55 ILCS 5/ Counties Code.

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    (55 ILCS 5/Div. 3-15 heading)
Division 3-15. County Department of Corrections

    (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.)

    (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.)

    (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 committed person diagnostic center facility operated by either the county jail or municipal houses of correction.
    (b) To have charge of all committed persons 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 committed person 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 committed person, 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. 103-745, eff. 1-1-25.)

    (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
    
department.
(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.)

    (55 ILCS 5/3-15003.6)
    Sec. 3-15003.6. Pregnant committed persons.
    (a) Definitions. For the purpose of this Section and the Sections preceding Section 3-15004:
        (1) "Restraints" means any physical restraint or
    
mechanical device used to control the movement of a body or limbs, or both, including, but not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security (tether) chain, or a convex shield, or shackles of any kind.
        (2) "Labor" means the period of time before a birth
    
and shall include any medical condition in which an individual is sent or brought to the hospital for the purpose of delivering a baby. These situations include: induction of labor, prodromal labor, pre-term labor, prelabor rupture of membranes, the 3 stages of active labor, uterine hemorrhage during the third trimester of pregnancy, and caesarian delivery including pre-operative preparation.
        (3) "Postpartum" means the 6-week period following
    
birth unless determined to be a longer period by a physician, advanced practice registered nurse, physician assistant, or other qualified medical professional.
        (4) "Correctional institution" means any entity under
    
the authority of a county law enforcement division that has the power to detain or restrain, or both, a person under the laws of the State.
        (5) "Corrections official" means the official that is
    
responsible for oversight of a correctional institution, or his or her designee.
        (6) "Committed person" means any person incarcerated
    
or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program, and any person detained under the immigration laws of the United States at any correctional facility.
        (7) "Extraordinary circumstance" means an
    
extraordinary medical or security circumstance, including a substantial flight risk, that dictates restraints be used to ensure the safety and security of the committed person, the staff of the correctional institution or medical facility, other committed persons, or the public.
        (8) "Participant"means an individual placed into an
    
electronic monitoring program, as defined by Section 5-8A-2 of the Unified Code of Corrections.
    (b) A county department of corrections shall not apply security restraints to a committed person that has been determined by a qualified medical professional to be pregnant or otherwise is known by the county department of corrections to be pregnant or in postpartum recovery unless the corrections official makes an individualized determination that the committed person presents a substantial flight risk or some other extraordinary circumstance that dictates security restraints be used to ensure the safety and security of the committed person, committed person's child or unborn child, the staff of the county department of corrections or medical facility, other committed persons, 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. The corrections official shall immediately remove all approved electronic monitoring devices, as that term is defined in Section 5-8A-2 of the Unified Code of Corrections, of a pregnant participant during labor and delivery or earlier 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 the
    
authority to order therapeutic restraints for a pregnant or postpartum committed person who is a danger to the committed person, the committed person's child, unborn child, or other persons due to a psychiatric or medical disorder. Therapeutic restraints may only be initiated, monitored, and discontinued by qualified and authorized health staff and used to safely limit a committed person's mobility for psychiatric or medical reasons. No order for therapeutic restraints shall be written unless medical or mental health personnel, after personally observing and examining the committed person, are clinically satisfied that the use of therapeutic restraints is justified and permitted in accordance with hospital policies and applicable State law. Metal handcuffs or shackles are not considered therapeutic restraints.
        (2) Whenever therapeutic restraints are used by
    
medical personnel, Section 2-108 of the Mental Health and Developmental Disabilities Code shall apply.
        (3) Leg irons, shackles, or waist shackles shall not
    
be used on any pregnant or postpartum committed person regardless of security classification. Except for therapeutic restraints under clause (b)(2), no restraints of any kind may be applied to committed persons during labor.
        (4) When a pregnant or postpartum committed person
    
must be restrained, restraints used shall be the least restrictive restraints possible to ensure the safety and security of the committed person, the committed person's child, unborn child, the staff of the county department of corrections or medical facility, other committed persons, or the public, and in no case shall include leg irons, shackles, or waist shackles.
        (5) Upon the pregnant committed person's entry into a
    
hospital room, and completion of initial room inspection, a corrections official shall be posted immediately outside the hospital room, unless requested to be in the room by medical personnel attending to the committed person's medical needs.
        (6) The county department of corrections shall
    
provide adequate corrections personnel to monitor the pregnant committed person during the committed person's transport to and from the hospital and during the committed person's stay at the hospital.
        (7) Where the county department of corrections
    
requires committed person safety assessments, a corrections official may enter the hospital room to conduct periodic committed person safety assessments, except during a medical examination or the delivery process.
        (8) (Blank).
    (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 or postpartum committed person has been restrained pursuant to this Section during that previous fiscal year, shall submit a written report to the Jail and Detention Standards Unit of the Department of Corrections, in a form and manner prescribed by the Department, that includes an account of every instance of 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 committed person. Such reports shall be made available for public inspection.
    (d) Data reporting. No later than 30 days before the end of each fiscal year, each county sheriff shall submit a written report to the Jail and Detention Standards Unit of the Department of Corrections, in a form and manner prescribed by the Department, that includes the number of pregnant committed persons in custody each year and the number of people who deliver or miscarry while in custody. The written reports shall not contain any individually identifying information of a committed person. The written reports shall be made available for public inspection.
(Source: P.A. 103-745, eff. 1-1-25; 104-417, eff. 8-15-25.)

