floor space |
residents; 11) A status of all currently funded capital projects |
by the department, location of each capital project, the |
scheduled online appointments for each capital project, including |
move-in dates and full occupancy dates; 12) the projected |
adult prison and youth department facility populations In |
Respect for the Department of Corrections and the proposed ones |
Youth facility population in relation to the Ministry of |
juvenile criminal law for each of the following twelve months |
after each balance sheet date, stating all assumptions |
built into such population estimates; 13) the planned exits |
and scheduled admissions at each facility for each of the |
twelve months after each reporting date, |
Statement of any assumptions built into such a population |
treasure; and 14) the locations of all department operated or |
contractually operated municipal correctional facilities, |
including the respective capacity and population |
Furnishings.
|
(Quelle: P.A. 85-252.)
|
(730 ILCS 5/3-6-2)
(from chap. 38, para. 1003-6-2) |
Sek. 3-6-2. Institutions and Facility Management.
|
(a) Each institution and facility of the department must |
administered by a Chief Administrative Officer appointed by |
the director. A chief administrator shall be |
Responsible for all persons assigned to the facility |
Furnishings. Administration is the responsibility of the Chief Administrative Officer |
|
the department's programs for the care and treatment of |
such persons.
|
(b) The Chief Administrator must have one |
Assistants that the department can assign.
|
(c) The Director or Deputy Director has that |
Emergency powers to temporarily transfer people without exception |
formal procedures for each state, county, municipality or region |
correctional or detention facility or establishment in the state, |
subject to the acceptance of this receiving institution or |
establishment or designation of a reasonably safe place in the |
Identify the state as such an institution or body and make transfers |
in addition. However, transfers made under emergency powers apply |
shall and must be reviewed as soon as possible in accordance with Article 8 |
are subject to Section 5-905 of the Juvenile Courts Act 1987. |
This section does not apply to transfers to the Ministry of |
Human services provided pursuant to Section 3-8-5 or |
Section 3-10-5.
|
(d) The Department provides educational programs for |
all committed people, so that everyone has a chance |
to achieve the level of achievement commensurate with the completion of |
the twelfth grade in that state's public school system. |
Other higher levels of achievement are encouraged and |
Professional teaching must be maintained everywhere |
possible. The ministry can set up compulsory programmes |
Education and can set rules and regulations for that |
management of such programs. A person committed to it |
Department during the time of their imprisonment |
participates in an educational program provided by or through |
The department and through this program that is awarded or earned |
Number of credit hours required to award one |
Associate, Baccalaureate or higher degree from a community |
College, college or university located in Illinois |
reimburse the state through the ministry for the costs |
incurred by the State through the maintenance of that person in the course of his or her activity |
their incarceration with the education that qualifies him or her |
for the award of this degree. The costs for which reimbursement is made |
|
required under this subsection shall be determined and |
calculated by the department according to the rules and regulations that are |
is set up for this purpose. However, interest at interest rate |
An amount of 6% per annum will be charged on the balance of these costs |
remain unpaid from time to time, from the date of |
Probation of a person, mandatory release under supervision, or release |
This constitutes a final termination of his obligation |
the department until payment. |
(d-5) A person obliged to the department is entitled to it |
confidential testing for human immunodeficiency infection |
Virus (HIV) and for advice related to such testing, |
without additional payment to the obligated person. A person who is committed |
the department that tested positive for HIV infection |
is entitled to medical care during detention, counseling and |
References to support services positive in this regard |
test result. The implementation of this subsection (d-5) is subject to reservation |
for appropriation.
|
(e) A person who is committed to and works for the department |
He needs medical or surgical treatment but is unable to do so |
Those who give their consent must receive such medical or surgical treatment |
Treatment by the main administrative officer who consents to this |
on behalf of the person. In front of the chief administrator |
if he or she agrees, he or she must seek the advice of one or more |
Doctors licensed to practice medicine in all branches in |
this state. If this doctor or these doctors advise:
|
(1) immediate medical or surgical treatment |
required in relation to a condition that threatens to cause |
Death, damage or impairment of bodily functions or |
Distortion; And
|
(2) that the person does not have the capacity to consent |
Such treatment may be granted by the Chief Administrative Officer |
Consent to such medical or surgical treatment, etc |
Consent is the consent of the person |
all purposes including but not limited to authority |
a doctor who performs such treatment. |
(e-5) When a doctor provides medical care to an obligated party |
|
A person on behalf of the department advises the boss |
Administrative official that the mental or intellectual disability of the engaged person is present |
Physical health has deteriorated as a result of smoking cessation |
the ingestion of food or liquids to the point where medical or medical intervention is required |
Surgical treatment is required to prevent death, harm, or |
Impaired body functions, the main administrator |
The 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 facility or facility, |
the person may be removed therefrom under prescribed conditions |
through the department. The department needs the approval |
Person seeking medical or dental services in a non-emergency situation |
This is based on paying a co-payment of $2 to the department for each visit |
for medical or dental services. The amount of each co-payment |
will be deducted from the individual of the engaged person |
account.A dedicated person who has a chronic illness, like |
defined by the rules and regulations of the department are exempt |
from the co-payment of $2 for the treatment of the chronic illness. A |
There is no $2 co-payment required for dedicated individuals |
Follow-up examinations ordered by a doctor employed by us, or |
Contracts with the department. A dedicated person it is |
Needy people are exempt from and eligible for the $2 co-payment |
receive medical or dental benefits on the same basis as a |
committed person who can afford it financially |
additional payment. Notwithstanding any other provisions herein |
Subsection (f) on the contrary: any person committed to anything |
Plant operated by the Juvenile Justice Department
|
youth department , as set forth in Subsection (b) of Section |
3-2,5-15
3-2-5 this code is exempt from co-payment |
Requirement for the duration of accommodation in these |
facilities.
|
(g) Any person who then has sole custody of a child |
engagement or any woman who gives birth to a child after her |
Engagement, can be arranged through the Child Care Department |
Family service for adequate placement of the child outside |
the correctional facility. The director of the department |
|
The rectification committee may determine that there are special reasons for this |
The child should remain in the care of the mother until then |
The child is 6 years old.
|
(h) The department can take on family responsibilities |
Services, which may include but are not limited to: |
the following:
|
(1) family counseling;
|
(2) parent support group;
|
(3) parenting skills training;
|
(4) Parent-Child Overnight Program;
|
(5) Advice on parent-child reunification |
individually or together, prior to the prisoner's release; |
And
|
(6) a pre-reunification staffing including the |
family attorney, the inmate and the child's counselor, or |
both and the occupant.
|
(i) Prior to the release of an inmate who has a documented sentence |
History of and post-injection drug use |
The department must obtain the inmate's written informed consent |
ensure that such inmates are tested for infection with humans |
Immunodeficiency virus (HIV) and all others identified |
causative agent of acquired immune deficiency syndrome (AIDS). |
The examination provided for in this subsection consists of a |
Enzyme-Linked Immunosorbent Assay (ELISA) or similar test |
Test as approved by the Illinois Department of Public |
Health. If the test result is positive, the Western blot assay is performed |
A confirmatory test or a more reliable one is performed. All |
Detainees will be tested in accordance with the provisions of this regulation |
The subsection must have a pre-test and a post-test |
Advice. Notwithstanding the provisions of this subsection |
on the contrary, the Ministry is not obliged to do so |
Conduct the tests and consultations required in this subsection |
unless funds are sufficient to cover all costs of such testing |
For this purpose, the consultation is taken up by the general |
Montage.
|
(j) Any person convicted of a sex offense as defined |
|
The Sex Offenders Board Act is to be preserved |
an assessment of the sex offender prior to release into the community |
from the Correctional Office. Assessing sex offenders |
must be carried out in accordance with the standards and |
Policies developed by the Sex Offender Management Board |
law and by an expert approved by the board.
|
(k) Any minor who is committed to the Department of youthful |
justice
Corrections youth department for a sex offense |
defined by the Sex Offender Management Board Act |
obliged to undergo sex offender treatment |
Vendor board approved and conducted compliantly |
with the Sex Offender Management BoardAct. |
(l) Prior to the release of an inmate, the Department |
Provide the inmate with an opportunity to be tested for infection |
with the human immunodeficiency virus (HIV) and counseling |
in connection with such testing, without additional payment for it |
check. At the same time, the department requires one in each case |
Ask the inmate to sign a form stating the inmate has been notified |
informed of their rights in relation to the required tests |
offered and made available to the occupant in accordance with this subsection (l). |
an opportunity to show that he or she wants to be |
has been tested or that he or she does not wish to be tested. The |
Department, in consultation with the Department of Public Affairs |
Health, will dictate the content of the form. The exam |
The measures provided for in this subsection (l) consist of a |
Enzyme immunoassay (ELISA) or other test |
Test approved by the Ministry of Health. If the test |
Result is positive, Western blot assay or more reliable |
A confirmation test will be carried out. |
Prior to the release of an inmate known to the department |
tested positive for HIV infection, the department said |
A transition case is offered to the occupant in good time |
Management, including referrals to other support services.
|
The implementation of this subsection (l) is subject to |
Appropriation. |
(Source: P.A. 93-616, valid 1-1-04; 93-928, valid 1-1-05; 94-629, |
|
eff. 01.01.06.)
|
(730 ILCS 5/Ch. III Art. 9 heading) |
ARTICLE 9. PROGRAMS OF DEPARTMENT OF YOUTH JUSTICE
|
YOUTH DIVISION
|
(730 ILCS 5/3-9-1)
(from chap. 38, para. 1003-9-1)
|
Sek. 3-9-1. educational programs. |
(a) The Department of Juvenile Justice, subject to change |
Use of funds and in cooperation with other government agencies |
who work with children should establish programming that |
The components include, among others: |
(1) Case Management Services. |
(2) Treatment modalities, including substance abuse |
treatment services, psychiatric services and |
Developmental Disability Services. |
(3) Pre-vocational education and vocational training |
Services. |
(4) Diagnostic Evaluation Services/Medical Screening. |
(5) Educational Services. |
(6) self-sufficiency planning. |
(7) Independent living skills. |
(8) parenting skills. |
(9) leisure and leisure activities. |
(10) Program Evaluation. |
(11) Medical Services.
|
(B)
(A) Any institution or facility in which persons are housed |
at the age when school is compulsory |
establish an educational program to provide this to these individuals |
Opportunity to attend primary and secondary school |
Education equivalent to completing the twelfth grade |
the public school systems of that state; and for promotion |
The support of the local public school is used |
counties and state agencies in established curricula and |
occupation of such a program.
