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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 5/3-9-4
(730 ILCS 5/3-9-4) (from Ch. 38, par. 1003-9-4)
Sec. 3-9-4. Authorized Absence.
The Department of Juvenile Justice may extend the limits of the place of confinement of a
person committed to the Department of Juvenile Justice so that he may leave such place
on authorized absence. Whether or not such person is to be accompanied
shall be determined by the chief administrative officer of the institution
or facility from which such authorized absence is granted. An authorized
absence may be granted for a period of time determined by the Department
of Juvenile Justice and any purpose approved by the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06 .)
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730 ILCS 5/3-9-5
(730 ILCS 5/3-9-5) (from Ch. 38, par. 1003-9-5)
Sec. 3-9-5. Minimum Standards.
The minimum standards under Article 7 shall apply to all institutions
and facilities under the authority of the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06 .)
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730 ILCS 5/3-9-6
(730 ILCS 5/3-9-6) (from Ch. 38, par. 1003-9-6)
Sec. 3-9-6. Unauthorized Absence. Whenever a person committed to the Department of Juvenile Justice absconds or absents himself or herself without authority
to do so, from
any facility or program to which he or she is assigned, he or she
may be held in custody
for return to the proper correctional official by the authorities or
whomsoever directed, when an order is certified by the Director of Juvenile Justice or
a person duly designated by the Director, with the seal of the Department
of Juvenile Justice attached. The person so designated by the Director of Juvenile Justice with such
seal attached may be one or more persons and the appointment shall be made
as a ministerial one with no recordation or notice necessary as to the
designated appointees. The order shall be directed to all sheriffs,
coroners, police officers, keepers or custodians of jails or other
detention facilities whether in or out of the State of Illinois, or to any
particular person named in the order.
(Source: P.A. 94-696, eff. 6-1-06 .)
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730 ILCS 5/3-9-7 (730 ILCS 5/3-9-7) (from Ch. 38, par. 1003-9-7) Sec. 3-9-7. Sexual abuse counseling programs.
(a) The Department of Juvenile Justice
shall establish and offer sexual abuse counseling to both victims of sexual
abuse and sexual offenders in as many facilities as necessary to insure
sexual abuse counseling throughout the State.
(b) Any minor committed to the Department of Juvenile Justice
for a sex offense as defined under the Sex Offender Management Board Act shall
be required to undergo sex offender treatment by a treatment provider approved
by the Board and conducted in conformance with the standards developed by the
Sex Offender Management Board Act.
(Source: P.A. 93-616, eff. 1-1-04; 94-696, eff. 6-1-06 .)
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730 ILCS 5/Ch. III Art. 10
(730 ILCS 5/Ch. III Art. 10 heading)
ARTICLE 10.
JUVENILE PROCEDURES
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730 ILCS 5/3-10-1
(730 ILCS 5/3-10-1) (from Ch. 38, par. 1003-10-1)
Sec. 3-10-1. Receiving Procedures.
The receiving procedures under Section 3-8-1 shall be applicable to
institutions and facilities of the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06 .)
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730 ILCS 5/3-10-2
(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
Sec. 3-10-2. Examination of persons committed to the Department of Juvenile Justice.
(a) A person committed to the Department of Juvenile Justice shall be examined in
regard to his medical, psychological, social, educational and vocational
condition and history, including the use of alcohol and other drugs,
the circumstances of his offense and any other
information as the Department of Juvenile Justice may determine.
(a-5) Upon admission of a person committed to the Department of Juvenile Justice, the Department of Juvenile Justice must provide the person with appropriate information concerning HIV and AIDS in writing, verbally, or by video or other electronic means. The Department of Juvenile Justice shall develop the informational materials in consultation with the Department of Public Health. At the same time, the Department of Juvenile Justice also must offer the person the option of being tested, at no charge to the person, for infection with human immunodeficiency virus (HIV). Pre-test information shall be provided to the committed person and informed consent obtained as required in subsection (q) of Section 3 and Section 5 of the AIDS Confidentiality Act. The Department of Juvenile Justice may conduct opt-out HIV testing as defined in Section 4 of the AIDS Confidentiality Act. If the Department conducts opt-out HIV testing, the Department shall place signs in English, Spanish and other languages as needed in multiple, highly visible locations in the area where HIV testing is conducted informing inmates that they will be tested for HIV unless they refuse, and refusal or acceptance of testing shall be documented in the inmate's medical record. The Department shall follow procedures established by the Department of Public Health to conduct HIV testing and testing to confirm positive HIV test results. All testing must be conducted by medical personnel, but pre-test and other information may be provided by committed persons who have received appropriate training. The Department, in conjunction with the Department of Public Health, shall develop a plan that complies with the AIDS Confidentiality Act to deliver confidentially all positive or negative HIV test results to inmates or former inmates. Nothing in this Section shall require the Department to offer HIV testing to an inmate who is known to be infected with HIV, or who has been tested for HIV within the previous 180 days and whose documented HIV test result is available to the Department electronically. The
testing provided under this subsection (a-5) shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention. If the test result is positive, a reliable supplemental test based upon recommendations of the United States Centers for Disease Control and Prevention shall be
administered. Also, upon the admission of a person committed to the Department of Juvenile Justice, the Department of Juvenile Justice must inform the person of the Department's obligation to provide the person with medical care.
