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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 5/3-8010
(55 ILCS 5/3-8010) (from Ch. 34, par. 3-8010)
Sec. 3-8010.
Certification of applicants.
The appointment of
all personnel subject to the jurisdiction of the Merit Commission shall
be made by the sheriff from those applicants who have been certified by
the Commission as being qualified for appointment. A Commission may, by
its rules and regulations, set forth the minimum requirements for
appointment to any position. In addition, the Commission's review of any
application may include examinations, investigations or any other method
consistent with recognized merit principles, which in the judgment of the
Commission is reasonable and practical for any particular classification.
Different examining procedures may be set for the examinations in different
classifications but all examinations in the same classification shall be
uniform. However, the Merit Commission may by regulation provide that
applicants who have served with another sheriff's office, a police
department, or any other law enforcement agency, or who are graduate law
enforcement interns as defined in the Law Enforcement Intern Training Act,
may be exempt from one or more of the minimum requirements for appointment.
Preference may be given in such appointments to persons who have honorably
served in the military or naval services of the United States.
The sheriff shall make appointments from those persons certified
by the Commission as qualified for appointment. If the sheriff rejects
any person so certified, the sheriff shall notify the Commission in writing
of such rejection.
The rules and regulations of a Commission shall provide that all
initial appointees shall serve a probationary period of 12 months during
which time they may be discharged at the will of the sheriff.
(Source: P.A. 92-83, eff. 7-12-01.)
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55 ILCS 5/3-8011
(55 ILCS 5/3-8011) (from Ch. 34, par. 3-8011)
Sec. 3-8011.
Certification for promotion.
Whenever a position
in a higher rank is to be filled, the Merit Commission shall certify
to the sheriff the names of eligible persons who stand highest upon
the promotional register for the rank to which the position belongs.
The Commission shall make certifications for promotion on the basis
of ascertained merit, seniority of service, and physical and other
qualifying examinations.
The sheriff shall appoint from those whose names were certified.
If the sheriff rejects all persons so certified, he shall state his
reasons for such refusal in writing to the Commission.
All vacancies in all ranks of deputy sheriff above the
lowest shall be filled by promotion, except that the Merit
Commission may by regulation provide that a former sheriff may
be appointed by a successor sheriff of the same county
to any rank after he has been certified by the Commission or
that applicants who have served with another sheriff's
office, a police department, or any other law enforcement agency,
may be given credit for time so served and may receive
an initial appointment to a rank above the lowest.
Persons appointed to a higher rank shall be on probation in such
higher rank for a period of 12 months. Such appointees may be
demoted by the sheriff to their former rank at any time during the
period of probation, if, in the opinion of the sheriff, they have
failed to demonstrate the ability and the qualifications necessary
to furnish satisfactory service.
(Source: P.A. 86-962.)
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55 ILCS 5/3-8012
(55 ILCS 5/3-8012) (from Ch. 34, par. 3-8012)
Sec. 3-8012.
Political affiliation.
All appointments and promotions
shall be made in accordance with the provisions of this Division and the rules
and regulations of the Commission, without consideration of the political
affiliation of any applicant.
(Source: P.A. 86-962.)
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55 ILCS 5/3-8013
(55 ILCS 5/3-8013) (from Ch. 34, par. 3-8013)
Sec. 3-8013. Disciplinary measures. Disciplinary measures for actions
violating either the rules and regulations of the Commission or the internal
procedures of the sheriff's office may be taken by the sheriff. Such
disciplinary measures may include suspension of any certified person for
reasonable periods, not exceeding a cumulative
30 days in any 12-month period. However, on and after June 1, 2007, in any sheriff's office with a collective bargaining agreement covering the employment of department personnel, such disciplinary measures and the method of review of those measures shall be subject to mandatory bargaining, including, but not limited to, the use of impartial arbitration as an alternative or supplemental form of due process.
(Source: P.A. 95-136, eff. 1-1-08.)
