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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/3-6021
(55 ILCS 5/3-6021) (from Ch. 34, par. 3-6021)
Sec. 3-6021.
Conservator of the peace.
Each sheriff shall be
conservator of the peace in his or her county, and shall prevent crime and
maintain the safety and order of the citizens of that county; and may arrest
offenders on view, and cause them to be
brought before the proper court for trial or examination.
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
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55 ILCS 5/3-6022
(55 ILCS 5/3-6022) (from Ch. 34, par. 3-6022)
Sec. 3-6022.
Posse comitatus.
To keep the peace, prevent crime, or
to execute any warrant, process, order or judgment he or she may call to
his or her aid, when necessary, any person or the power of the county.
(Source: P.A. 86-962.)
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55 ILCS 5/3-6023
(55 ILCS 5/3-6023) (from Ch. 34, par. 3-6023)
Sec. 3-6023. Attendance at courts. Each sheriff shall, in person or by
deputy, county corrections officer, or court security officer, attend upon
all courts held in his or her county when in session, and obey the lawful
orders and directions of the court, and shall maintain the security of the
courthouse. Court services customarily performed by sheriffs shall be provided
by the sheriff or his or her deputies, county corrections officers, or
court security officers, rather than by employees of the court, unless there
are no deputies, county corrections officers, or court security officers
available to perform such services. The expenses of the sheriff in carrying
out his or her duties under this Section, including the compensation of
deputies, county corrections officers, or court security officers assigned
to such services, shall be paid to the county from fees collected pursuant to
court order for services of the sheriff and from any court services fees
collected by the county under the Criminal and Traffic Assessment Act.
(Source: P.A. 100-987, eff. 7-1-19 .)
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55 ILCS 5/3-6024
(55 ILCS 5/3-6024) (from Ch. 34, par. 3-6024)
Sec. 3-6024.
Disability to hold other offices.
No sheriff or deputy
sheriff shall be eligible to the office of county treasurer, nor shall any
county treasurer be permitted to act as deputy sheriff.
(Source: P.A. 86-962.)
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55 ILCS 5/3-6025
(55 ILCS 5/3-6025) (from Ch. 34, par. 3-6025)
Sec. 3-6025.
No practice as attorney or security for another.
No sheriff or deputy sheriff shall appear in any court as
attorney at law for any party, or become security for any person in
any civil or criminal action or proceeding.
(Source: P.A. 86-962.)
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55 ILCS 5/3-6026
(55 ILCS 5/3-6026) (from Ch. 34, par. 3-6026)
Sec. 3-6026.
No purchase of property at own sale.
No sheriff
or deputy sheriff shall become the purchaser, nor procure any other person
to become the purchaser for him or her, of any property, real or personal,
by him or her exposed to sale, by virtue of any judgment or process; and
all such purchases made by any sheriff or deputy sheriff, or by any other
person in his or her behalf, shall be absolutely null and void.
(Source: P.A. 86-962.)
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55 ILCS 5/3-6027
(55 ILCS 5/3-6027) (from Ch. 34, par. 3-6027)
Sec. 3-6027.
Penalty for neglect to pay over money collected.
If any sheriff unreasonably neglects to pay any money collected by
him on execution, fee bill or process, when demanded by the person entitled
to receive the same, he may be proceeded against in the court from which
the execution, fee bill or process issued, as for a contempt; and he shall
also forfeit to the person injured five times the lawful interest of the
money, from the time of the demand until paid, which may be recovered by
action upon his bond, or against the sheriff alone, in any court of
competent jurisdiction.
(Source: P.A. 86-962.)
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55 ILCS 5/3-6028
(55 ILCS 5/3-6028) (from Ch. 34, par. 3-6028)
Sec. 3-6028.
Delivery of papers and property to successor.
When a sheriff leaves his or her office he or she shall deliver
to his or her successor all process, paper and property attached
or levied upon except such as he or she is authorized by law to
retain, and also the possession of the court house and jail of
his or her county, and shall take from his or her successor a
receipt, specifying the papers and property so delivered over,
and the prisoners in custody, if any--which receipt shall be
sufficient indemnity to the person taking the same.
(Source: P.A. 86-962.)
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55 ILCS 5/3-6029
(55 ILCS 5/3-6029) (from Ch. 34, par. 3-6029)
Sec. 3-6029.
Completion of collections.