|
(C)
(B) All institutions or facilities that house people do not |
|
subject to compulsory schooling |
Programs and training to enable such individuals |
earn a primary and secondary school diploma |
until the end of the twelfth grade in public school |
systems of this state; and to promote e.g |
Institutions or facilities can take advantage of on-site support |
public school districts and state agencies in creating |
Curriculum and staffing of the program.
|
(D)
(C) The department for juvenile criminal law
corrections |
should develop and establish a program to reduce suicide overall |
Institutions or establishments in which committed people are located |
Juvenile Justice Department
youth department . The program |
should be designed to improve one's ability to cope with life and one's own self |
Valuing juvenile delinquents and reducing their propensity |
commit self-destructive acts.
|
(Quelle: P.A. 85-736.)
|
(730 ILCS 5/3-9-2)
(from chap. 38, para. 1003-9-2)
|
Sek. 3-9-2. work training programs.
|
(a) Die Juvenile Justice Department
youth department , |
set up and offer in cooperation with the private sector |
Work training to develop work habits and equip people |
is committed to this with marketable skills to support them in this |
Community placement upon release. committed people |
Participation in this program will receive a salary similar to |
those of comparable jobs in the surrounding community. A |
Part of the wages earned should go to them Department for |
juvenile criminal law
youth department pay part of the promised amount |
For the board and lodging of a person, a part has to be paid into the |
Violent Crime Victim Support Fund to support victims |
offense and the remainder deposited into a savings account |
for the obligee to be given to the obligee |
person at discharge. The department issues rules for |
regulate the distribution of wages earned.
|
(b) Die Juvenile Justice Department
youth department |
can set up performance incentive programs, |
|
Participation is on a voluntary basis, for sale |
distribute goods or services to the public with the net proceeds |
Distribution to program participants is subject to the rules of |
Department of juvenile justice .
|
(Quelle: P.A. 87-199.)
|
(730 ILCS 5/3-9-3)
(from chap. 38, para. 1003-9-3)
|
Sek. 3-9-3. DayRelease.
|
(a) The Department of juvenile justice can introduce tag |
Sharing programs for people dedicated to it Department for |
juvenile criminal law
youth department and sets rules |
and regulations for it.
|
(b) The Department of juvenile justice can be arranged with |
local schools, public or private agencies or licensed individuals |
by the department for the release of persons who are obliged to do so |
Juvenile Justice Department
youth department in one day |
Basis for the custody of such schools, agencies or persons for |
Participation in programs or activities.
|
(Quelle: P.A. 77-2097.)
|
(730 ILCS 5/3-9-4)
(from chap. 38, para. 1003-9-4)
|
Sek. 3-9-4. Authorized Absence.
|
The Department of juvenile justice can push the boundaries |
the place of captivity of a person bound to it |
Juvenile Justice Department
youth department so he can |
leave this place with authorized absence. Like that or not |
The boss decides which person should be accompanied |
administrative officer of the institution or body |
to whom such an authorized absence is granted. An authorized absence |
may be granted for a period specified by the authority |
Department of juvenile justice and any purpose authorized by the |
Department of juvenile justice .
|
(Quelle: P.A. 77-2097.)
|
(730 ILCS 5/3-9-5)
(from chap. 38, para. 1003-9-5)
|
Sek. 3-9-5. minimum standards.
|
|
The minimum standards set out in Article 7 apply to everyone |
Institutions and bodies under the authority of |
Juvenile Justice Department
youth department .
|
(Quelle: P.A. 77-2097.)
|
(730 ILCS 5/3-9-6)
(from chap. 38, para. 1003-9-6)
|
Sek. 3-9-6. Unauthorized Absence. Whenever a person |
is committed to Juvenile Justice Department
youthful |
Department of Corrections Department escapes or is absent |
himself without the authority to do so from anyone |
Institution or program to which he or she is associated, he or she |
can be held in custody and brought back to the responsible correctional facility |
Officials instructed by the authorities or whoever if a |
The appointment is confirmed by the director of juvenile justice ora |
Person duly nominated by the director with the seal of |
Department for juvenile criminal law
corrections attached. The |
person so designated by the Director of juvenile justice with |
Such a seal can contain one or more persons and the |
The appointment is made as a ministerial appointment no |
Record or notification of designated person required |
appointments. The order is to be addressed to all Sheriffs, |
Forensic pathologists, police officers, warders or wardens of prisons or |
other detention facilities, whether in-state or out-of-state |
Illinois, or to a specific person named on the order.
|
(Quelle: P.A. 83-346.)
|
(730 ILCS 5/3-9-7)
(from chap. 38, para. 1003-9-7) |
Sek. 3-9-7. Sexual Abuse Counseling Programs.
|
(a) Die Juvenile Justice Department
youth department
|
should set up and offer counseling on the subject of sexual abuse for both of them |
as many victims of sexual abuse and sex offenders |
Facilities necessary to ensure sexual abuse counseling |
across the state.
|
(b) Any minor who is committed to the Department of youthful |
justice
Corrections youth department for a sex offense |
defined in the Sex Offenders Management Board Act |
|
obliged to undergo sex offender treatment |
Vendor board approved and conducted compliantly |
with the standards developed by Sex Offender Management |
Board Act.
|
(Quelle: P.A. 93-616, Stand 1.1.04.)
|
(730 ILCS 5/3-10-1)
(from chap. 38, para. 1003-10-1)
|
Sek. 3-10-1. receiving procedure.
|
The receiving procedures in Section 3-8-1 apply |
applicable to institutions and bodies of Department for |
juvenile criminal law
youth department .
|
(Quelle: P.A. 77-2097.)
|
(730 ILCS 5/3-10-2)
(from chap. 38, para. 1003-10-2)
|
Sek. 3-10-2. Audit of committed individuals |
Juvenile Justice Department
youth department .
|
(a) A person who has committed Youth Department |
justice
youth department is checked in terms of its |
medical, psychological, social, educational and professional |
Condition and history, including use of alcohol and others |
Drugs, the circumstances of his crime and everything else |
information as a department of juvenile justice May |
determine.
|
(a-5) Upon inclusion of a person who has committed to do so |
Juvenile Justice Department
youth department , Die |
Department of juvenile justice must be made available to the person |
appropriate written information and counseling about HIV |
and AIDS. The Department of juvenile justice should develop it |
written materials in consultation with the Department of Public |
Health. At the same time the department of juvenile justice |
In addition, the person must be given the opportunity to be tested |
Charge against the person with human immunodeficiency infection |
Virus (HIV) or other identified causative agent of the acquired disease |
Immunodeficiency Syndrome (AIDS). The Department by youngsters |
justice required of any person who undertakes to do so Department |
of juvenile justice
youth department sign a form that says |
|
that the person has been informed of their rights |
in relation to the tests required as part of this offer |
Subsection (a-5) and give the person a chance |
to indicate that he or she wishes to be tested or that he or she |
or she doesn't want to be tested. The Department by youngsters |
justice , in consultation with the Ministry of Health, |
defines the content of the form. The provided tests |
according to this subsection (a-5) must consist of an enzyme-linked compound |
Immunosorbent Assay (ELISA) test or other approved test |
the Department of Public Health. If the test result is |
positive, the western blot assay, or a more reliable confirmatory test |
examination to be carried out. |
Even if a person who is obliged to do so is admitted Department |
of juvenile justice
youth department , the Department von |
juvenile criminal law must inform the person in the department |
Obligation to provide medical care to the person. |
The implementation of this subsection (a-5) is subject to |
Appropriation. |
(b) On the basis of its examination, the Department by youngsters |
justice may exercise the following powers in the development of one |
Treatment program of a person committed to it Department for |
juvenile criminal law
youth department :
|
(1) From him participation in professional, |
physical, educational and corrective training and |
Activities to bring him back into the community.
|
(2) Place him in a facility or establishment of |
Juvenile Justice Department
youth department .
|
(3) order replacement or reprimand; and |
The Pardons and Pardons Committee may act as often as it deems desirable. The Department |
of juvenile justice should refer the person to probation |
and Pardon Board pursuant to Section 3-3-4.
|
(4) Make arrangements with the Minister of Human Resources |
Services and the Director of Children and Family Services, |
in courts with probation officers and in private ones |
Agencies or institutions for separate care or special |
Treatment of persons under control |
|
Department of juvenile justice .
|
(c) The Department of juvenile justice should be done periodically |
re-examination of all persons under the control of the |
Juvenile Justice Department
youth department determine |
whether existing orders should be changed in individual cases |
or continued. This examination is carried out in relation to |
each person at least once a year.
|
(d) A record of the treatment decision, including any |
Changing it and the reason for it are part of it |
Master data record file of the obligated person.
|
(e) The Department of juvenile justice must be certified |
Mail, return receipt requested, notify parents, guardians or |
next of kin of a person who has pledged Department for |
juvenile criminal law
youth department its physical location and |
any change of it.
|
(Quelle: P.A. 94-629, Stand 1.1.06.)
|
(730 ILCS 5/3-10-3)
(from chap. 38, para. 1003-10-3)
|
Sek. 3-10-3. program assignment.
|
(a) The chief administrator of each institution or |
Establishment of Juvenile Justice Department
youthful |
division appoints one or more persons for classification and |
Assign youth to programs at the facility or facility.
|
(b) The program assignment of the assigned persons |
Institutions or bodies of Youth Department |
justice
youth department takes place on the following basis:
|
(1) As soon as possible after receipt and in any case |
case at the latest after the first 30 days |
The file is examined and he is interviewed and a |
Defining the program for education, employment, |
education, treatment, care and custody appropriate to him. A |
A record must be made of this program assignment, which a |
Part of its master data file. An employee should be |
He is named for each as their HR Advisor.
|
(2) The study task is to be checked at least once |
every three months and is interviewed when appropriate |
|
desirable or when he requests it. After verification, such changes in |
its program of education, employment, training, treatment, |
Care and custody may be at your own discretion or |
desirable and a record of it became part of his record. If he |
requests a change to its program and that request is denied, |
The reason for the refusal must be communicated to him in writing |
The corresponding declaration will be included in his file.
|
(c) The Department may issue rules and regulations |
regulates the management of treatment programs within |
Institutions and facilities of the department by youngsters |
justice .
|
(Quelle: P.A. 77-2097.)
