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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.

CORRECTIONS
(730 ILCS 5/) Unified Code of Corrections.

730 ILCS 5/3-2-9

    (730 ILCS 5/3-2-9) (from Ch. 38, par. 1003-2-9)
    Sec. 3-2-9. Each fiscal year, the Department shall prepare and submit to the clerk of the circuit court a financial impact statement that includes the estimated annual and monthly cost of incarcerating an individual in a Department facility and the estimated construction cost per bed. The estimated annual cost of incarcerating an individual in a Department facility shall be derived by taking the annual expenditures of Department of Corrections facilities and all administrative costs and dividing the sum of these factors by the average annual inmate population of the facilities. All statements shall be made available to the public for inspection and copying.
(Source: P.A. 97-1083, eff. 8-24-12.)

730 ILCS 5/3-2-10

    (730 ILCS 5/3-2-10)
    Sec. 3-2-10. Badges. The Director must authorize to each correctional officer and parole officer and to any other employee of the Department exercising the powers of a peace officer a distinct badge that, on its face, (i) clearly states that the badge is authorized by the Department and (ii) contains a unique identifying number. No other badge shall be authorized by the Department.
(Source: P.A. 91-883, eff. 1-1-01.)

730 ILCS 5/3-2-10.5

    (730 ILCS 5/3-2-10.5)
    Sec. 3-2-10.5. Retiring security employees and parole agents; purchase of service firearm and badge. The Director shall establish a program to allow a security employee or parole agent of the Department who is honorably retiring in good standing to purchase either one or both of the following: (1) any badge previously issued to the security employee or parole agent by the Department; or (2) if the security employee or parole agent has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the security employee or parole agent by the Department. The badge must be permanently and conspicuously marked in such a manner that the individual who possesses the badge is not mistaken for an actively serving law enforcement officer. The cost of the firearm shall be the replacement value of the firearm and not the firearm's fair market value.
(Source: P.A. 102-719, eff. 5-6-22.)

730 ILCS 5/3-2-11

    (730 ILCS 5/3-2-11)
    Sec. 3-2-11. Web link to Department of Public Health information. On the Department's official Web site, the Department shall provide a link to the information provided to persons committed to the Department and those persons' family members and friends by the Department of Public Health pursuant to Section 2310-321 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Implementation of this Section is subject to appropriation.
(Source: P.A. 94-629, eff. 1-1-06.)

730 ILCS 5/3-2-12

    (730 ILCS 5/3-2-12)
    Sec. 3-2-12. Report of violence in Department of Corrections institutions and facilities; public safety reports.
    (a) The Department of Corrections shall collect and report:
        (1) data on a rate per 100 of committed persons
    
regarding violence within Department institutions and facilities as defined under the terms, if applicable, in 20 Ill. Adm. Code 504 as follows:
            (A) committed person on committed person assaults;
            (B) committed person on correctional staff
        
assaults;
            (C) dangerous contraband, including weapons,
        
explosives, dangerous chemicals, or other dangerous weapons;
            (D) committed person on committed person fights;
            (E) multi-committed person on single committed
        
person fights;
            (F) committed person use of a weapon on
        
correctional staff;
            (G) committed person use of a weapon on
        
committed person;
            (H) sexual assault committed by a committed
        
person against another committed person, correctional staff, or visitor;
            (I) sexual assault committed by correctional
        
staff against another correctional staff, committed person, or visitor;
            (J) correctional staff use of physical force;
            (K) forced cell extraction;
            (L) use of oleoresin capsaicin (pepper spray),
        
2-chlorobenzalmalononitrile (CS gas), or other control agents or implements;
            (M) committed person suicide and attempted
        
suicide;
            (N) requests and placements in protective
        
custody; and
            (O) committed persons in segregation, secured
        
housing, and restrictive housing; and
        (2) data on average length of stay in segregation,
    
secured housing, and restrictive housing.
    (b) The Department of Corrections shall collect and report:
        (1) data on a rate per 100 of committed persons
    
regarding public safety as follows:
            (A) committed persons released directly from
        
segregation secured housing and restrictive housing to the community;
            (B) the types of housing facilities, whether
        
private residences, transitional housing, homeless shelters, or other, to which committed persons are released from Department correctional institutions and facilities;
            (C) committed persons in custody who have
        
completed evidence-based programs, including:
                (i) educational;
                (ii) vocational;
                (iii) chemical dependency;
                (iv) sex offender treatment; or
                (v) cognitive behavioral;
            (D) committed persons who are being held in
        