(b) Based on its examination, the Department of Juvenile Justice may exercise the following
powers in developing a treatment program of any person committed to the Department of Juvenile Justice:
(1) Require participation by him in vocational, | | physical, educational and corrective training and activities to return him to the community.
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(2) Place him in any institution or facility of the
| | Department of Juvenile Justice.
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(3) Order replacement or referral to the Parole and
| | Pardon Board as often as it deems desirable. The Department of Juvenile Justice shall refer the person to the Parole and Pardon Board as required under Section 3-3-4.
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(4) Enter into agreements with the Secretary of Human
| | Services and the Director of Children and Family Services, with courts having probation officers, and with private agencies or institutions for separate care or special treatment of persons subject to the control of the Department of Juvenile Justice.
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(c) The Department of Juvenile Justice shall make periodic reexamination of all persons
under the control of the Department of Juvenile Justice to determine whether existing
orders in individual cases should be modified or continued. This
examination shall be made with respect to every person at least once
annually.
(d) A record of the treatment decision, including any modification
thereof and the reason therefor, shall be part of the committed person's
master record file.
(e) The Department of Juvenile Justice shall by regular mail and telephone or electronic message
notify the parent, guardian, or nearest relative of any person committed to
the Department of Juvenile Justice of his or her physical location and any change of his or her physical location.
(Source: P.A. 100-19, eff. 1-1-18; 100-700, eff. 8-3-18; 101-81, eff. 7-12-19.)
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730 ILCS 5/3-10-3
(730 ILCS 5/3-10-3) (from Ch. 38, par. 1003-10-3)
Sec. 3-10-3. Program Assignment.
(a) The chief administrative officer of each institution or facility of
the Department of Juvenile Justice shall designate a person or persons to classify and
assign juveniles to programs in the institution or facility.
(b) The program assignment of persons assigned to institutions or
facilities of the Department of Juvenile Justice shall be made on the following basis:
(1) As soon as practicable after he is received, and in any case no
later than the expiration of the first 30 days, his file shall be studied
and he shall be interviewed and a determination made as to the program of
education, employment, training, treatment, care and custody appropriate
for him. A record of such program assignment shall be made and shall be a
part of his master record file. A staff member shall be designated for each
person as his staff counselor.
(2) The program assignment shall be reviewed at least once every 3
months and he shall be interviewed if it is deemed desirable or if he so
requests. After review, such changes in his program of education,
employment, training, treatment, care and custody may be made as is
considered necessary or desirable and a record thereof made a part of his
file. If he requests a change in his program and such request is denied,
the basis for denial shall be given to him and a written statement thereof
shall be made a part of his file.
(c) The Department may promulgate rules and regulations governing the
administration of treatment programs within institutions and facilities of
the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06 .)
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730 ILCS 5/3-10-4
(730 ILCS 5/3-10-4) (from Ch. 38, par. 1003-10-4)
Sec. 3-10-4. Intradivisional Transfers.
(a) The transfer of committed persons between institutions or facilities
of the Department of Juvenile Justice shall be under this Section, except that emergency
transfers shall be under Section 3-6-2.
(b) The chief administrative officer of an institution or facility
desiring to transfer a committed person to another institution or facility
shall notify the Director of Juvenile Justice or his
delegate of the basis for the transfer. The Director or his
delegate shall approve or deny such request.