|
(730 ILCS 5/3-10-4)
(from chap. 38, para. 1003-10-4)
|
Sek. 3-10-4. Divisionsinterne Transfers.
|
(a) The transfer of committed individuals between institutions |
or facilities of Juvenile Justice Department
youthful |
division fall under this section, except for emergencies |
Transfers are made in accordance with Section 3-6-2.
|
(b) The chief administrator of an institution or |
Facility that one dedicated person wishes to transfer to another |
The facility or facility notifies the Assistant director of |
juvenile criminal law
the youth department or his delegate the |
basis for transmission. The Assistant Director or his delegate |
will agree or reject such request.
|
(c) If a transfer request is made by a committed person or |
his parent, guardian or next of kin, the chief |
administrative officer of the facility or facility |
to whom the transfer is requested shall be informed director of |
juvenile criminal law
Deputy director of the youth department or |
his officer for the request, the reasons for it and his |
Recommendation. The Assistant Director of juvenile justice or |
his deputy either grants or rejects the request |
Upon request, he shall notify the person or his or her parents, legal guardians or |
closest relative of the basis for rejection.
|
(Quelle: P.A. 77-2097.)
|
|
(730 ILCS 5/3-10-5)
(from chap. 38, para. 1003-10-5)
|
Sek. 3-10-5. Referrals to the Department of Human Services.
|
(a) When a person has committed Youth Department |
justice
youth department meets the standard for approval of a |
minors admitted to a psychiatric facility or suitable for admission |
to a facility for the developmentally disabled, as those terms are used |
in the Mental Health and Developmental Disabilities Code |
The Ministry can transfer the person to an appropriate state |
Hospital or Department of Human Services facility for |
a period of no more than 6 months, provided that the person consents to this |
Write to the bank transfer. The person must be informed about this |
Right not to consent and if he does not consent, the transfer |
can only be done through the obligation under paragraph (e) of this document |
Section.
|
(b) The parent, legal guardian or next of kin and the |
The authorized representative is informed of his right to object. If |
If there is an objection, the transfer can only be made by |
Obligation under Paragraph (e) of this Section. notice of the |
The referral must be mailed to the parent, legal guardian, or legal guardian |
The nearest relative is marked only for delivery to the recipient |
last known address by registered mail with acknowledgment of receipt |
requested along with a written notice of the manner and |
Period within which he can object to the transfer. objection to |
The transfer must be made by the parent, guardian or next of kin |
Relatives within 15 days of receipt of notification of |
Transfer, by written notification of the objection to the Assistant |
Director of juvenile justice orChief Administrator of |
the institution or body of the department by youngsters |
justice where the person was imprisoned.
|
(c) When a person who has committed under the Department |
Juvenile Courts legislation is the Juvenile Courts Act 1987 |
admitted to a hospital or facility of the Department of Human Medicine |
Services under this section, the Assistant director of youthful |
justice
the youth department communicate this to those involved |
Juvenile Court.
|
|
(d) Nothing in this section limits the right of |
Assistant director of juvenile criminal law
the youth department or |
the chief administrative officer of an institution or body |
to use the emergency room regulations of the mind |
Code of Health and Developmental Disabilities Relating to All |
person in his care or custody. The transformation of a person into a |
Institution or facility of the Department of Human Services |
Subparagraph (a) of this Section shall not absolve |
person from the head of the department of juvenile justice .
|
(e) If the person does not consent to their transfer |
Department of Human Services or if an individual objects to it |
Paragraph (b) of this Section or if the Department of Human |
Services determine that a transferred person requires |
Admitted to the Department of Human Services for more than 6 |
months for some reason that Assistant director of youthful |
justice
the youth department will file a petition |
District court of the district in which the establishment or |
The facility is located and is applying for the person to be admitted to the |
Human Services Department. Certificate from a clinic |
Psychologist, Licensed Clinical Social Worker who is a |
qualified examiner as defined in section 1-122 of Mental |
Code of Health and Developmental Disabilities or Psychiatrists, |
or if admission is to a facility for the developmentally disabled |
wanted, by a doctor, that the person needs commitment |
for treatment to the Department of Human Services or |
The habilitation must be attached to the application. copies of it |
The petition should be addressed to the nominated person, their parents or |
Guardian or next of kin, the committing court and to the |
Prosecutors of the district where the institution operates |
Establishment of Juvenile Justice Department
youthful |
division from whom the person was transferred is located and |
the county from which the named person was admitted |
Department for juvenile criminal law
corrections .
|
(f) The court sets a date for a hearing |
Submit petition within the time limit specified in Mental Health |
and developmental disabilitiescode. The hearing is to take place |
|
conducted in the manner prescribed by MentalHealth and |
Developmental Disabilities Code. When the person is found |
I need commitment to the Department of Human Services for |
Treatment or habilitation, the court can oblige him to do so |
Department.
|
(g) In the event that a person commits to the Department |
under the Juvenile Courts Act or the Juvenile Courts Act 1987 |
is committed to Department of Human Services facilities |
pursuant to paragraph (e) of this Section the Assistant Director von |
juvenile criminal law must submit an application to the competent juvenile court |
for an order to terminate the Assistant The principal's custody.
|
(Quelle: P.A. 89-507, eff. 7-1-97.)
|
(730 ILCS 5/3-10-6)
(from chap. 38, para. 1003-10-6)
|
Sek. 3-10-6. Return and discharge from the Department of Human Medicine |
Services.
|
(a) The Department of Human Services returns to |
Juvenile Justice Department
youth department anyone |
obligated to a facility of the Department under paragraph (a) |
of Section 3-10-5 if the individual no longer meets the standard |
for the admission of a minor to a psychiatric facility, or is |
Suitable for administrative admission to a development institution |
facility for the disabled.
|
(b) When a person returns to the Youth Department |
justice
youth department pursuant to paragraph (a) of this Section |
has not had a parole hearing in the past 6 months, he |
A parole hearing will be held within 45 days of his return.
|
(c) Die Juvenile Justice Department
youth department |
notifies the Minister for Human Services of the procedure |
the obligation or penalty of a person assigned to the |
Human Services Department as per Section 3-10-5. If the |
The Department of Human Services determines that this is one such person |
transferred to him pursuant to paragraph (a) of Section 3-10-5 |
If further hospitalization is required, an application must be made |
engagement of such a person in the context of mental health and |
Developmental Disabilities Code.
|
|
(d) The Department of Human Services publishes pursuant to |
the Mental Health and Developmental Disabilities Code, any |
Person referred to under paragraph (c) of Section |
3-10-5, whose sentence has expired and is believed to be unconvicted |
meets the standard for admission of a minor to a psychiatric hospital |
facility or is suitable for administrative inclusion in a |
facility for the developmentally disabled. A person committed to it |
Department for juvenile criminal law
corrections under juvenile justice |
Court Actor of the Juvenile Courts Act 1987 and transferred to |
the Department of HumanServices pursuant to paragraph (c) of the Section |
3-10-5 will be handed over to the competent juvenile court if |
The Department of Human Services determines that he is no longer there |
requires hospitalization for treatment.
|
(Quelle: P.A. 89-507, eff. 7-1-97.)
|
(730 ILCS 5/3-10-7)
(from chap. 38, para. 1003-10-7)
|
Sek. 3-10-7. Cross-departmental transfers. (a) Definitely |
if a minor was originally prosecuted under the provisions of |
the Criminal Code 1961 as amended and convicted under the |
Provisions of this Act pursuant to Section 2-7 of the Youth Act |
Court Act or Section 5-805 of the JuvenileCourt Act 1987 |
and is committed to Juvenile Justice Department
youthful |
division pursuant to Section 5-8-6 the Ministry of youthful |
justice
corrections will be made within 30 days of the date on which the |
Minors who have reached the age of 17 should send a formal notice to the |
Judgment Court and District Attorney |
to which the minor was sentenced, indicating the day on which the |
Juvenile delinquents reach the age of 17. Within 90 days |
Upon receipt of this notice, the trial court will do the following: |
Hearing in accordance with the provisions of subsection (c) of this document |
Section to determine whether or not the minor should continue to do so |
remain under the auspices of Juvenile Justice Department
|
youth department or be transferred to the adult division of |
the correctional facility.
|
The minor will be informed of the date of service |
Hearing, must be present at the hearing and has the right to do so |
|
Advice at the hearing. The minor, with the consent of his or her |
Your attorney or guardian may choose not to be present at the hearing.
|
(b) Unless paroled earlier in accordance with Section 3-3-3, the |
Detention of a minor indefinitely |
The punishment in a criminal proceeding ends with the |
expiry of the maximum sentence of imprisonment, and he must |
thereupon be released to serve a period of probation as provided in Section |
5-8-1, but if the maximum custodial sentence does not expire |
he remains subject until he is 21 years old |
are under the control and custody of the department by youngsters |
justice , and on his 21st birthday he is to be promoted |
the adult section the law enforcement agency . If yes |
People who were paroled on his 21st birthday, his parole |
Supervision can be transferred to the adult section of the |
Corrections Department .
|
(c) Every interdepartmental transfer hearing has been conducted |
in accordance with subsection (a) of this Section, consider all |
Available information that may affect the issue |
transfer. Any evidence that will assist the court in its determination |
Question of transmission, including oral and written reports |
contains hearsay that can be relied upon in this regard |
Evidence even if not competent for the purposes of |
a court hearing. The court examines together with |
all other relevant matters, the following:
|
1. The type of crime the minor is charged with |
guilty and the length of the sentence the minor is serving |
and the records and history of the minor.
|
2. The record of the minor's accommodation within the |
Department for juvenile criminal law
Youth department for corrections , |
including but not limited to reports by minors |
Advisor, any escape, attempted escape or violent or |
disruptive behavior of the minor, any fines |
received from the minors, summaries of the courses they have attended |
Minor and all records of work performed by the minor during his stay |
die Institution.
|
3. The relative maturity of the minor based on the |
|
physical, psychological and emotional development |
irrelevant.
|
4. Recording the minor's rehabilitation progress |
and assessment of the minor's professional potential.
|
5. An assessment of the need to transfer the |
minor, including but not limited to the availability of space |
within the department of corrections, the disciplinary and |
Security issue that the minor submitted to |
Juvenile Justice Department
youth department and that |
feasibility of placing the minor in a youth facility, |
whether the resources are exhausted Department for |
juvenile criminal law
Youth Department of the Department of |
corrections , the availability of rehabilitation and job offers |
Programs within the Department of Corrections and the |
expected ability of the minor to adapt to captivity |
within an adult facility, based on the physical condition of the minor |
size and maturity.
