(55 ILCS 5/Div. 3-15 heading) Division 3-15.
County Department of Corrections
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(55 ILCS 5/3-15001) (from Ch. 34, par. 3-15001)
Sec. 3-15001.
Subtitle.
This Division shall be subtitled
the County Department of Corrections Law.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-15002) (from Ch. 34, par. 3-15002)
Sec. 3-15002.
Creation.
In any county having more than 1,000,000
inhabitants, there is created within the office of the Sheriff a Department
of Corrections, referred to in this Division as the "Department".
(Source: P.A. 86-962; 87-895.)
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(55 ILCS 5/3-15003) (from Ch. 34, par. 3-15003)
Sec. 3-15003.
Powers and duties.
Under the direction of the Sheriff
the Department shall have the powers and duties enumerated as follows:
(a) To operate and have jurisdiction over the county jail, municipal
houses of correction within the county and any other penal, corrections or
prisoner diagnostic center facility operated by either the county jail or
municipal houses of correction.
(b) To have charge of all prisoners held in any institution, center or
other facility in the county over which it has jurisdiction under
subsection (a) of this Section, whether they are misdemeanants, felons,
persons held for trial, persons held in protective custody, persons held
for transfer to other detention facilities or persons held for non-payment
of fines, for violations of ordinances or any other quasi-criminal charges.
Nothing in this Division applies to minors subject to proceedings under the
Juvenile Court Act of 1987. It may transfer or recommit any prisoner
from one institution, center or other such facility to any other
institution, center or other facility whenever it determines that such
transfer or recommitment would promote the welfare or rehabilitation of the
prisoner, or that such transfer or recommitment is necessary to relieve
overcrowding.
(c) To establish diagnostic, classification and rehabilitation services
and programs at the county jail and such other facilities over which it has
jurisdiction under subsection (a) of this Section as may be appropriate.
(d) To establish, whenever feasible, separate detention and commitment
facilities and utilize the facilities over which it has jurisdiction under
subsection (a) of this Section in a manner which provides separate
detention and commitment facilities.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-15003.3) Sec. 3-15003.3. Voter registration; county jails. Upon discharge of a person who is eligible to vote from a county jail, the county jail shall provide the person with a voter registration application. Each election authority shall collaborate with the county jail within the jurisdiction of the election authority to facilitate voter registration for voters eligible to vote in that county who are confined or detained in the county jail. A county jail shall provide a voter registration application to any person in custody at the jail who requests an application and is eligible to vote.
(Source: P.A. 101-442, eff. 1-1-20 .) |
(55 ILCS 5/3-15003.4) Sec. 3-15003.4. Voting rights; county jails; probation offices. (a) Each county jail and county probation office shall make available current resource materials, maintained by the Illinois State Board of Elections, containing detailed information regarding the voting rights of a person with a criminal conviction in print. (b) The current resource materials described under subsection (a) shall be provided: (1) upon discharge of a person from a county jail; and (2) upon intake of a person by a county probation | ||
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(Source: P.A. 101-442, eff. 1-1-20 .) |
(55 ILCS 5/3-15003.5)
Sec. 3-15003.5.
County impact incarceration
program.
(a) Under the direction of the Sheriff and with the
approval of the County Board of Commissioners, the Sheriff
in any county
with more than 3,000,000 inhabitants, shall have the power to operate a
county impact
incarceration program for persons eligible for a term of imprisonment, but
sentenced to a county impact incarceration program by the sentencing court. In order to be eligible to participate in a county impact
incarceration program, a person convicted of a felony
shall
meet the requirements set forth in
subsection (b) of Section 5-8-1.2 of the Unified Code of
Corrections.
(b) (Blank).
(c) The Sheriff, with the approval of the County Board of
Commissioners,
shall have the power to enter into intergovernmental cooperation agreements
with the Illinois Department of Corrections under which persons in the custody
of the Illinois Department may participate in the county
impact
incarceration program. No person shall be eligible for participation who does
not meet the criteria set forth in subsection (b) of Section 5-8-1.1 of the
Unified Code of
Corrections.