custody past their mandatory statutory release date and the reasons for their continued confinement;
            (E) parole and mandatory supervised release
        
revocation rate by county and reasons for revocation; and
            (F) committed persons on parole or mandatory
        
supervised release who have completed evidence-based programs, including:
            (A) educational;
            (B) vocational;
            (C) chemical dependency;
            (D) sex offender treatment; or
            (E) cognitive behavioral; and
        (2) data on the average daily population and vacancy
    
rate of each Adult Transition Center and work camp.
    (c) The data provided under subsections (a) and (b) of this Section shall be included in the Department of Corrections quarterly report to the General Assembly under Section 3-5-3.1 of this Code and shall include an aggregate chart at the agency level and individual reports by each correctional institution or facility of the Department of Corrections.
    (d) The Director of Corrections shall ensure that the agency level data is reviewed by the Director's executive team on a quarterly basis. The correctional institution or facility's executive team and each chief administrative officer of the correctional institution or facility shall examine statewide and local data at least quarterly. During these reviews, each chief administrative officer shall:
        (1) identify trends;
        (2) develop action items to mitigate the root causes
    
of violence; and
        (3) establish committees at each correctional
    
institution or facility which shall review the violence data on a quarterly basis and develop action plans to reduce violence. These plans shall include a wide range of strategies to incentivize good conduct.
(Source: P.A. 100-907, eff. 1-1-19; 101-81, eff. 7-12-19.)

730 ILCS 5/3-2-13

    (730 ILCS 5/3-2-13)
    Sec. 3-2-13. Possession of a Firearm Owner's Identification Card. The Department of Corrections shall not make possession of a Firearm Owner's Identification Card a condition of continued employment as a Department employee authorized to possess firearms if the employee's Firearm Owner's Identification Card is revoked or seized because the employee has been a patient of a mental health facility and the employee has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Nothing is this Section shall otherwise impair the Department's ability to determine an employee's fitness for duty. A collective bargaining agreement already in effect on this issue on the effective date of this amendatory Act of the 102nd General Assembly cannot be modified, but on or after the effective date of this amendatory Act of the 102nd General Assembly, the Department cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. The Department shall document if and why an employee has been determined to pose a clear and present danger. In this Section, "mental health facility" and "qualified examiner" have the meanings provided in the Mental Health and Developmental Disabilities Code.
(Source: P.A. 102-645, eff. 1-1-22.)

730 ILCS 5/3-2-14

    (730 ILCS 5/3-2-14)
    Sec. 3-2-14. Correctional officers of the Department of Corrections; coverage under the federal Law Enforcement Officers Safety Act of 2004. Correctional officers of the Department of Corrections shall be deemed to be qualified law enforcement officers or, for retired correctional officers of the Department of Corrections, shall be deemed qualified retired or separated law enforcement officers in Illinois for purposes of coverage under the federal Law Enforcement Officers Safety Act of 2004 and shall have all rights and privileges granted by that Act if the correctional officer or retired correctional officer is otherwise compliant with the applicable laws of this State governing the implementation and administration of the federal Law Enforcement Officers Safety Act of 2004 in the State of Illinois.
(Source: P.A. 102-779, eff. 1-1-23.)

730 ILCS 5/Ch. III Art. 2.5

 
    (730 ILCS 5/Ch. III Art. 2.5 heading)
ARTICLE 2.5. DEPARTMENT OF JUVENILE JUSTICE
(Source: P.A. 94-696, eff. 6-1-06.)

730 ILCS 5/3-2.5-1

    (730 ILCS 5/3-2.5-1)
    Sec. 3-2.5-1. Short title. This Article 2.5 may be cited as the Department of Juvenile Justice Law.
(Source: P.A. 94-696, eff. 6-1-06.)

730 ILCS 5/3-2.5-5

    (730 ILCS 5/3-2.5-5)
    Sec. 3-2.5-5. Purpose. The purpose of this Article is to create the Department of Juvenile Justice to provide treatment and services through a comprehensive continuum of individualized educational, vocational, social, emotional, and basic life skills to enable youth to avoid delinquent futures and become productive, fulfilled citizens. The Department shall embrace the legislative policy of the State to promote the philosophy of balanced and restorative justice set forth in Section 5-101 of the Juvenile Court Act of 1987.
    This amendatory Act of the 94th General Assembly transfers to the Department certain rights, powers, duties, and functions that were exercised by the Juvenile Division of the Department of Corrections before the effective date of this amendatory Act of the 94th General Assembly.
(Source: P.A. 94-696, eff. 6-1-06.)