|
All relevant factors considered in this subsection must be considered |
not be ruled against the juvenile to justify doing so |
transfer. Access to social records, parole reports, etc |
other reports considered by the Court for this purpose |
Transfer documents are to be made available to the young person's legal counsel |
at least 30 days before the date of the transfer hearing |
The sentencing court will do the following when issuing a transfer order |
Include a justification for this order.
|
(d) Whenever the director of juvenile justice or be |
The Commissioner notes that the interests of safety, security and |
Discipline require the transfer to the Department for |
corrections
adult department a person aged 17 or over who |
was prosecuted under the provisions of the Criminal Code |
1961 as amended and convicted under the terms of that Act |
Act under Section 2-7 of the Juvenile Courts Act |
Section 5-805 of the Juvenile Courts Act 1987 and committed |
for the Juvenile Justice Department
youth department under |
Section 5-8-6: The Director or his designee may approve this |
Emergency surrender of such a person, unless the surrender of the |
|
Person is subject to subsection (e) of this Section |
The sentencing court must be informed of any emergency |
Transfer no later than 3 days after the emergency transfer. |
Upon request submitted within 60 days of the emergency transfer of |
The trial court or a party may be the trial court |
Conducting a hearing in accordance with the provisions of subsection (c) |
this section to determine whether the person |
stay in the Corrections Department
Adult |
division .
|
(e) The Director of juvenile justice or his agent may |
authorize the permanent transfer to the Department for |
corrections
adult department any person aged 18 or over who |
was prosecuted under the provisions of the Criminal Code |
1961 as amended and convicted under the terms of that Act |
Act under Section 2-7 of the Juvenile Courts Act or |
Section 5-805 of the Juvenile Courts Act 1987 and committed |
for the Juvenile Justice Department
youth department under |
Section 5-8-6 of this Act. The director of juvenile justice or |
The following factors apply to his agent: |
Determining whether to authorize the permanent transfer of the |
person to Corrections Department
adult department :
|
1. The type of crime the person has been charged with |
guilty and the length of sentence the person is serving |
and the history and antecedents of the person.
|
2. The record of the adjustment of the person within the |
Juvenile Justice Department
Corrections Department' |
youth department , including but not limited to reports from |
the person's adviser, any escape attempts, escape attempts or |
violent or disruptive behavior on the part of the person |
Tickets received by the person, summaries of the courses attended |
of the person and all records of the work performed by the person |
while in the institution.
|
3. The person's relative maturity based on the |
physical, psychological and emotional development |
Person.
|
4. The record of the person's rehabilitation progress |
|
and an assessment of the person's professional potential.
|
5. An assessment of the need to transfer the |
person, including but not limited to the availability of |
Room within the department for corrections, the disciplinary department |
and security issue that the person has submitted to |
Juvenile Justice Department
youth department and that |
Feasibility of maintaining the person in adolescence |
Establish whether the resources within the plant are exhausted |
Juvenile Justice Department
youth department of |
Corrections Department , the availability of rehabilitation measures |
and professional programs within the correctional service, |
and the person's expected ability to adapt to it |
Accommodation in an adult facility based on the person |
physical size and maturity.
|
(Quelle: P.A. 90-590, eff. 1-1-99.)
|
(730 ILCS 5/3-10-8)
(from chap. 38, para. 1003-10-8)
|
Sek. 3-10-8. Discipline.) (a) (1) Corporal punishment and |
disciplinary restrictions related to nutrition, medicine or hygiene |
Furnishings, clothing, bedding or mail are also prohibited |
Reducing the frequency of use of toilets, sinks, etc |
Have a shower.
|
(2) Disciplinary visiting, work, |
Educational or program duties, use of toilets and sinks |
and showering must be associated with abuse as closely as possible |
such privileges or facilities. This paragraph does not apply |
apply to the segregation or isolation of persons for the purposes of |
institutional control.
|
(3) No person undertakes Youth Department |
justice
youth department may be isolated for disciplinary action |
Reasons for more than 7 consecutive days and no more than 15 days |
outside a period of 30 days, except in cases of violence or |
attempted violence against another person or |
property if an additional period of isolation for |
Disciplinary grounds are approved by the chief administration |
Officer. A person who has been isolated for 24 hours or more |
|
is interviewed daily by his recruiter or someone else |
Employees.
|
(b) Die Juvenile Justice Department
youth department |
establishes rules and regulations for disciplinary action |
Practices, the penalties for violations and the |
Disciplinary process through which such penalties may be imposed. |
The rules of conduct must be made known to everyone involved |
person and the discipline must be proportionate to the offence |
and applied fairly.
|
(c) Any disciplinary action taken against any person |
Institutions and facilities of Youth Department |
justice
youth department must be consistent with this section |
and the departmental rules and regulations adopted under this Agreement.
|
(d) Disciplinary measures imposed under this section are |
reviewed through the Complaints Procedure set out in Section 3-8-8.
|
(e) A written report of any breach of that discipline |
The order is to be filed with the chief administrative officer |
within 72 hours of the occurrence of the violation or |
Discovery thereof and this report will be placed on file |
the institution or facility.
|
(f) All institutions and bodies of Department for |
juvenile criminal law
youth department will determine, subject to change |
the approval of the director of juvenile justice ,Procedure |
for disciplinary cases, except for those that may concern the following |
imposition of disciplinary isolation; delay in relation to the |
parole board or a change in employment, education or otherwise |
Program use with a duration of more than 7 days.
|
(g) In disciplinary cases which may involve imposition |
disciplinary isolation, delayed referral to the parole board and |
parole board or a change in work, education, or other program |
For assignments lasting more than 7 days, the director must decide |
Disciplinary procedures in accordance with the set |
the following principles:
|
(1) Any person or persons initiating a disciplinary proceeding |
The charge against a person does not determine the charge. For the |
where possible, a person to represent the counseling staff |
|
The facility or facility is involved in the decision |
disciplinary case.
|
(2) Any committed person charged with violating |
The rules of conduct of the department must be made known |
charges, including an explanation of the alleged wrongdoing and the |
the rules that this behavior allegedly violates.
|
(3) Any person charged with breaking the Rules is |
is entitled to a hearing on this allegation, at this time |
have the opportunity to appear in front of the person and address them |
Persons who decide on the prosecution.
|
(4) The person or persons deciding on the charge may also |
Subpoena for witnesses or other relevant persons to testify |
knowledge of the incident. The accused can be admitted |
to question a person so summoned.
|
(5) If the charge is upheld, this also applies to the accused |
Right to a written statement of the persons on the decision |
Decision on the fee, which should also include the basis for it |
Decision and any disciplinary action to be taken.
|
(6) A change of work, education, or other program |
Tasks may not be used for disciplinary purposes except |
as provided in paragraph (a) of the Section and only then thereafter |
Review and Approval per Section 3-10-3.
|
(Quelle: P.A. 80-1099.)
|
(730 ILCS 5/3-10-9)
(from chap. 38, para. 1003-10-9)
|
Sek. 3-10-9. Complaints.
|
The complaints procedures Youth Department |
justice
youth department is regulated in the section |
3-8-8.
|
(Quelle: P.A. 77-2097.)
|
(730 ILCS 5/3-10-10)
(from chap. 38, para. 1003-10-10)
|
Sek. 3-10-10. Help for dedicated people.
|
A person committed to it Juvenile Justice Department
|
youth department will be staffed with support |
the exercise of all rights and privileges granted to him |
|
this code. This person must be informed of their right to do so |
Support from his HR consultant or another employee.
|
(Quelle: P.A. 77-2097.)
|
(730 ILCS 5/3-10-11)
(from chap. 38, para. 1003-10-11)
|
Sek. 3-10-11. Transfers from the Department of Children and |
family services.
|
(a) If (i) a decision is made on a minor aged 10 years or older |
an offender under the Juvenile Courts Act or the Juvenile Court |
Act of 1987 and placed with the Department of Children and |
Family Services, (ii) it is determined by inter-agency review |
Department of Children and Family Services Committee |
There is a lack of adequate facilities to care for and rehabilitate such people |
minor and the placement of this minor in the Department of |
juvenile criminal law
corrections , subject to certification by the |
Department for juvenile criminal law
corrections , is appropriate, |
and (iii) the Department of juvenile criminal law
corrections
|
certifies that it has adequate facilities and staff |
For the accommodation of the minor, the department for is available |
Child and Family Services may transfer custody of the minor |
for the Juvenile Justice Department
youth department of |
Corrections Department provided that:
|
(1) the juvenile court that decided on the minor a |
Belated orders the transfer after a hearing |
opportunity for the minor to be heard and defended; And
|
(2) die Assistant director of juvenile criminal law
Die |
Prison Department, Juvenile Department, will be made a |
party to the lawsuit; And
|
(3) The transfer will be communicated to the minor |
parent, guardian or next of kin; And
|
(4) Imprisonment is permitted by law |
Adults found guilty of the offense of the minor |
convicted delinquent.
|
The Inter-Agency Review Committee includes a |
Representative of the Ministry for Children and Family |
Services, a representative of the Department of youthful |
|
justice
corrections , and an educator and a qualified mental patient |
Health professional jointly selected by the Ministry of Health |
Children and Family Services and the Department of youthful |
justice
corrections . The Department of Children and Family |
Services, in consultation with the Department of youthful |
justice
corrections , enacts the rules for the |
Operation of the Inter-Agency Review Committee |
Administrative Procedures Act of Illinois.
|
(b) Guardianship of a Minor transferred under this Section |
remains with the Ministry of Children and Family |
Services.
|
(c) Minors who are transferred pursuant to this Section may be accommodated |
the department for juvenile criminal law
corrections in every program |
or establishment of the Ministry of juvenile criminal law
Corrections, |
youth department , or any other residential facility for young people.
|
(d) A minor transferred under this section shall remain in the country |
the custody of the Ministry of juvenile criminal law
Corrections, |
youth department, until the department for juvenile criminal law
|
corrections notes that the minor is willing to leave home |
Program. The department for juvenile criminal law
corrections In |
Consultation with the department for children and family |
The services will develop and work with you on a transition plan |
Department of Children and Family Services to which the minor is scheduled to relocate |
an alternative program. Thirty days before implementation |
transition plan, the Ministry of juvenile criminal law
|
corrections communicate the plan to the court. |
The department for juvenile criminal law
Corrections' |
Custody of the minor ends automatically at the age of 30 |
Days after notification to the court and state |
Lawyer.