Offenders committed to the Illinois Department of Corrections who
successfully complete the county impact incarceration
program shall have their sentence reduced to time considered served upon
certification to the Court by the Illinois Department of Corrections that the
offender has successfully completed the program.
(Source: P.A. 88-469; 89-587, eff. 7-31-96.)
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(55 ILCS 5/3-15003.6)
Sec. 3-15003.6. Pregnant female prisoners. (a) Definitions. For the purpose of this Section and Sections 3-15003.7, 3-15003.8, 3-15003.9, and 3-15003.10: (1) "Restraints" means any physical restraint or | ||
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(2) "Labor" means the period of time before a birth | ||
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(3) "Post-partum" means, as determined by her | ||
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(4) "Correctional institution" means any entity under | ||
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(5) "Corrections official" means the official that is | ||
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(6) "Prisoner" means any person incarcerated or | ||
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(7) "Extraordinary circumstance" means an | ||
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(b) A county department of corrections shall not apply security restraints to a prisoner that has been determined by a qualified medical professional to be pregnant and is known by the county department of corrections to be pregnant or in postpartum recovery, which is the entire period a woman is in the medical facility after birth, unless the corrections official makes an individualized determination that the prisoner presents a substantial flight risk or some other extraordinary circumstance that dictates security restraints be used to ensure the safety and security of the prisoner, her child or unborn child, the staff of the county department of corrections or medical facility, other prisoners, or the public. The protections set out in clauses (b)(3) and (b)(4) of this Section shall apply to security restraints used pursuant to this subsection. The corrections official shall immediately remove all restraints upon the written or oral request of medical personnel. Oral requests made by medical personnel shall be verified in writing as promptly as reasonably possible. (1) Qualified authorized health staff shall have | ||
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(2) Whenever therapeutic restraints are used by | ||
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(3) Leg irons, shackles or waist shackles shall not | ||
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(4) When a pregnant or postpartum prisoner must be | ||
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(5) Upon the pregnant prisoner's entry into a | ||
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(6) The county department of corrections shall | ||
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(7) Where the county department of corrections | ||
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(8) Upon discharge from a medical facility, | ||
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(c) Enforcement.
No later than 30 days before the end of each fiscal year, the county sheriff or corrections official of the correctional institution where a pregnant prisoner has been restrained during that previous fiscal year, shall submit a written report to the Illinois General Assembly and the Office of the Governor that includes an account of every instance of prisoner restraint pursuant to this Section. The written report shall state the date, time, location and rationale for each instance in which restraints are used. The written report shall not contain any individually identifying information of any prisoner. Such reports shall be made available for public inspection.
(Source: P.A. 100-513, eff. 1-1-18; 101-652, eff. 7-1-21 .)
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(55 ILCS 5/3-15003.7) Sec. 3-15003.7. Corrections official training related to pregnant prisoners. (a) A county department of corrections shall provide training relating to medical and mental health care issues applicable to pregnant prisoners to: (1) each corrections official employed by a county | ||
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(2) any other county department of corrections | ||
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(b) The training must include information regarding: (1) appropriate care for pregnant prisoners; and (2) the impact on a pregnant prisoner and the | ||
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(A) the use of restraints; (B) placement in administrative segregation; and (C) invasive searches.
(Source: P.A. 101-652, eff. 7-1-21 .) |
(55 ILCS 5/3-15003.8) Sec. 3-15003.8. Educational programming for pregnant prisoners. The Illinois Department of Public Health shall provide the county department of corrections with educational programming relating to pregnancy and parenting and the county department of corrections shall provide the programming to pregnant prisoners. The programming must include instruction regarding: (1) appropriate prenatal care and hygiene; (2) the effects of prenatal exposure to alcohol and | ||
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(3) parenting skills; and (4) medical and mental health issues applicable to | ||
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(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.) |
(55 ILCS 5/3-15003.9) Sec. 3-15003.9. Prisoner post-partum recovery requirements. A county department of corrections shall ensure that, for a period of 72 hours after the birth of an infant by a prisoner: (1) the infant is allowed to remain with the | ||
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(2) the prisoner has access to any nutritional or | ||
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(Source: P.A. 101-652, eff. 7-1-21 .) |
(55 ILCS 5/3-15003.10) Sec. 3-15003.10. Housing requirements applicable to pregnant prisoners. (a) A county department of corrections may not place in administrative segregation a prisoner who is pregnant or who gave birth during the preceding 30 days unless the director of the county department of corrections or the director's designee determines that the placement is necessary based on a reasonable belief that the prisoner will harm herself, the prisoner's infant, or any other person or will attempt escape. (b) A county department of corrections may not assign a pregnant prisoner to any bed that is elevated more than 3 feet above the floor.