730 ILCS 5/3-2.5-10

    (730 ILCS 5/3-2.5-10)
    Sec. 3-2.5-10. Definitions. As used in this Article, unless the context otherwise requires:
    "Department" means the Department of Juvenile Justice.
    "Director" means the Director of Juvenile Justice. Any reference to the "Assistant Director of the Juvenile Division" or of a predecessor department or agency occurring in any law or instrument shall, beginning on the effective date of this amendatory Act of the 94th General Assembly, be construed to mean the Director of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06.)

730 ILCS 5/3-2.5-15

    (730 ILCS 5/3-2.5-15)
    Sec. 3-2.5-15. Department of Juvenile Justice; assumption of duties of the Juvenile Division.
    (a) The Department of Juvenile Justice shall assume the rights, powers, duties, and responsibilities of the Juvenile Division of the Department of Corrections. Personnel, books, records, property, and unencumbered appropriations pertaining to the Juvenile Division of the Department of Corrections shall be transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly. Any rights of employees or the State under the Personnel Code or any other contract or plan shall be unaffected by this transfer.
    (b) Department of Juvenile Justice personnel who are hired by the Department on or after the effective date of this amendatory Act of the 94th General Assembly and who participate or assist in the rehabilitative and vocational training of delinquent youths, supervise the daily activities involving direct and continuing responsibility for the youth's security, welfare and development, or participate in the personal rehabilitation of delinquent youth by training, supervising, and assisting lower level personnel who perform these duties must: (1) be over the age of 21 and (2) have a high school diploma or equivalent and either (A) a bachelor's or advanced degree from an accredited college or university or (B) 2 or more years of experience providing direct care to youth in the form of residential care, coaching, case management, or mentoring. This requirement shall not apply to security, clerical, food service, and maintenance staff that do not have direct and regular contact with youth. The degree requirements specified in this subsection (b) are not required of persons who provide vocational training and who have adequate knowledge in the skill for which they are providing the vocational training.
    (c) Subsection (b) of this Section does not apply to personnel transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly.
    (d) The Department shall be under the direction of the Director of Juvenile Justice as provided in this Code.
    (e) The Director shall organize divisions within the Department and shall assign functions, powers, duties, and personnel as required by law. The Director may create other divisions and may assign other functions, powers, duties, and personnel as may be necessary or desirable to carry out the functions and responsibilities vested by law in the Department. The Director may, with the approval of the Office of the Governor, assign to and share functions, powers, duties, and personnel with other State agencies such that administrative services and administrative facilities are provided by a shared administrative service center. Where possible, shared services which impact youth should be done with child-serving agencies. These administrative services may include, but are not limited to, all of the following functions: budgeting, accounting related functions, auditing, human resources, legal, procurement, training, data collection and analysis, information technology, internal investigations, intelligence, legislative services, emergency response capability, statewide transportation services, and general office support.
    (f) The Department of Juvenile Justice may enter into intergovernmental cooperation agreements under which minors adjudicated delinquent and committed to the Department of Juvenile Justice may participate in county juvenile impact incarceration programs established under Section 3-6039 of the Counties Code.
    (g) The Department of Juvenile Justice must comply with the ethnic and racial background data collection procedures provided in Section 4.5 of the Criminal Identification Act.
    (h) The Department of Juvenile Justice shall implement a wellness program to support health and wellbeing among staff and service providers within the Department of Juvenile Justice environment. The Department of Juvenile Justice shall establish response teams to provide support to employees and staff affected by events that are both duty-related and not duty-related and provide training to response team members. The Department's wellness program shall be accessible to any Department employee or service provider, including contractual employees and approved volunteers. The wellness program may include information sharing, education and activities designed to support health and well-being within the Department's environment. Access to wellness response team support shall be voluntary and remain confidential.
(Source: P.A. 102-616, eff. 1-1-22; 103-290, eff. 7-28-23.)