|
(e) In no event may a minor be transferred under this Agreement |
The section remains in the care of the Ministry of youthful |
justice
corrections for a longer period of time |
Period of time that an adult could be punished for the same crime.
|
(Quelle: P.A. 88-680, eff. 1-1-95 .)
|
|
(730 ILCS 5/3-10-12)
(from chap. 38, para. 1003-10-12)
|
Sek. 3-10-12.
|
The Director of the Department of juvenile criminal law
|
corrections may authorize the use of any institution or |
Establishment of Juvenile Justice Department
youthful |
division as a juvenile detention center for housing |
of minors under the age of 16 in custody or detention |
a county sheriff or a city police department |
if said juvenile is detained for the purpose of appearing before a |
juvenile court or by court order or for any other legal reason, |
if no juvenile detention center exists or exists |
Are there no other arrangements suitable for containment? |
teenagers. The director juvenile criminal law
the department for |
corrections can certify that appropriate facilities and staff are in place |
are available from the relevant institution or facility |
the placement of these minors and this certificate are authorized |
filed with the clerk of the district court. The |
director of juvenile criminal law
the corrections department May |
You can revoke or refuse certification at any time. When submitting |
of the certificate in a district the authorities of the district |
You may then use these facilities and present them in the certificate |
in accordance with the terms and conditions contained therein for the above purpose. |
Juveniles locked up, by the Ministry of juvenile criminal law
|
corrections , pursuant to this section, must be kept separate from |
convicted criminals.
|
(Quelle: P.A. 78-878.)
|
(730 ILCS 5/3-10-13)
|
Sek. 3-10-13. Notifications of release or escape.
|
(a) The Department of juvenile justice shall establish |
Procedure for providing written notification of the release of |
each person from the Juvenile Justice Department
youthful |
division to the persons and bodies mentioned in the subsection |
(c) Section 3-14-1 of this Code.
|
(b) The Department of juvenile justice shall establish |
Procedure for immediate notification of escape from |
|
each person from the Juvenile Justice Department
youthful |
division to the persons and bodies mentioned in the subsection |
(c) Section 3-14-1 of this Code.
|
(Quelle: P.A. 91-695, Booth 04.13.00.)
|
(730 ILCS 5/3-15-2)
(from chap. 38, para. 1003-15-2)
|
Sek. 3-15-2. Standards and support for local prisons and |
detention and emergency shelters.
|
(a) The Department the corrections is supposed to set for that |
Operation of County and Municipal Jails and Houses of |
Correction, and juvenile detention and homeless care in the district |
Facilities provided under the County ShelterCare and |
Law on Detention Centers", Minimum standards for the physical |
condition of such facilities and for the treatment of inmates |
with regard to their health and safety and the safety of |
community.
|
The Ministry of Juvenile Justice lays down for the |
Operation of the juvenile detention center and homeless care in the district |
Facilities established in accordance with the County ShelterCare and |
Detention Home Act, Minimum Physical Condition Standards |
condition of such facilities and for the treatment of |
young people with regard to their health and safety and the |
community security.
|
These standards do not apply to care in county housing |
Plants in operation before January 1, 1980. |
Such standards must not aim to prescribe a minimum floor area |
Requirements for each inmate housed in cells and detention |
Rooms in county and municipal jails and correctional facilities. |
However, no more than two occupants may be accommodated in single accommodation |
cell or cell.
|
When an inmate is tested for an airborne infection |
disease as defined by the Illinois Department of Public |
Health, including but not limited to tuberculosis, the results |
The tests are carried out by the director or by him personally |
or their authorized representative in a sealed envelope to the judge of the court |
in which the inmate must appear for a judicial inspection |
|
Camera if requested by the judge. Act in accordance with that |
The welfare of those present in the courtroom rests with the judge |
It has discretion to determine what precautions, if any, need to be taken |
taken to prevent transmission of the disease in the courtroom.
|
(b) At least once a year the department the corrections |
can audit any adult facility for compliance |
The established standards and the results of this inspection must be taken into account |
made available for public inspection by the Ministry. At |
at least once a year, the department of juvenile justice should |
Inspect juvenile detention centers and housing in each county |
Establishment to comply with the established standards and the |
Department of juvenile justice will make the results out of it |
Inspections for public viewing possible. If there is an incarceration, |
Homeless shelter or correctional facility does not comply with regulations |
Standards set the director of correctional facilities or the |
Director of Juvenile Justice, if applicable should give |
Notice to county government and sheriff or company |
Inform local authorities if necessary |
Non-compliance stating the respective standards |
not met by such a facility. If the facility is not available |
Compliance with these standards after six months |
from the transmission of such notice to the Director of Corrections or |
if applicable, the Director of Juvenile Justice, May |
apply to the competent court for a corresponding order |
Establishment to comply with the standards set by the |
department or for other appropriate relief.
|
(c) The Department the corrections can offer advice |
Services for design, construction, programs and |
administration of Detention, Housing and correction |
Facilities and services for children and Adults, operated by |
Counties and municipalities and can create studies and surveys about it |
the programs and administration of these institutions. |
Personnel from the department are permitted to do this |
Facilities required for these purposes. The department can |
Development and management of funding programs for |
Correctional services in cooperation with local authorities. The |
|
The department can provide training courses for staff |
such institutions and carry out pilot projects in the |
institutions.
|
(c-5) The Department of Juvenile Justice can provide the following |
Consulting services for design, construction, programs, |
and administration of detention and accommodation care services for |
Children are run by counties and municipalities and are allowed to make them |
Studies and surveys on the programs and administration of |
such facilities.Juvenile department staff |
In these facilities, the judiciary is granted access as required |
such purposes. The Department of Juvenile Justice could develop further |
and administer grant programs for youth |
Correctional services in cooperation with local authorities. The |
The Ministry of Juvenile Justice can offer training courses |
for the staff of such institutions and carry out pilot projects |
projects in the institutions.
|
(d) The Department has the right to issue a refund |
Subsidies for districts, municipalities or public buildings |
Commissions to meet the minimum penalty |
Facility standards set by the department in this section. |
Grants can only be awarded for completed projects |
after July 1, 1980 and initiated before January 1, 1987.
|
(1) Subsidies for regional prisons are granted |
Not exceeding 90% of the project cost or $7,000,000 |
whatever is less.
|
(2) Correctional Facility Grants by Individual |
District, municipality or public building commission |
Not exceeding 75% of the proposed project cost or $4,000,000 |
whatever is less.
|
(3) For the purposes of this subsection (d), “Project” means. |
only that part of a facility intended for prison construction, |
penitentiary or detention purposes and does not include |
other areas of multi-purpose buildings.
|
Construction or renovation grants are permitted |
issued by the Capital Development Board from capital |
Development Bond Fund upon application by a county or |
|
Counties, municipalities or public buildings |
Order or orders and approval of a construction or construction project |
Renovation grant from the Ministry for projects initiated thereafter |
1 January 1987.
|
(e) The Department of juvenile justice should say goodbye |
Standards for county jails for the temporary placement of juveniles |
Basis as provided in Section 5-410 of the Juvenile Courts Act |
of 1987. These standards include educational, |
Leisure and disciplinary norms and access to |
medical services, crisis intervention, psychiatric services, |
suicide prevention, health care, nutritional needs and |
visiting rights. The Department of juvenile justice should |
Also, notify all counties requesting placement of juveniles in a county |
Prison of Monitoring and Program Standards for Juveniles |
Section 5-410 Juvenile Court Detention Facilities |
1987 law.
|
(Source: P.A. 89-64, valid 1-1-96; 89-477, valid 6-18-96; 89-656, |
eff. 8-14-96;90-14, eff. 01.07.97; 90-590, eff. 1-1-99.)
|
(730 ILCS 5/3-16-5)
|
Sek. 3-16-5. Multi-year pilot program for selected probation officers |
Juveniles released from institutions Youth Department |
justice
youth department .
|
(a) The Department of juvenile criminal law
corrections May |
Niederlassung in Cook County, DuPageCounty, Lake County, Will |
County and Kane County a 6-year pilot program for select |
Juvenile offenders are paroled by the state Department for |
juvenile criminal law
Youth Department of the Department of |
corrections .
|
(b) A person being paroled |
Juvenile Justice Department
youth department under |
Subsection (e) of Section 3-3-3, who the Youth Department |
justice
youth department considered a serious or vulnerable offender |
Teens who are likely to have trouble getting used to it again |
Community that either had significant clinical problems or |
a history of criminal activity involving sex offenses, drugs, |
|
Guns or gangs, and who's going back to Cook County, Will |
County, Lake County, DuPage County oder Kane County sein |
checked for their suitability to participate in the pilot program.
|
(c) If the department of juvenile justice established a |
Pilot program under this section Youth Department |
justice
youth department provides supervision and |
structured services for individuals selected to participate |
program to: (i) ensure that they receive a high level of |
supervision and case management, structured services; (ii) |
Prepare them for reintegration into the community;(iii) |
effectively monitor compliance with probation conditions |
andprogramming; and (iv) minimize the likelihood that they |
will commit more crimes.
|
(d) Based on the needs of a participant, the department |
of juvenile justice can provide the following orally: |
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 outpatient intensive care offers;
|
(6) Structured daily and evening news programs and |
behavioral day treatment;
|
(7) family counseling;
|
(8) transition programs to independent living;
|
(9) alternate placements;
|
(10) Substance Abuse Treatment.
|
(e) A case plan for needs assessment and probation supervision |
The profile can be completed by the department for juvenile criminal law
|
corrections prior to the dismissal of the selected eligible person |
Institution pending probation supervision. Needs |
Assessment case plan and probation monitoring profile |
This includes determining the placement requirements and the intensity of the |
probation supervision and assessments of educational, |
psychological, occupational, medical and substance abuse |
|
need for treatment. After completion by the Department of |
juvenile criminal law
corrections the probation officer profile |
and Needs Assessment Case Plan, a comprehensive parole case |
Management plans are developed for each committed young person |
eligible and selected for admission to the pilot program. The |
A comprehensive probation management plan must be submitted |
for approval by the department of juvenile justice and for |
Presentation to the Prisoner Review Board.