    (55 ILCS 5/3-15003.7)
    Sec. 3-15003.7. Corrections official training related to pregnant committed persons.
    (a) A county department of corrections shall provide training relating to medical and mental health care issues applicable to pregnant committed persons to:
        (1) each corrections official employed by a county
    
department at a correctional institution in which female committed persons are confined; and
        (2) any other county department of corrections
    
employee whose duties involve contact with pregnant committed persons.
    (b) The training must include information regarding:
        (1) appropriate care for pregnant committed persons;
    
and
        (2) the impact on a pregnant committed person and the
    
committed person's unborn child of:
            (A) the use of restraints;
            (B) placement in administrative segregation; and
            (C) invasive searches.
(Source: P.A. 103-745, eff. 1-1-25.)

    (55 ILCS 5/3-15003.8)
    Sec. 3-15003.8. Educational programming and information for pregnant committed persons.
    (a) 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 committed persons. The programming must include instruction regarding:
        (1) appropriate prenatal care and hygiene;
        (2) the effects of prenatal exposure to alcohol and
    
drugs on a developing fetus;
        (3) parenting skills; and
        (4) medical and mental health issues applicable to
    
children.
    (b) Each county department of corrections shall provide written informational materials concerning the laws pertaining to pregnant committed persons to any pregnant or postpartum individual. The Department of Public Health shall provide these informational materials to the warden of the county department of corrections at no cost to the county and the county may accept informational materials from community-based organizations specializing in the rights of pregnant committed persons. The informational materials must include information regarding:
        (1) the prohibition against the use of restraints;
        (2) rules concerning the treatment of pregnant
    
committed persons, including those relating to bed height and supplemental nutrition;
        (3) the right to spend time with a child following
    
delivery;
        (4) the requirement to provide educational
    
programming;
        (5) all rights under the Reproductive Health Act;
        (6) the procedure for obtaining an abortion, if so
    
desired;
        (7) the procedure for obtaining information about
    
guardianship or adoption resources, if so desired;
        (8) any new or additional laws concerning the rights
    
of pregnant committed persons; and
        (9) the address or contact information for community
    
organizations specializing in the rights of pregnant committed persons for questions or concerns.
    (c) Each county department of corrections must also post informational flyers provided by the Department of Public Health wherever pregnant committed persons may be housed.
(Source: P.A. 102-28, eff. 6-25-21; 103-745, eff. 1-1-25.)

    (55 ILCS 5/3-15003.9)
    Sec. 3-15003.9. Committed person postpartum recovery requirements. A county department of corrections shall ensure that, for a period of 72 hours after the birth of an infant by a committed person:
        (1) the infant is allowed to remain with the
    
committed person, unless a medical professional determines doing so would pose a health or safety risk to the committed person or infant; and
        (2) the committed person has access to any
    
nutritional or hygiene-related products necessary to care for the infant, including diapers.
(Source: P.A. 103-745, eff. 1-1-25.)

    (55 ILCS 5/3-15003.10)
    Sec. 3-15003.10. Housing requirements applicable to pregnant committed persons.
    (a) A county department of corrections may not place in administrative segregation a committed person 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 committed person will harm herself, the committed person's infant, or any other person or will attempt escape.
    (b) A county department of corrections may not assign a pregnant committed person to any bed that is elevated more than 3 feet above the floor.
(Source: P.A. 103-745, eff. 1-1-25.)

    (55 ILCS 5/3-15003.11)
    Sec. 3-15003.11. Supplemental nutrition during pregnancy or lactation. A committed person who is pregnant or lactating, including a committed person who is nursing a baby or pumping breastmilk, shall be provided supplemental nutrition of at least 300 calories per day. This supplemental nutrition shall be in addition to any regularly provided food and shall be available outside of regular mealtimes.
(Source: P.A. 103-745, eff. 1-1-25.)

    (55 ILCS 5/3-15003.12)
    Sec. 3-15003.12. Medical screening; pregnancy test. When a person with a uterus is committed to a facility, the person shall within 14 days be given a medical screening and offered a pregnancy test.
(Source: P.A. 103-745, eff. 1-1-25.)

    (55 ILCS 5/3-15004)
    Sec. 3-15004. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

    (55 ILCS 5/3-15005)
    Sec. 3-15005. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

    (55 ILCS 5/3-15006)
    Sec. 3-15006. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

    (55 ILCS 5/3-15007)
    Sec. 3-15007. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

    (55 ILCS 5/3-15008)
    Sec. 3-15008. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

    (55 ILCS 5/3-15009)
    Sec. 3-15009. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

    (55 ILCS 5/3-15010)
    Sec. 3-15010. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

    (55 ILCS 5/3-15011)
    Sec. 3-15011. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)