Illinois General Assembly - Illinois Compiled Statutes

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55 ILCS 5/3-6039

(55 ILCS 5/3-6039)

Sec. 3-6039. County juvenile impact incarceration program.

(a) With the approval of the county board, the Department of Probation and
Court Services in any county
shall have the
power to operate a county juvenile impact incarceration program for
eligible
delinquent minors.  If the court finds that a minor adjudicated a delinquent
meets the eligibility requirements of this Section, the court may in its
dispositional order approve the delinquent minor for placement in the county
juvenile impact incarceration program conditioned upon his or her acceptance
in the program by the Department of Probation and Court Services.  The
dispositional order also shall provide that if the Department of Probation and
Court Services accepts the delinquent minor in the program and determines that
the delinquent minor has successfully completed the county juvenile impact
incarceration program, the delinquent minor's detention shall be reduced to
time considered served upon certification to the court by the Department of
Probation and Court Services that the delinquent minor has successfully
completed the program.  If the delinquent minor is not accepted for placement
in the county juvenile impact incarceration program or the delinquent minor
does not successfully complete the program, his or her term of commitment shall
be as set forth by the court in its dispositional order.  If the delinquent
minor does not successfully complete the program, time spent in the program
does not count as time served against the time limits as set forth in
subsection (f) of this Section.

(b) In order to be eligible to participate in the county juvenile impact
incarceration program, the delinquent minor must meet all of the following
requirements:

(1) The delinquent minor is at least 13 years of age.

(2) The act for which the minor is adjudicated

delinquent does not constitute a Class X felony, criminal sexual assault, first degree murder, aggravated kidnapping, second degree murder, armed violence, arson, forcible detention, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse.

(3) The delinquent minor has not previously

participated in a county juvenile impact incarceration program and has not previously served a prior commitment for an act constituting a felony in a Department of Juvenile Justice  juvenile correctional facility.  This provision shall not exclude a delinquent minor who is committed to the Illinois Department of Juvenile Justice and is participating in the county juvenile impact incarceration program under an intergovernmental cooperation agreement with the Illinois Department of Juvenile Justice.

(4) The delinquent minor is physically able to

participate in strenuous physical activities or labor.

(5) The delinquent minor does not have a mental

disorder or disability that would prevent participation in the county juvenile impact incarceration program.

(6) The delinquent minor is recommended and approved

for placement in the county juvenile impact incarceration program in the court's dispositional order.

The court and the Department of Probation and Court Services may also
consider, among other matters, whether the delinquent minor has a history of
escaping or absconding, whether participation in the county juvenile impact
incarceration program may pose a risk to the safety or security of any person,
and whether space is available.

(c) The county juvenile impact incarceration program shall include, among
other matters, mandatory physical training and labor, military formation and
drills, regimented activities, uniformity of dress and appearance, education
and counseling, including drug counseling if appropriate, and must impart to
the delinquent minor principles of honor, integrity, self-sufficiency,
self-discipline, self-respect, and respect for others.

(d) Privileges of delinquent minors participating in the county juvenile
impact incarceration program, including visitation, commissary, receipt and
retention of property and publications, and access to television, radio, and a
library, may be suspended or restricted, at the discretion of the Department of
Probation and Court Services.

(e) Delinquent minors participating in the county juvenile impact
incarceration program shall adhere to all rules promulgated by the Department
of Probation and Court Services and all requirements of the program.
Delinquent minors shall be informed of rules of behavior and conduct.
Disciplinary procedures required by any other law or county ordinance are not
applicable.

(f) Participation in the county juvenile impact incarceration program by a
minor adjudicated delinquent for an act constituting a misdemeanor shall be for
a period of at least 7 days but less than 120 days as determined by the
Department of Probation and Court Services.  Participation in the county
juvenile impact incarceration program by a minor adjudicated delinquent for an
act constituting a felony shall be for a period of 120 to 180 days as
determined by the Department of Probation and Court Services.

(g) A delinquent minor may be removed from the program for a violation
of the terms or conditions of the program or if he or she is for any
reason unable to participate.  The Department of Probation and Court Services
shall promulgate rules governing conduct that could result in removal from the
program or in a determination that the delinquent minor has not successfully
completed the program.  Delinquent minors shall have access to
these rules.  The rules shall provide that the delinquent minor shall receive
notice and have the opportunity to appear before and address the
Department of Probation and Court Services or a person appointed by the
Department of Probation and Court Services for this purpose.  A delinquent
minor may be transferred to any juvenile facilities prior to the hearing.

(h) If the Department of Probation and Court Services accepts the delinquent
minor in the program and determines that the delinquent minor has successfully
completed the county juvenile impact incarceration program, the court shall
discharge the minor from custody upon certification to the court by the
Department of Probation and Court Services that the delinquent minor has
successfully completed the program.  In the event the delinquent minor is not
accepted for placement in the county juvenile impact incarceration program or
the delinquent minor does not successfully complete the program, his or her
commitment to the Department of Juvenile Justice or juvenile
detention shall be as set forth by the court in its dispositional order.

(i) The Department of Probation and Court Services, with the approval of the
county board, shall have the power to enter into intergovernmental cooperation
agreements
with the Illinois Department of Juvenile Justice under which
delinquent minors committed to the Illinois Department of Juvenile Justice may participate in the county juvenile impact incarceration program.
A delinquent minor who successfully completes the county juvenile impact
incarceration program shall be discharged from custody upon certification to
the court by the Illinois Department of Juvenile Justice that
the delinquent minor has successfully completed the program.

(Source: P.A. 94-696, eff. 6-1-06.)