|
(f) The Department of juvenile justice can identify with one |
Comprehensive Probation Management Plan, All Special Offers |
Conditions for probation supervision and determination of sanctions for a |
Participant who does not meet the program requirements |
or who violates the probation rules. These sanctions may include: |
Return of a participant to a secure community location or |
Recommendations on revoking parole to the PrisonerReview |
Plank. Juveniles who are paroled may be kept safe for screening |
municipal bodies or by order of a pending revocation in the local community |
Detention or prison facilities depending on age.
|
(g) The Department of juvenile justice can choose and |
Contract with a community-based network and work in partnership |
with private providers to provide the services listed |
subsection (d).
|
(h) If the department of juvenile justice established a |
Pilot program under this section, the department by youngsters |
justice will be within 3 years after the effective date of |
With this amending law from 1997, the pilot program will be implemented first |
in Cook County, and then implement the pilot program in DuPage |
County, Lake County, WillCounty und Kane County entsprechend |
with a schedule to be developed by the department by youngsters |
justice .
|
(i) If the department of juvenile justice established a |
Pilot program under this section, the department by youngsters |
justice prepares a 3-year follow-up assessment and |
Results evaluation for all participants of the pilot program.
|
(j) If the department of juvenile justice established a |
Pilot program under this section, the department by youngsters |
|
justice publishes an outcome study over a three-year period |
Follow-up period for participants in the pilot program.
|
(Quelle: P.A. 90-79, eff. 1-1-98.)
|
(730 ILCS 5/5-8-6)
(from chap. 38, para. 1005-8-6)
|
Sek. 5-8-6. place of detention. (a) Offender Convicted |
be sentenced to imprisonment for a crime |
the Department of Corrections' correctional system. |
However, such a judgment does not limit the powers of the |
Department of Children and Family Services related to all |
Child under one year under the sole care of one person |
so condemned, nor in relation to a child born of a |
Woman so sentenced while consequently imprisoned like this |
such a sentence. A person convicted of a crime can be |
assigned to one of its employees by the prison authority |
Institutions, bodies or programs.
|
(b) Offenders sentenced to a reduced term of imprisonment |
than a year shall be placed in the custody of the sheriff. |
A person who has previously contacted the law enforcement agency |
July 14, 1983, for less than a year can be awarded by the |
department to one of its institutions, facilities or programs.
|
(c) All offenders under the age of 17 at the time of sentencing |
imprisonment is committed Youth Department |
justice
Juvenile Department of Correctional Services And |
The court sets a specific deadline in its decision on the objection. |
This obligation order is the judgment of the court |
which may be modified by the court during the jurisdiction |
keep; and this penalty applies whenever the offender |
The convict is in the control and custody of the adult department |
of the Corrections Department. The provisions of Section |
3-3-3 is intended to be fully part of such a commitment |
written in order of obligation. The competent court should |
Maintain jurisdiction over the item and person until |
he or she will reach the age of 21 unless released sooner. |
However, the Juvenile Justice Department
youth department |
the corrections department supposed after a teenager has |
|
has reached the age of 17, apply to the court to carry out a |
Hearing in accordance with subsection (c) of Section 3-10-7 |
Code.
|
(d) No accused shall be turned over to the Department of |
Corrections to Claim a Fine or Cost.
|
(e) When a court sentences an accused to imprisonment of |
imprisonment at the same time as an earlier and unexpired sentence |
a sentence of imprisonment imposed by a United States district court |
States can take the perpetrator into custody |
Attorney General of the United States. The Attorney General of |
the United States or the authorized representative of the United States |
United States Attorney General, will be equipped with |
the order of commitment of the court imposing a sentence, |
which declaration of commitment should provide that if the |
The perpetrator will be released from federal custody, be it through |
Probation or waiver of sentence must be the offender |
conferred by the mandatory county sheriff to the |
Corrections Department. The court should arrange the division |
to be informed of such judgment at the time of the commitment and |
receive copies of all relevant records |
Sentence.
|
(Quelle: P.A. 83-1362.)
|
Section 30. The Probation and Probation Officer Act reads |
amended by amending Sections 15 and 16.1 as follows:
|
(730 ILCS 110/15)
(from chap. 38, paras. 204-7)
|
Sek. 15. (1) The Illinois Supreme Court may: a |
Department of Probation Services, the purpose of which is said to be |
Development, establishment, publication and enforcement of |
uniform standards for probation services in this state and to |
otherwise implement the intent of this Act. The department can:
|
(a) Determination of qualifications for the main probation |
Officials and other personnel in the probation and court services |
in relation to recruitment, promotion and training.
|
(b) provide timely lists thereof |
|
Applicants whose qualifications meet the regulations |
referred to herein, including all candidates included on this list |
deemed qualified.
|
(c) a means of verifying the conditions for set |
Reimbursement under this law and development of criteria for it |
approved costs for reimbursement.
|
(d) Develop standards and approve employees |
Compensation plans for probation and court services |
departments.
|
(e) employ sufficient staff in the department to |
carry out the tasks of the department.
|
(f) set up and establish a training system |
Standards for staff orientation and training.
|
(g) Develop standards for a system of record |
Collect and compile statistics for cases and programs |
Develop system of unified forms and research for planning |
the probation service.
|
(h) develop standards to ensure adequate support |
Personnel, office space, equipment and supplies, travel |
Expenses and other essential items required for |
Probation and Court Services Departments to carry out their duties |
Tasks.
|
(i) reviewing and approving annual plans submitted by |
Probation and Court Services Departments.
|
(j) monitor and evaluate all programs operated by us |
Probation and Court Services departments and may include |
in the program evaluation criteria such factors as that |
Percentage of suspended sentences for convicted felons |
crimes on probation.
|
(k) seek cooperation between local and state authorities |
and private agencies to improve the quality of probation |
and judicial services.
|
(l) create programs, if any, and |
appropriate standards for the general improvement of |
Improve the quality of probation and court services and lower the rate |
of adult or juvenile offenders turned over to the department |
|
the corrections.
|
(m) establish such other standards and regulations, and |
take all actions necessary to achieve the intention and purpose |
this law.
|
The department creates a sample list of structured |
Intermediate sanctions that may be imposed by a probation |
Agency for violations of the terms of a set of |
Probation, parole or supervision.
|
The State of Illinois will pay for this |
staff, travel, equipment, telecommunications, postage, |
Raw materials, printing, space, contract services and others |
related costs that are necessary to realize the intention of this law.
|
(2) (a) The Chief Justice of each district shall arrange for it |
Full-time probation services for all counties within the |
district, in accordance with the annual probation plan, |
the standards, policies and regulations established by the |
Supreme Court. Licensing district made up of two or more counties |
within a circuit can be created for the purpose of deployment |
Full-time probation service. Any county or group of counties |
A probation department shall be maintained within a county which |
subject to the authority of the county chief judge |
or another judge appointed by the Chief Justice. The boss |
Judge, through the Department of Probation and Court Services |
submits annual plans to the department for approval and |
related services.
|
(b) The chief judge of each circuit appoints the chief |
Probation officers and all other probation officers for him or her |
their placement from lists of qualified applicants provided by the |
Supreme Court. Candidates for the chair of the board and others |
Probation officer positions must be applied for with the boss |
Judges at the District Court and the Supreme Court.
|
(3) A probation and court service office is to be applied for |
The Supreme Court seeks basic service funding and may make an application |
for funds for new and expanded programs or individualized |
Services and Programs. The costs are reimbursed monthly |
on a plan and budget approved by the Supreme Court. NO |
|
The department can be reimbursed for any additional or unrelated costs |
provided for in the approved annual plan and budget. After |
With the enactment of this 1985 Amendment Act, every county must do so |
Provision of basic services according to the annual plan and |
Standards prepared by the department. No department is allowed to receive |
Funds for new or expanded programs or customized services |
and programs if they do not comply with the standards |
listed in subsection (1) paragraph (h) of this section, |
the annual plan and standards for primary care.
|
(4) The department reimburses the district or districts for the costs |
Probation assistance as follows:
|
(a) 100% of the salary of all directors |
designated as such by the Chief Justice and the Department.
|
(b) 100% of salary for all probation officers and |
Supervisors who have been approved for reimbursement by the authority |
Department after April 1, 1984 to meet workload standards |
and to implement intensive sanctions and probation measures |
Supervision programs and other basic services within the meaning of |
this act.
|
(c) 100% of salary for total secure detention |
Approved staff and non-secure group home staff |
Reimbursement after December 1, 1990. For all such |
Entities approved for reimbursement before December 1st, |
In 1990, counties received a monthly reimbursement of $1,250 |
starting July 1, 1995 and an additional $250 per month |
beginning on July 1 of each year, and thereafter until the positions are filled |
Get 100% salary refund. allocation of it |
The positions are based on a comparative needs assessment |
capacity, staff/occupant ratio, physical facilities and |
Program.
|
(d) $1,000 per month for salaries for the remainder |
Probation officer positions in primary care and |
new or enhanced services. All such positions are meant to be |
approved by the Department pursuant to this Act and |
Divisionsstandards.
|
(e) 100% of the travel expenses acc |
|
Department standards approved for all probation positions |
Subparagraph (b) of Subsection 4 of this Section.
|
(f) If the amount of funds returned to the county is |
pursuant to paragraphs (a) to (e) of Subsection 4 |
The annual portion is less than the amount |
The county had received promptly during the 12-month period |
prior to the entry into force of this Amendment Act 1985, |
then the department refunds the amount |
difference to the district. The effect of paragraph (b) of |
Subsection 7 of this section is to be considered |
Implementation of this supplementary reimbursement regulation.
|
(5) The Department makes funds available from April 1st. |
1987 for the counties to offer individual services and |
Programs under Section 16 of this Act.
|
(6) A Department of Probation and Court Services, um |
To be entitled to the refund, you must present it to the Supreme Court |
court a motion containing such information and in such |
form and within such time limits as the Supreme Court may require. |
To be eligible, departments must meet the requirements |
the following conditions:
|
(a) The department must have a file with the colonel |
In court, create an annual probation plan for further, improved |
and new probation and court utilities approved by |
the Supreme Court or its delegate. This plan is intended to specify |
the way probation and court services will be run |
delivered and improved, in line with the minimum |
Probation and Court Standards and Regulations |
Services as determined by the Supreme Court. In counties |
with more than one probation and court services department |
All departments included are eligible |
The county must submit plans that are approved by the colonel |
Focused.