730 ILCS 5/3-2.5-20

    (730 ILCS 5/3-2.5-20)
    Sec. 3-2.5-20. General powers and duties.
    (a) In addition to the powers, duties, and responsibilities which are otherwise provided by law or transferred to the Department as a result of this Article, the Department, as determined by the Director, shall have, but is not limited to, the following rights, powers, functions, and duties:
        (1) To accept juveniles committed to it by the courts
    
of this State for care, custody, treatment, and rehabilitation.
        (2) To maintain and administer all State juvenile
    
youth centers previously under the control of the Juvenile and Women's & Children Divisions of the Department of Corrections, and to establish and maintain youth centers as needed to meet the needs of the youth committed to its care.
        (3) To identify the need for and recommend the
    
funding and implementation of an appropriate mix of programs and services within the juvenile justice continuum, including, but not limited to, prevention, nonresidential and residential commitment programs, day treatment, and conditional release programs and services, with the support of educational, vocational, alcohol, drug abuse, and mental health services where appropriate.
        (3.5) To assist youth committed to the Department of
    
Juvenile Justice under the Juvenile Court Act of 1987 with successful reintegration into society, the Department shall retain custody and control of all adjudicated delinquent juveniles released under Section 3-2.5-85 or 3-3-10 of this Code, shall provide a continuum of post-release treatment and services to those youth, and shall supervise those youth during their release period in accordance with the conditions set by the Department or the Prisoner Review Board.
        (4) To establish and provide transitional and
    
post-release treatment programs for juveniles committed to the Department. Services shall include, but are not limited to:
            (i) family and individual counseling and
        
treatment placement;
            (ii) referral services to any other State or
        
local agencies;
            (iii) mental health services;
            (iv) educational services;
            (v) family counseling services; and
            (vi) substance abuse services.
        (5) To access vital records of juveniles for the
    
purposes of providing necessary documentation for transitional services such as obtaining identification, educational enrollment, employment, and housing.
        (6) To develop staffing and workload standards and
    
coordinate staff development and training appropriate for juvenile populations.
        (6.5) To develop policies and procedures promoting
    
family engagement and visitation appropriate for juvenile populations.
        (7) To develop, with the approval of the Office of
    
the Governor and the Governor's Office of Management and Budget, annual budget requests.
        (8) To administer the Interstate Compact for
    
Juveniles, with respect to all juveniles under its jurisdiction, and to cooperate with the Department of Human Services with regard to all non-offender juveniles subject to the Interstate Compact for Juveniles.
        (9) To decide the date of release on aftercare for
    
youth committed to the Department under Section 5-750 of the Juvenile Court Act of 1987.
        (10) To set conditions of aftercare release for all
    
youth committed to the Department under the Juvenile Court Act of 1987.
    (b) The Department may employ personnel in accordance with the Personnel Code and Section 3-2.5-15 of this Code, provide facilities, contract for goods and services, and adopt rules as necessary to carry out its functions and purposes, all in accordance with applicable State and federal law.
    (c) On and after the date 6 months after August 16, 2013 (the effective date of Public Act 98-488), as provided in the Executive Order 1 (2012) Implementation Act, all of the powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were transferred from the Department of Corrections to the Department of Healthcare and Family Services by Executive Order 3 (2005) are transferred back to the Department of Corrections; however, powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were exercised by the Department of Corrections before the effective date of Executive Order 3 (2005) but that pertain to individuals resident in facilities operated by the Department of Juvenile Justice are transferred to the Department of Juvenile Justice.
    (d) To maintain and administer all State youth centers and facilities under its control and to establish new ones as needed. Pursuant to its power to establish new youth centers and facilities, the Department may, with the written approval of the Governor, authorize the Department of Central Management Services to enter into an agreement of the type described in subsection (d) of Section 405-300 of the Department of Central Management Services Law. The Department shall designate those institutions which shall constitute the Youth Corrections System.
    Pursuant to its power to establish new institutions and facilities, the Department may authorize the Department of Central Management Services to accept bids from counties and municipalities for the construction, remodeling or conversion of a structure to be leased to the Department of Juvenile Justice for the purposes of its serving as a youth center or facility. Such construction, remodeling or conversion may be financed with revenue bonds issued pursuant to the Industrial Building Revenue Bond Act by the municipality or county. The lease specified in a bid shall be for a term of not less than the time needed to retire any revenue bonds used to finance the project, but not to exceed 40 years. The lease may grant to the State the option to purchase the structure outright.
    Upon receipt of the bids, the Department may certify one or more of the bids and shall submit any such bids to the General Assembly for approval. Upon approval of a bid by a constitutional majority of both houses of the General Assembly, pursuant to joint resolution, the Department of Central Management Services may enter into an agreement with the county or municipality pursuant to such bid.
(Source: P.A. 101-219, eff. 1-1-20; 102-350, eff. 8-13-21; 102-558, eff. 8-20-21.)