(Source: P.A. 101-652, eff. 7-1-21 .) |
(55 ILCS 5/3-15004)
Sec. 3-15004. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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(55 ILCS 5/3-15005)
Sec. 3-15005. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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(55 ILCS 5/3-15006)
Sec. 3-15006. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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(55 ILCS 5/3-15007)
Sec. 3-15007. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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(55 ILCS 5/3-15008)
Sec. 3-15008. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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(55 ILCS 5/3-15009)
Sec. 3-15009. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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(55 ILCS 5/3-15010)
Sec. 3-15010. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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(55 ILCS 5/3-15011)
Sec. 3-15011. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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(55 ILCS 5/3-15012) (from Ch. 34, par. 3-15012)
Sec. 3-15012. Director. The Sheriff shall appoint a Director to act as the
chief executive and administrative officer of the Department. The Director
shall be appointed by the Sheriff with the advice and consent of the county board. He or she shall serve at the pleasure of the Sheriff.
If the Director is removed, the Sheriff shall appoint his or her replacement with the advice and consent of the county board. The Director's
compensation is determined by the County Board.
(Source: P.A. 95-448, eff. 1-1-08.)
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(55 ILCS 5/3-15013) (from Ch. 34, par. 3-15013)
Sec. 3-15013.
Employees.
The number of employees of the Department
shall be fixed by order of the judges of the circuit court of the county.
The compensation of such employees shall be such as authorized by the
County Board. All employees are subject to "An Act in relation to County
Police Departments in certain counties, creating a County Police Department
Merit Board and defining its powers and duties", approved August 5, 1963,
as now or hereafter amended (repealed).
(Source: P.A. 86-962.)
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(55 ILCS 5/3-15014) (from Ch. 34, par. 3-15014)
Sec. 3-15014.
Annual budget recommendations.
The members of the Board
shall recommend an annual budget to the Sheriff.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-15015) (from Ch. 34, par. 3-15015)
Sec. 3-15015.
Appropriations.
The County Board must appropriate and
provide funds for the necessary ordinary and contingent cost incurred by
the office of the Sheriff in the performance of its powers, duties and
functions under this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-15016) (from Ch. 34, par. 3-15016)
Sec. 3-15016.
Liability for expenses.
The County Board may require
convicted persons confined in a facility of the Department to reimburse the
county for the expenses incurred by their confinement to the extent of
their ability to pay for such expenses. The State's attorney of the county
in which the facility is located, if authorized by the County Board, may
institute civil actions to recover from such convicted confined persons the
expenses incurred by their confinement. Such expenses recovered shall be
paid into the county treasury.
An arresting authority shall be responsible for any incurred medical
expenses relating to the arrestee until such time as the arrestee is placed
in the custody of the sheriff. However, the arresting authority shall not
be so responsible if the arrest was made pursuant to a request by the Sheriff.
For the purposes of this Section, "arresting authority" means a unit of
local government, other than a county, which employs peace officers and
whose peace officers have made the arrest of a person.
For the purposes of this Section, "medical expenses relating to the
arrestee" means only those expenses incurred for medical care or treatment
provided to an arrestee on account of an injury suffered by the arrestee
during the course of his arrest; the term does not include any expenses
incurred for medical care or treatment provided to an arrestee on account
of a health condition of the arrestee which existed prior to the time of
his arrest.
(Source: P.A. 86-962; 86-1028.)
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