|
(b) The annual probation plan should generally aim for the following |
Improving the quality of probation services and reducing |
adult engagement to andjuven offender the |
Corrections Department and to reduce the commitment of |
|
juvenile offenders to the Department of Juvenile Justice |
and may require coordination with the |
Corrections Department , the youth department |
Justice, and the Department of Children and Family Services |
in the development and use of community resources, |
Information systems, case testing and permanent planning |
Systems to avoid duplication of services.
|
(c) The department must comply with the regulations |
Supreme Court-developed standards for fundamental, new and |
advanced services, training, recruitment and |
Financial support.
|
(d) The department specifies in its annual plan |
the way it supports crime rights |
victims and how Article I is implemented, |
Section 8.1 of the Illinois Constitution and how |
It will coordinate support services for victims of crime |
other law enforcement agencies in their jurisdiction, |
including, but not limited to, the prosecutor, the |
Sheriff and every city police department.
|
(7) No statement may be reviewed by the Supreme Court |
his agent or voucher issued by the auditor, unless each of the |
The following conditions are met:
|
(a) The probation officer is a full-time employee |
appointed by the Chief Justice to provide probation services.
|
(b) The probation officer to be eligible |
State reimbursement, receives a salary of at least |
$17,000 per year.
|
(c) The probation officer is appointed |
reappointed according to minimum qualifications or |
criteria established by the Supreme Court; however all |
Probation officers appointed before January 1, 1978, |
are exempt from the minimum requirements |
set by the Supreme Court. Payments are to be made to |
Counties that employ these part-time probation officers |
as long as they are employed in the official position |
Effective date of this Amendment Act 1985. Promotions |
|
are based on the minimum qualifications set by |
the Supreme Court.
|
(d) The department has a fixed remuneration |
Schedule approved by Supreme Court. Compensation |
The schedule must include the required salary ranges |
Increases in compensation for each employee. The increments |
shall be based on such factors within salary ranges |
as a credible professional qualification, achievement and |
seniority. Every position in the department should be |
included in the remuneration table according to professional duties |
and responsibilities of that position. The politics and |
Compensation plan procedures are to be implemented |
is available to every employee.
|
(8) To obtain full reimbursement of all approved expenses |
Costs, each department must continue to employ at least that |
as many parole officers and parole officers as |
were eligible for employment for the fiscal year that |
includes January 1, 1985. This number is denoted as |
the base amount of the department. None of the approved positions |
The allocation according to paragraph (b) of subsection 4 is included |
in the basic amount. In the event that the department is busy |
fewer parole officers and parole officers than the base |
Amount for a period of 90 days, financed by the |
The division under subsection 4 of this section may be reduced |
monthly in the amount of the current salary of each |
Positions below the base amount.
|
(9) Before the 15th day of each month, the treasurer of each |
County that has a probation and court services department, or |
the treasurer of the most populous county, in the case of one |
Probation or court services are funded by more than one person |
The county must provide a detailed listing of all approved disclosures |
Costs incurred in the delivery of BasicProbation and Court |
Services under this law for the Supreme Court. The treasurer can |
Also submit a detailed statement of all approved costs |
arise in the delivery of new and expanded probation aids and |
court services, as well as individual services and programs. |
|
The Supreme Court or its designee verifies compliance |
of this section and reviews and verifies the monthly statement |
and if they prove correct, they are forwarded to the |
Accountant for payments to the County Treasurer. In the case of |
Payment to a treasurer of the county that is the most populous |
ofcounties share the salary and costs of a probation service and |
The treasurer divides the money in the court administration |
between counties in a manner that reflects the specifics of each county |
Percentage of costs incurred by the department.
|
(10) The District Treasurer must certify receipt of the funds |
according to this section may only be used for maintenance and improvement |
Probation and Court Services. The county or district should |
Remain in compliance with all standards, policies and |
Rules of the Supreme Court. If anytime |
The Supreme Court finds that a county or county is unable |
Compliance will be promptly notified by the Supreme Court |
Chief Justice, District Chief Executive and Court Director |
probation officer of the service. If written after 90 days |
If you find that non-compliance still exists, the Supreme Court will do so |
be obliged to reduce the amount of the monthly reimbursement by |
10% There is an additional 10% reduction in the monthly reimbursement |
occur for each consecutive month of non-compliance. Except as |
provided for in subsection 5 of section 15, County Funding |
begins April 1, 1986. Funds received under this Act |
are used to cover the expenses of the probation service |
including those required under Section 13 of this Act. For |
Only the state budget years 2004, 2005 and 2006 are mandatory |
The conciliation fund can be used for probation assistance |
Departmental expenses, including expenses required under Section 13 |
this law.
|
(11) The respective districts are responsible |
Capital and space costs, ancillary services, office costs, |
Equipment, Telecom, Postage, Goods and |
Press.
|
(12) For purposes of this Act only: Probation Officer |
are considered peace officers. In the exercise of their |
|
official duties, parole officers, sheriffs and police |
Officers can arrest any parole officer anywhere in the state |
who violates any of its terms |
Probation, parole or supervision, viz |
Be the duty of the officer making the arrest to take charge |
probation officers before the competent court |
Probation officer for further orders.
|
(Source: P.A. 93-25, valid 06/20/2003; 93-576, valid 1-1-04; 93-839, |
eff. 30.07.04; 94-91, eff. 7-1-05.)
|
(730 ILCS 110/16.1)
|
Sek. 16.1. Re-implement the Illinois program.
|
(a) The purpose of this section is to encourage this |
deinstitutionalization of juvenile offenders |
Pilot projects in districts or district groups |
Redistribution of state funds from the juvenile detention center |
to local jurisdictions that will create a continuum of |
local, community-based sanctions and treatment alternatives |
for juvenile delinquents who would be imprisoned if they were on the ground |
Services and sanctions did not exist. The allocation of funds |
will be based on a formula that rewards local jurisdictions for doing so |
the establishment or expansion of local alternatives |
detention and demands that they pay to use it |
imprisonment as a sanction. This reallocation of funds takes place |
be done in a manner consistent with the Juvenile Courts Act of |
1987 and the following purposes and policies:
|
(1) Juvenile courts are intended to protect |
community, hold the victims accountable and |
Communities for breaking the law and equipment for youth |
Offenders with the competence to act responsibly and |
productive.
|
(2) Adolescents should at least be treated |
restrictive manner while maintaining security possible |
the community.
|
(3) A continuum of services and penalties of at least |
restrictive to most restrictive should be available |
|
every community.
|
(4) There should be local responsibility and authority |
for the planning, organization and coordination of services |
resources in the community. people in the community can |
It is best to choose a range of services that reflect the community |
Value and meet the needs of their own youth.
|
(5) Adolescents who pose a danger to the community or |
themselves require special care, including secure settings. |
Such services as detention, long-term detention or |
Inpatient treatment is always too expensive |
community and should be coordinated and provided |
regional or national basis.
|
(6) The role of state and local government in creation |
and maintaining services to juveniles in juvenile justice |
The system should be clearly defined. The role of the state is |
to fund services, set standards of care and train services |
providers and monitor their integration and coordination |
Services. The role of local government should be to monitor |
the provision of services.
|
(b) Any county or county participating in the pilot |
The program needs to create a local plan showing how it works |
Reduce the safe use of the county or county |
Juvenile delinquent housing in the Illinois Department of |
juvenile criminal law
corrections or county detention centers through the |
Creation or expansion of customized services or programs |
This may include, but is not limited to:
|
(1) Rating and Rating Services to Provide |
Juvenile justice system with precise individualization of the case |
Information on each juvenile offender, including psychiatric |
health, substance abuse, education and family |
Information;
|
(2) Direct benefits for individual juvenile offenders |
including education, employment, mental health, |
substance abuse, supervision and service coordination; |
And
|
(3) Programs aimed at recovering the offender |
|
community, such as victim committees, juvenile courts, |
capacity building, improved accountability measures, |
compensation and community service. The local plan must be |
oriented in such a way that individualization is emphasized |
Approach to providing services to juvenile delinquents in one |
Integrated community-based system, including probation services |
the intermediary of services. The plan must also set out in detail |
Reduce usage of Secureconfinement.The Local |
The Plan is limited to and may not include Services |
Costs for:
|
(i) capital expenditures;
|
(ii) renovations or alterations;
|
(iii) Personnel costs for probation.
|
The site plan must be submitted to the department |
HumanServices.
|
(c) A county or group of counties may enter into an agreement |
with the Department of Human Services to reduce their number |
Obligations of juvenile offenders, excluding convicted minors |
based on a determination of guilt of first-degree murder or a |
Offense which is a Class X violent crime as defined |
Penal Code of 1961, to the Ministry of juvenile criminal law
|
corrections , and then use the savings for local development |
Programming for young people who would otherwise have gotten involved |
to the department for juvenile criminal law
corrections . the county |
or a group of counties agree to limit their obligations to |
75% of the obligation amount from the average number |
Youth commitments for the last 3 years and get the |
Savings that can be used for local youth programs |
otherwise he would be held in custody. The agreement is closed |
the following:
|
(1) a statement of the number and type of juveniles |
County delinquents held in custody |
Restricted by the Illinois Department of juvenile criminal law
|
corrections orin district custody in the previous year, and |
an explanation of which and how many of these offenders there were |
could be protected by proposed Redeploy Illinois |
|
program for which the funds are to be used;
|
(2) a statement of current service needs |
imprisoned youth;
|
(3) a statement about the nature of the services and programs |
respond to the individual needs of juvenile delinquents, |
and the research or evidence base that qualifies them |
services and programs as best or promising practices;
|
(4) a budget showing the costs of each service provider |
program to be funded under the plan;
|
(5) a summary of contracts and service agreements |
Specification of the treatment goals and the number of adolescents |
criminals that every service provider must serve; And
|
(6) a statement showing that RedeployIllinois |
The program does not duplicate existing services and programs. |
Funding for this plan will not replace the existing county |
sponsored programs.
|
(d) (Read).
|
(e) The Department of Human Services is responsible |
for the following:
|
(1) Review of each Redeploy Illinois program plan |
Compliance with the standards set for such plans.A |
The plan can be approved in the form presented and also approved |
Changes are made or rejected. No plan is taken into account |
Approval if circuit or county does not fully meet requirements |
with all relevant regulations, standards and guidelines |
to provide basic probation services |
by the Supreme Court.