(c) If a transfer request is made by a committed person or his parent,
guardian or nearest relative, the chief administrative officer of the
institution or facility from which the transfer is requested shall notify
the Director of Juvenile Justice or his delegate of the
request, the reasons therefor and his recommendation. The
Director of Juvenile Justice or his delegate shall either grant the request or if he denies the
request he shall advise the person or his parent, guardian or nearest
relative of the basis for the denial.
(Source: P.A. 94-696, eff. 6-1-06 .)
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730 ILCS 5/3-10-5
(730 ILCS 5/3-10-5) (from Ch. 38, par. 1003-10-5)
Sec. 3-10-5. Transfers to the Department of Human Services.
(a) If a person committed to the Department of Juvenile Justice meets the
standard for admission of a minor to a mental health facility or is suitable
for admission to a developmental disability facility, as these terms are
used in the Mental Health and Developmental Disabilities Code, the
Department may transfer the person to an appropriate State
hospital or institution of the Department of Human Services
for a period not to exceed 6 months, if the person consents in writing to
the transfer. The person shall be advised of his right not to consent, and
if he does not consent, the transfer may be effected only by
commitment under paragraph (e) of this Section.
(b) The parent, guardian or nearest relative and the attorney of record
shall be advised of his right to object. If an
objection is made, the
transfer may be effected only by commitment under paragraph (e) of this
Section. Notice of the transfer shall be mailed to the person's parent,
guardian or nearest relative marked for delivery to addressee only at his
last known address by certified mail with return receipt requested together
with written notification of the manner and time within which he may object
to the transfer. Objection to the transfer must be made by
the parent, guardian
or nearest relative within 15 days of receipt of the notification of
transfer, by written notice of the objection to the Director of Juvenile Justice or
chief administrative officer of the institution or facility of the
Department of Juvenile Justice where the person was confined.
(c) If a person committed to the Department under the Juvenile Court Act
or the Juvenile Court Act of 1987 is committed to a hospital or facility of the
Department of Human Services under this Section, the Director of Juvenile Justice shall so notify the committing juvenile court.
(d) Nothing in this Section shall limit the right of the Director
of Juvenile Justice or the chief administrative officer of any institution
or facility to utilize the emergency admission provisions of the Mental
Health and Developmental Disabilities Code with respect to any person in
his custody or care. The transfer of a person to an institution or facility
of the Department of Human Services under
paragraph (a) of this Section does not discharge the person from the control
of the Department of Juvenile Justice.
(e) If the person does not consent to his transfer to the Department of
Human Services or if a
person objects under paragraph (b) of this Section, or if the Department of
Human Services determines
that a transferred person requires
admission to the Department of Human Services
for more than 6 months for any reason, the Director of Juvenile Justice shall file a petition in the circuit court of the county in which
the institution or facility is located requesting admission of the person
to the Department of Human Services. A
certificate of a clinical psychologist, licensed clinical social
worker who is a qualified examiner as defined in Section 1-122 of the
Mental Health and Developmental Disabilities Code, or psychiatrist,
or, if admission to
a developmental disability facility is sought, of a physician that the
person is in need of commitment to the Department of Human Services for treatment or habilitation
shall be attached
to the petition. Copies of the petition shall be furnished to the named
person, his parent, or guardian or nearest relative, the committing
court, and to the state's attorneys of the county in which the institution
or facility of the Department of Juvenile Justice from which the person was transferred
is located and the county from which the named person was committed to
the Department of Juvenile Justice.
(f) The court shall set a date for a hearing on the petition within the
time limit set forth in the Mental Health and Developmental Disabilities
Code. The hearing shall be conducted in the manner prescribed by the Mental
Health and Developmental Disabilities Code. If the person is found to be
in need of commitment to the Department of Human Services for treatment or
habilitation, the court may
commit him to
that Department.
(g) In the event that a person committed to the Department under the
Juvenile Court Act or the Juvenile Court Act of 1987 is committed to facilities
of the Department of Human Services under paragraph (e) of this Section, the
Director of Juvenile Justice shall petition the committing juvenile court for an
order terminating the Director's custody.
(Source: P.A. 94-696, eff. 6-1-06 .)
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730 ILCS 5/3-10-6
(730 ILCS 5/3-10-6) (from Ch. 38, par. 1003-10-6)
Sec. 3-10-6. Return and Release from Department of Human Services.
(a) The Department of Human Services shall return to the Department of Juvenile Justice
any person
committed to a facility of the Department under paragraph (a) of Section
3-10-5 when the person no longer meets the standard for admission of a
minor to a mental health facility, or is suitable for administrative
admission to a developmental disability facility.