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55 ILCS 5/3-8014
(55 ILCS 5/3-8014) (from Ch. 34, par. 3-8014)
Sec. 3-8014. Removal, demotion or suspension. Except as is otherwise
provided in this Division, no certified person shall be removed, demoted or
suspended except for cause, upon written charges filed with the Merit
Commission by the sheriff. Upon the filing of such a petition, the sheriff
may suspend the certified person pending the decision of the Commission on
the charges. After the charges have been heard, the Commission may direct
that the person receive his pay for any part or all of this suspension
period, if any.
The charges shall be heard by the Commission upon not less
than 14 days' certified notice. At such hearing, the accused certified
person shall be afforded full opportunity to be represented by
counsel, to be heard in his own defense and to produce proof
in his defense. Both the Commission and the sheriff may be
represented by counsel. The State's Attorney of the applicable
county may advise either the Commission or the sheriff. The
other party may engage private counsel to advise it.
The Commission shall have the power to secure by
its subpoena both the attendance and testimony of witnesses
and the production of books and papers in support of the charges
and for the defense. Each member of the Commission shall have
the power to administer oaths.
If the charges against an accused person are established
by the preponderance of evidence, the Commission shall
make a finding of guilty and order either removal, demotion, loss
of seniority, suspension for a period of not more than 180 days,
or such other disciplinary punishment as may be prescribed by the
rules and regulations of the Commission which, in the opinion
of the members thereof, the offense justifies. If the charges against
an accused person are not established by the preponderance of
evidence, the Commission shall make a finding of not guilty and
shall order that the person be reinstated and be paid his
compensation for the suspension period, if any, while awaiting
the hearing. The sheriff shall take such action as may be ordered
by the Commission. However, on and after June 1, 2007, in any sheriff's office with a collective bargaining agreement covering the employment of department personnel, such disciplinary measures and the method of review of those measures shall be subject to mandatory bargaining, including, but not limited to, the use of impartial arbitration as an alternative or supplemental form of due process and any of the procedures laid out in this Section.
The provisions of the Administrative Review Law, and all amendments and
modifications thereof, and the rules adopted pursuant thereto, shall apply
to and govern all proceedings for the judicial review of any order of the
Commission rendered pursuant to this Section. The plaintiff shall pay the
reasonable cost of preparing and certifying the record for judicial review.
However, if the plaintiff prevails in the judicial review proceeding, the
court shall award to the plaintiff a sum equal to the costs paid by the
plaintiff to have the record for judicial review prepared and certified.
(Source: P.A. 95-136, eff. 1-1-08.)
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55 ILCS 5/3-8015
(55 ILCS 5/3-8015) (from Ch. 34, par. 3-8015)
Sec. 3-8015.
Subpoenas; witnesses' fees; perjury.
Any person
who shall be served with a subpoena to appear and testify, or to
produce books and papers, issued by the Merit Commission, or
by any member thereof, and who shall refuse or neglect to
appear, or to testify, or to produce books and papers
relevant to such investigation, as commanded in the
subpoena, shall be guilty of a Class B misdemeanor.
The fees of witnesses for attendance and travel shall
be the same as the fees of witnesses before the circuit court
of this State.
Any circuit court of this State, or any judge thereon,
upon application of any member of the Commission, or any person
acting under the orders of the Commission, may, in his discretion,
compel the attendance of witnesses, the production of books and
papers, and giving of testimony before the Commission by an
Attachment for Contempt or otherwise in the same manner as
production of evidence may be compelled before the court. Every
person who, having taken oath or made affirmation before a member of the
Commission, shall willfully swear or affirm falsehoods, shall be
guilty of perjury and upon conviction shall be punished accordingly.
(Source: P.A. 86-962.)
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55 ILCS 5/3-8016
(55 ILCS 5/3-8016) (from Ch. 34, par. 3-8016)
Sec. 3-8016.
Reports to Merit Commission.
The sheriff shall promptly
notify the Merit Commission of all appointments, permanent or temporary,
all promotions, suspensions, resignations or vacancies from any cause, and
a record of the same shall be kept by the Commission. The sheriff shall
prepare and furnish to the Commission annual efficiency reports for each
person covered by merit system. The sheriff shall also furnish the
Commission copies of all letters of commendation, academic achievements
and reprimand and such other reports as the Commission may reasonably
request.