|
(2) Continuous monitoring and evaluation |
annually both the program and its fiscal activities as a whole |
Counties receiving a Redeploy assignment |
Illinois program. Any program or service that has not been fulfilled |
the aims and objectives of his contract or service |
The agreement is subject to denial of funding |
in the coming years. The Department of Human Services aims to |
Rate the effectiveness of Redeploy Illinois |
program in each county or county. When determining the |
|
future funding of the Redeploy Illinois program under this program |
Law must include assessment as the primary indicator |
Successful, a reduced number of delivery days for the |
juvenile delinquents in the county.
|
(f) All Reploy Illinois program assignments will not apply |
intended for and approved by the Department of Human Services |
for redistribution to approved plans for available |
remainder of the financial year. Any county that invests locally |
Funds from the Redeploy Illinois program are awarded first |
Taking into account any redistribution of allocations. |
jurisdictions participating in Redeploy Illinois |
their agreed level of commitments to the Department of |
juvenile criminal law
corrections reimbursed the department for |
Corrections for each obligation that is above the agreed level.
|
(g) Implementation of Redeploy Illinois.
|
(1) Planning phase.
|
(i) Reinstatement of the Illinois Oversight Board. The |
The Department of Human Services convenes one |
The supervisory board is to develop plans for a pilot changeover |
Illinois program. Are, however, not members of the board of directors |
restricted to officers of the Department of youthful |
justice
corrections , the administrative office of |
Illinois Courts, die IllinoisJuvenile Justice |
Commission, die Illinois Criminal Justice Information |
authority, the Department for Children and Family |
Services, State Board of Education, Cook County |
prosecutor and a prosecutor chosen by him |
the President of the Illinois Attorney |
Mortgage.
|
(ii) Redeploy Illinois Responsibilities |
supervisory board. The oversight board should:
|
(A) Identify the jurisdictions to invite to |
Redeploy Illinois' first pilot program.
|
(B) Develop a formula for reimbursement of |
local jurisdictions for local and community based |
Services provided in lieu of the obligation to |
|
Department for juvenile criminal law
corrections , if |
and any local jurisdiction fees |
Obligations above the agreed limit in the |
approved plan.
|
(C) Identify sufficient resources for support |
administering and evaluating Redeploy |
Illinois.
|
(D) Develop a process and identify resources |
to support ongoing monitoring and evaluation |
Reinstate Illinois.
|
(E) Develop a process and identify resources |
to support Redeploy Illinois training.
|
(F) Report to the Governor and the General |
Annual meeting on the progress of |
Redeploy Illinois.
|
(iii) Length of Planning Phase. The planning phase |
may last up to, but in no case longer than |
July 1, 2004.
|
(2) pilot phase. In the second phase of redeploy |
Illinois program, aimed at the Department of Human Services |
implements several pilot programs from Redeploy Illinois in |
Counties or groups of counties as identified by the |
supervisory board. Annual Review of Redeploy Illinois |
The program of the oversight body includes the following: |
Recommendations for future locations for Redeploy Illinois.
|
(Quelle: P.A. 93-641, Booth 12.31.03.)
|
Section 35. The moratorium on private correctional facilities |
The Act is amended by amending Section 3 as follows:
|
(730 ILCS 140/3)
(from chap. 38, para. 1583)
|
Sek. 3. Certain contracts are prohibited. After the Effective Date |
After the date of this law, the state may not enter into contracts with a private individual |
Contractor or private provider for the provision of services |
in connection with the operation of a correctional facility or the |
Detention of persons in the custody of the Ministry of |
|
corrections or the Ministry of Juvenile Justice ; However, |
This law does not apply to (1) government work clearance centers or |
Youth housing facilities that offer separate care |
Special treatment wholly or partly privately operated |
contractors or (2) contracts for ancillary services, including |
medical services, educational services, repair and maintenance |
Contracts or other services not directly related to it |
Owning, managing or operating security services in a |
correctional facility.
|
(Quelle: P.A. 88-680, eff. 1-1-95 .)
|
Section 40. The Line of Duty Compensation Act is amended by |
Amend Section 2 as follows:
|
(820 ILCS 315/2)
(from chap. 48, para. 282)
|
Sek. 2. As used in this Act, unless the context otherwise indicates |
requires:
|
(a) “law enforcement officer” or “official” means any person |
employed by the state or a local government agency as an employee |
Police officer, peace officer, auxiliary police officer or similar |
Position related to law enforcement and protection of |
the public interest at the risk of that person's life. The |
includes supervisors, overseers, superintendents and theirs |
Assistants, Wardens and Wardens, Correctional Officers, Juveniles |
Supervisors, probation officers, school teachers and correctional facilities |
Advisor to all institutions of both teenagers and adults |
departments of Corrections Department and the department |
of juvenile justice , while within the facilities under the |
control of the law enforcement agency or the department for |
juvenile criminal law or when transporting inmates or on wards |
from one place to another or while performing their duties |
Tasks and all other departments of the correctional facility or department for |
juvenile criminal law Staff who have daily contact with inmates.
|
The death of the above employees of the Ministry of |
corrections or the Ministry of Juvenile Justice in order to |
incorporated herein must be intentional, direct or indirect |
|
Action of an inmate, ward, layoff, probation officer, probation officer |
Perpetrator, person under parole or any other person |
was convicted, committed or otherwise subject to imprisonment |
or to the correctional facility or the department for |
juvenile criminal law .
|
(b) “Firefighter” means any person employed by the State or: a |
Local authority as a member or otherwise serve as a member |
or officer of a fire department either for the purpose |
Preventing or fighting fires or underwater salvage |
Drowning victims including volunteer firefighters.
|
(c) "Local Government Unit" includes counties, |
Municipalities and municipal bodies.
|
(d) “State” means the State of Illinois and its |
departments, departments, committees, offices, commissions, |
Authorities and colleges and universities.
|
(e) "Killed in the line of duty" means losing one's life |
a consequence of an injury sustained in the active performance of duties |
as a police officer, civil defense worker, civil aviation officer |
Patrol officer, paramedic, firefighter or chaplain in case of death |
occurs within one year from the date the breach occurred |
and if that injury was caused by violence or another accident |
Cause. In the case of a government employee who was "killed in line". |
“Duty” means loss of life as a result of injury suffered |
the active performance of duties as a government official when |
death occurs within one year from the date of injury |
received and if such breach resulted from an intentional act of |
Violence by another government official committed during this period |
Employment history of the worker and after January 1, 1988. The |
The term excludes death resulting from willful misconduct or |
Officer's intoxication, civil defense workers, civil aviation |
Patrolman, paramedic, firefighter, chaplain or state |
Employees. However, the burden of proof lies with such intent |
Officer misconduct or drunkenness, civil defense |
Laborer, Civilian Air Patrol Member, Paramedic, Firefighter, Chaplain, |
or civil servant is with the Attorney General. Subject to the |
Conditions under subsection (a) with respect to |
|
Recording under this Act of the Department of Corrections And |
Juvenile Justice Department employees described therein |
Subsection For purposes of this Act, cases where a |
Police officer sustains injury while on active duty |
A law enforcement officer's duties include, however |
are not limited to cases where:
|
(1) The damage is due to an intentional act |
of violence not committed by the officer and a |
There is a relationship between the commission of such an act and |
the fulfillment by the official of his duties as law |
Enforcement officer, whether or not the injury has been suffered |
while the officer is on duty as a police officer;
|
(2) The injury is suffered by the official during the |
The officer tries to prevent the inspection of one |
criminal act by another or an attempt to arrest someone |
person whom the officer suspects has committed a crime, |
whether or not the injury occurred during the officer's stay |
on duty as a police officer;
|
(3) The injury is sustained by the official while the |
Official is traveling to or from his position as a lawyer |
prison officer or during a meal break or otherwise |
Pause that takes place during the period in which the |
The officer is on duty as a police officer.
|
In the case of a member of the Wehrmacht, "killed in line". |
“on duty” means losing your life on active duty |
connection with the terrorist attacks of September 11, 2001 |
United States, Operation Enduring Freedom or Operation Iraqi |
Freedom.
|
(f) “Volunteer Firefighter” means a person who has a supervisor |
Employment other than as a firefighter, but who's born on that |
A regularly formed fire brigade roles for either the |
Purpose of preventing or controlling fire or underwater |
Rescuing drowning victims whose members are subordinate |
the jurisdiction of the municipal authorities, |
village, incorporated city or fire district, and |
This includes a volunteer member of an organized fire brigade |
|
under the General Not for Profit Corporation Act |
July 17, 1943, as amended or hereafter set forth below |
Contract with every town, every village, every incorporated town, every hearth |
to protect the protected area or people living in it from fire |
combat services. "Volunteer Firefighter" does not mean one |
Individual who volunteers to help without being a regular |
registered as a firefighter.
|
(g) "Civil Defense Worker" means any person employed by the |
Serving as or otherwise serving State or a local government agency |
as, a member of the civil defense forces, including volunteers |
Civil defense workers who work in the service of the public |
Interest in times of disaster, be it natural disasters or |
man made.
|
(h) “Civil Air Patrol Member” means any person employed by |
the state or a local government agency or otherwise |
acts as a member of the organization commonly known as |
"Civil Air Patrol", including honorary members of the |
Organization commonly known as the Civil Air Patrol.
|
(i) “Paramedic” means an emergency medical practitioner |
Illinois Department of Certified Technician-Paramedic |
Public Health as part of the Emergency Medical Services (EMS) |
Systems Act and all other emergency medical personnel |
are certified by the Illinois Department of Public Health |
Members of an organized body or a not-for-profit body |
under the jurisdiction of a town, village, incorporated town, |
Fire protection district or county that caters for emergencies |
medical treatment of persons in a specific geographic area.
|
(j) “Government Employee” means any employee as defined in |
Section 14-103.05 of the Illinois Pension Code, as now or |
modified below.
|
(k) “Chaplain” means a person who:
|
(1) is a chaplain of (i) a fire department or (ii) a |
Police Department or other statutory authority |
law enforcement officers; And
|
(2) was appointed chaplain by (i) thefire |
department, police or other authority or a |
|
Official or body responsible for the department or |
Agency or (ii) a labor organization representing the |
firefighters or police officers.
|
(l) “Armed Forces Personnel” means a resident of Illinois who |
is: a member of the United States Armed Forces; a member |
the Illinois National Guard during his active military service |
pursuant to an order of the President of the United States; or |
a member of a reserve component of the Armed Forces of the |
United States while on active military service pursuant to a |
Order of the President of the United States.
|
(Quelle: P.A. 93-1047, Stand 18.10.04; 93-1073, Stand 18.10.05.)
|