Every sheriff leaving his or
her office at the expiration of his or her term, and having any judgment or
fee bill which he or she may have levied but not collected, or any tax list
uncollected, and which he or she is authorized to collect, may proceed and
collect the same in the same manner as if his or her term of office had not
expired.
(Source: P.A. 86-962.)
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55 ILCS 5/3-6030
(55 ILCS 5/3-6030) (from Ch. 34, par. 3-6030)
Sec. 3-6030.
Vacancy; power of deputies.
In case of a vacancy in the
office of sheriff, every deputy in office under him or her having a process
in his or her possession at the time such vacancy happens, shall have the
same authority and be under the same obligation to serve, execute and
return the same as if the sheriff had continued in office.
Any vacancy occurring in the office of sheriff shall be filled as
provided in The Election Code.
In counties of over 2,000,000 inhabitants, until a vacancy in the
office of sheriff is filled as provided in The Election Code, the
undersheriff shall be the acting sheriff with all the powers and duties
of a sheriff.
(Source: P.A. 86-962; 86-1028.)
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55 ILCS 5/3-6031
(55 ILCS 5/3-6031) (from Ch. 34, par. 3-6031)
Sec. 3-6031.
Sheriff in military service.
If any sheriff enters
into the active military service of the United States, the office of
sheriff shall not be deemed to be vacant during the time the sheriff is in
such service, and the sheriff shall designate a deputy sheriff as acting
sheriff who shall perform and discharge all the duties of sheriff of such
county during the time such sheriff is in the active military service of
the United States, but all powers and duties of such acting sheriff as
sheriff shall cease upon the discharge of the sheriff from such service or
upon the termination of the term of office for which the sheriff was
elected. A certificate of such designation containing the name of the
designated deputy and the date of the appointment, signed and acknowledged
by the sheriff, shall be filed in the office of the circuit clerk of the
county on the date of the designation.
(Source: P.A. 86-962.)
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55 ILCS 5/3-6032
(55 ILCS 5/3-6032) (from Ch. 34, par. 3-6032)
Sec. 3-6032.
Minor identification and protection.
The sheriff
of each county shall comply with the requirements of Section 3 of the Minor
Identification and Protection Act.
(Source: P.A. 86-962.)
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55 ILCS 5/3-6033
(55 ILCS 5/3-6033) (from Ch. 34, par. 3-6033)
Sec. 3-6033. Citizenship and residence. The
sheriff of any county or the corporate
authorities of any municipality may authorize, empower, employ, or
permit a person to act as deputy sheriff or special policeman for the
purpose of preserving the peace who is a citizen of the United States, who is legally authorized under federal law to work in the United States and is authorized under federal law to obtain, carry, or purchase or otherwise possess a firearm, or who is an individual against whom immigration action has been deferred by the U.S. Citizenship and Immigration Services under the federal Deferred Action for Childhood Arrivals (DACA) process and is authorized under federal law to obtain, carry, or purchase or otherwise possess a firearm.
(Source: P.A. 103-357, eff. 1-1-24 .)
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55 ILCS 5/3-6034
(55 ILCS 5/3-6034) (from Ch. 34, par. 3-6034)
Sec. 3-6034.
Violations.
Any sheriff or public officer violating the
provision of Section 3-6033 shall be deemed guilty of a petty offense.
(Source: P.A. 86-962.)
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55 ILCS 5/3-6035
(55 ILCS 5/3-6035) (from Ch. 34, par. 3-6035)
Sec. 3-6035.
Supervisor of Safety.
The office of Supervisor of Safety
is hereby created for each county to be held by the Sheriff of the county.
(Source: P.A. 86-962.)
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55 ILCS 5/3-6036
(55 ILCS 5/3-6036) (from Ch. 34, par. 3-6036)
Sec. 3-6036.
Powers and duties of Supervisor of Safety.
The Supervisor of Safety shall enforce all the laws of this State
and, within the municipalities in his county, the ordinances of such
municipalities relating to the regulation of motor vehicle traffic and
the promotion of safety on public highways. The Supervisor of Safety
shall advise the county board as to contracts negotiated regulating
traffic of parking areas of schools, hospitals, commercial and industrial
facilities, shopping centers and
apartment complexes outside any municipality of said county, and shall
act as its representative and agent in connection with the execution of
such contracts. In those instances where contracts are being negotiated
between municipalities and schools, hospitals, commercial and industrial
facilities, shopping centers and
apartment complexes outside the corporate limits, the Supervisor of
Safety shall advise the county board. All such contracts shall be
negotiated in the manner of section 11-209 of The Illinois Vehicle
Code. Subject to the approval
of the county board, the Supervisor of Safety may appoint assistants to
aid him in carrying out his duties. The Supervisor of Safety shall
cooperate with the State and Federal governments and agencies thereof in
programs designed to promote safety on highways.