730 ILCS 5/3-2.5-30

    (730 ILCS 5/3-2.5-30)
    Sec. 3-2.5-30. Discontinued Department and office; successor agency.
    (a) The Juvenile Division of the Department of Corrections is abolished on the effective date of this amendatory Act of the 94th General Assembly.
    (b) The term of the person then serving as the Assistant Director of the Juvenile Division of the Department of Corrections shall end on the effective date of this amendatory Act of the 94th General Assembly, and that office is abolished on that date.
    (c) For the purposes of the Successor Agency Act, the Department of Juvenile Justice is declared to be the successor agency of the Juvenile Division of the Department of Corrections.
(Source: P.A. 94-696, eff. 6-1-06.)

730 ILCS 5/3-2.5-35

    (730 ILCS 5/3-2.5-35)
    Sec. 3-2.5-35. Transfer of powers. Except as otherwise provided in this Article, all of the rights, powers, duties, and functions vested by law in the Juvenile Division of the Department of Corrections are transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly.
(Source: P.A. 94-696, eff. 6-1-06.)

730 ILCS 5/3-2.5-40

    (730 ILCS 5/3-2.5-40)
    Sec. 3-2.5-40. Transfer of personnel.
    (a) Personnel employed by the school district of the Department of Corrections who work with youth under the age of 21 and personnel employed by the Juvenile Division of the Department of Corrections immediately preceding the effective date of this amendatory Act of the 94th General Assembly are transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly.
    (b) The rights of State employees, the State, and its agencies under the Personnel Code and applicable collective bargaining agreements and retirement plans are not affected by this Article. Any rights of State employees affected by this Article shall be governed by the existing collective bargaining agreements.
(Source: P.A. 94-696, eff. 6-1-06.)

730 ILCS 5/3-2.5-40.1

    (730 ILCS 5/3-2.5-40.1)
    Sec. 3-2.5-40.1. Training. The Department shall design training for its personnel and shall enter into agreements with the Department of Corrections or other State agencies and through them, if necessary, public and private colleges and universities, or private organizations to ensure that staff are trained to work with a broad range of youth and possess the skills necessary to assess, engage, educate, and intervene with youth in its custody in ways that are appropriate to ensure successful outcomes for those youth and their families pursuant to the mission of the Department. The training for Department personnel shall include courses in restorative practices. In this Section, "restorative practices" means programs and activities based on a philosophical framework that emphasizes the need to repair harm through a process of mediation and peace circles in order to promote empowerment and reparation. The Department may adopt rules to implement the training, including the length and frequency of the courses and the curriculum for the courses.
(Source: P.A. 100-157, eff. 1-1-18.)

730 ILCS 5/3-2.5-45

    (730 ILCS 5/3-2.5-45)
    Sec. 3-2.5-45. Transfer of property. All books, records, documents, property (real and personal), unexpended appropriations, and pending business pertaining to the rights, powers, duties, and functions transferred to the Department of Juvenile Justice under this Article shall be transferred and delivered to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly.
(Source: P.A. 94-696, eff. 6-1-06.)

730 ILCS 5/3-2.5-50

    (730 ILCS 5/3-2.5-50)
    Sec. 3-2.5-50. Rules and standards.
    (a) The rules and standards of the Juvenile Division of the Department of Corrections that are in effect immediately prior to the effective date of this amendatory Act of the 94th General Assembly and pertain to the rights, powers, duties, and functions transferred to the Department of Juvenile Justice under this Article shall become the rules and standards of the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly and shall continue in effect until amended or repealed by the Department.
    (b) Any rules pertaining to the rights, powers, duties, and functions transferred to the Department under this Article that have been proposed by the Juvenile Division of the Department of Corrections but have not taken effect or been finally adopted immediately prior to the effective date of this amendatory Act of the 94th General Assembly shall become proposed rules of the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly, and any rulemaking procedures that have already been completed by the Juvenile Division of the Department of Corrections for those proposed rules need not be repeated.
    (c) As soon as practical after the effective date of this amendatory Act of the 94th General Assembly, the Department of Juvenile Justice shall revise and clarify the rules transferred to it under this Article to reflect the reorganization of rights, powers, duties, and functions effected by this Article using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained. The Department may propose and adopt under the Illinois Administrative Procedure Act such other rules as may be necessary to consolidate and clarify the rules of the agency reorganized by this Article.
(Source: P.A. 94-696, eff. 6-1-06.)