(Source: P.A. 86-962.)
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55 ILCS 5/3-8017
(55 ILCS 5/3-8017) (from Ch. 34, par. 3-8017)
Sec. 3-8017.
Enforcement of orders.
If any provision of this
Division or any order of the Merit Commission is violated by any person,
regardless of whether that person's employment is under the jurisdiction of
the Division, the Commission may apply to the circuit court for relief by
injunction, mandamus or any other proper relief. The State's Attorney of
the county where the violation occurred shall prosecute such action.
Whenever the State's Attorney for the county where a violation is alleged
to have occurred refuses to prosecute the action, or fails to begin to
prosecute such action within 30 days after the date the Commission brings
the matter to his attention, the Commission may retain special counsel of
its own choice to prosecute such action.
(Source: P.A. 86-962.)
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55 ILCS 5/3-8018
(55 ILCS 5/3-8018) (from Ch. 34, par. 3-8018)
Sec. 3-8018.
Multi-county operation.
The county
boards of 2 or more counties may, by enactment of uniform reciprocal
ordinances consistent with this Division create a multi-county
Merit Commission which shall be subject to this Division.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 3-9
(55 ILCS 5/Div. 3-9 heading)
Division 3-9.
State's Attorney
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55 ILCS 5/3-9001
(55 ILCS 5/3-9001) (from Ch. 34, par. 3-9001)
Sec. 3-9001. Oath; bond. Before entering upon the respective
duties of their office, the state's attorneys shall each be commissioned by
the governor, and shall take the following oath or affirmation:
I do solemnly swear (or affirm, as the case may be), that I will support
the constitution of the United States and the constitution of the state of
Illinois, and that I will faithfully discharge the duties of the office
of state's attorney according to the best of my ability.
Each State's attorney shall also execute a bond, to the People of the
State of Illinois, (or, if the county is self-insured, the county through its
self-insurance program may provide bonding) with good and sufficient
securities in the penal sum of $5,000, to be approved by the circuit court for
the respective county, which approval shall be indorsed upon the bond. The
bond, with the approval thereof indorsed, shall be entered of record in the
circuit court, and then forwarded by the county clerk to the secretary of
state, to be filed in the Secretary of State's office. Each of the bonds shall be conditioned upon
the faithful discharge of the duties of the office, and the paying over all
moneys as provided by law, which bond shall run to and be for the benefit of
the state, county, corporation or person injured by a breach of any of the
conditions thereof.
(Source: P.A. 102-56, eff. 7-9-21.)
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55 ILCS 5/3-9002
(55 ILCS 5/3-9002) (from Ch. 34, par. 3-9002)
Sec. 3-9002. Commencement of duties. The State's attorney shall
enter upon the duties of the office on the first day in the month of
December following the election of the State's Attorney on which the State's attorney's office is
required, by statute or by action of the county board, to be open.
(Source: P.A. 102-56, eff. 7-9-21.)
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55 ILCS 5/3-9003
(55 ILCS 5/3-9003) (from Ch. 34, par. 3-9003)
Sec. 3-9003.
Additional bond.
Whenever the circuit court shall deem
the bond filed by any State's attorney insufficient, the circuit court may
require additional bond, in any penalty not exceeding that specified in
Section 3-9001.
(Source: P.A. 86-962.)
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55 ILCS 5/3-9004
(55 ILCS 5/3-9004) (from Ch. 34, par. 3-9004)
Sec. 3-9004. Failure to give bond or take oath. If any person
elected to the office of State's attorney shall fail to give bond, or take
the oath required of the State's Attorney, within twenty days after the person is declared elected,
the office shall be deemed vacant, and if, being required to give
additional bond, as provided in Section 3-9003 hereof, the person fails to do so
within twenty days after notice of such requirements, the State's Attorney office may, in the
discretion of the governor, be declared vacant and filled as provided by law.
(Source: P.A. 102-56, eff. 7-9-21.)
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