The Supervisor of Safety in counties of less than 1,000,000 inhabitants
may enter into cooperative contractual agreements with school districts in
his county, under which the school district hires, compensates and is
liable for one or more school crossing guards, and the Supervisor of
Safety, as sheriff of the county, appoints any such guard as an auxiliary
deputy, in the manner and under the terms of Sections 3-6001 through
3-6032.
This Section is not a prohibition upon the contractual and associational
powers granted by Article VII, Section 10 of the Illinois Constitution.
(Source: P.A. 90-145, eff. 1-1-98; 90-481, eff. 8-17-97.)
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55 ILCS 5/3-6037
(55 ILCS 5/3-6037) (from Ch. 34, par. 3-6037)
Sec. 3-6037.
Salary of Supervisor of Safety.
The county board may allow the
Supervisor of Safety an annual salary in an amount determined by the board.
The salary determined under this Section shall be
without regard to and separate from the salary that may be
fixed by the county board for the Sheriff, and it shall be payable out of
the County Treasury.
(Source: P.A. 92-616, eff. 7-8-02.)
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55 ILCS 5/3-6038
(55 ILCS 5/3-6038)
Sec. 3-6038. County impact incarceration program.
(a) With the approval of the county board, the sheriff in any
county with 3,000,000 or fewer inhabitants may operate an impact incarceration program for persons who would otherwise be
sentenced to serve a term of imprisonment. In order to be eligible to
participate in the impact incarceration program, a person convicted of a felony
or a misdemeanor must meet the requirements set forth in subsection (b) of
Section 5-8-1.1 of the Unified Code of Corrections.
(b) The impact incarceration program shall include, among other matters,
mandatory physical training and labor, military formation and drills,
regimented activities, uniformity of dress and appearance, and drug or other
counseling where appropriate.
(c) Participation in the impact incarceration program by a committed person
serving a sentence for a misdemeanor shall be for a period of at least 7 days
for each 30 days of his or her term of imprisonment as set forth by the court
in its sentencing order. If the sentence of imprisonment is less than 30 days,
participation in the impact incarceration program shall be for a period
as determined by the court.
Participation in the impact incarceration program by a committed person
serving a sentence for a felony, including a person transferred from the
Illinois Department of Corrections under subsection (f), shall be for a period
of 120 to 180 days.
The period of time a committed person shall serve in the impact incarceration
program shall not be reduced by the accumulation of good time.
(d) The committed person shall serve a term of mandatory supervised release
as set forth in subsection (d) of Section 5-8-1 of the Unified Code of Corrections, if otherwise applicable.
(e) If the sheriff accepts the offender in the program and determines
that the offender has successfully completed the impact incarceration program,
the sentence shall be reduced to time considered served upon certification to
the court by the sheriff that the offender has successfully completed the
program. In the event the offender is not accepted for placement in the impact
incarceration program or the offender does not successfully complete the
program, his or her term of imprisonment shall be as set forth by the court in
its sentencing order.
(f) The sheriff, with the approval of the county board,
shall have the power to enter into intergovernmental cooperation agreements
with the Illinois Department of Corrections under which persons in the custody
of the Illinois Department may participate in the county impact
incarceration program. No person shall be eligible for participation who does
not meet the criteria set forth in subsection (b) of Section 5-8-1.1 of the
Unified Code of Corrections. An offender who successfully completes the county
impact incarceration program shall have his or her sentence reduced to time
considered served upon certification to the court by the Illinois Department of
Corrections that the offender has successfully completed the program.
(g) The sheriff, with the approval of the county board, shall have the
power to enter into intergovernmental agreements with the Illinois Department
of Corrections to receive funding, land, services, equipment, or any other form
of economic contribution for construction, operation, and maintenance of a
regional impact incarceration program that serves 2 or more counties.
(Source: P.A. 96-328, eff. 8-11-09.)
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