(b) If a person returned to the Department of Juvenile Justice under paragraph (a)
of this Section has not had an aftercare release hearing within the preceding 6 months,
he or she shall have an aftercare release hearing within 45 days after his or her return.
(c) The Department of Juvenile Justice shall notify the Secretary of Human Services
of the expiration of the
commitment or sentence of any person transferred to the Department of Human
Services under Section
3-10-5. If the Department of Human Services determines that such person
transferred to it under paragraph (a) of Section 3-10-5 requires further
hospitalization, it shall file a petition for commitment of such person
under the Mental Health and Developmental Disabilities Code.
(d) The Department of Human Services shall
release under the Mental Health and Developmental Disabilities Code, any
person transferred to it pursuant to paragraph (c) of Section 3-10-5, whose
sentence has expired and whom it deems no longer meets the standard for
admission of a minor to a mental health facility, or is suitable for
administrative admission to a developmental disability facility. A person
committed to the Department of Juvenile Justice under the Juvenile Court Act
or the Juvenile Court Act of 1987 and transferred to the Department of Human
Services under paragraph (c)
of Section
3-10-5 shall be released to the committing juvenile court when the
Department of Human Services determines that
he or she no longer requires hospitalization for treatment.
(Source: P.A. 98-558, eff. 1-1-14.)
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730 ILCS 5/3-10-7
(730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
Sec. 3-10-7. Interdepartment transfers. (a) (Blank).
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) The Director of Juvenile Justice or his designee may authorize the permanent transfer to
the Department of Corrections of any person 18 years or older who was prosecuted under
the provisions of the Criminal Code of 1961 or the Criminal Code of 2012 and sentenced
under the provisions of this Act pursuant to Section 2-7 of the Juvenile
Court Act or Section 5-805 of the Juvenile Court Act of 1987
and committed to the Department of Juvenile Justice under Section 5-8-6 of this Act.
(Source: P.A. 99-628, eff. 1-1-17 .)
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730 ILCS 5/3-10-8
(730 ILCS 5/3-10-8) (from Ch. 38, par. 1003-10-8)
Sec. 3-10-8. Discipline.) (a)(1) Corporal punishment and
disciplinary restrictions on diet, medical or sanitary facilities,
clothing, bedding or mail are prohibited, as are reductions in
the frequency of use of toilets, washbowls and showers.
(2) Disciplinary restrictions on visitation, work, education
or program assignments, the use of toilets, washbowls
and showers shall be related as closely as practicable to
abuse of such privileges or facilities. This paragraph shall
not apply to segregation or isolation of persons for purposes
of institutional control.
(3) No person committed to the Department of Juvenile Justice may be
isolated for disciplinary reasons.
(b) The Department of Juvenile Justice shall establish rules and
regulations governing disciplinary practices, the penalties
for violation thereof, and the disciplinary procedure by which
such penalties may be imposed. The rules of behavior shall be
made known to each committed person, and the discipline shall
be suited to the infraction and fairly applied.
(c) All disciplinary action imposed upon persons in
institutions and facilities of the Department of Juvenile Justice shall
be consistent with this Section and Department rules and
regulations adopted hereunder.
(d) Disciplinary action imposed under this Section shall be
reviewed by the grievance procedure under Section 3-8-8.
(e) A written report of any infraction for which discipline
is imposed shall be filed with the chief administrative officer
within 72 hours of the occurrence of the infraction or the
discovery of it and such report shall be placed in the file
of the institution or facility.
(f) All institutions and facilities of the Department of Juvenile Justice
shall establish, subject to the approval of the Director of Juvenile Justice,
procedures for disciplinary cases except those that may
involve delay in
referral to the Prisoner Review Board or a change in work,
education or other program assignment of more than 7 days duration.
(g) In disciplinary cases which may involve delay in referral to the Prisoner Review Board, or a change in work, education or other
program assignment of more than 7 days duration, the Director
shall establish disciplinary procedures consistent with the
following principles:
(1) Any person or persons who initiate a disciplinary | | charge against a person shall not decide the charge. To the extent possible, a person representing the counseling staff of the institution or facility shall participate in deciding the disciplinary case.
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(2) Any committed person charged with a violation of
| | Department rules of behavior shall be given notice of the charge including a statement of the misconduct alleged and of the rules this conduct is alleged to violate.
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(3) Any person charged with a violation of rules is
| | entitled to a hearing on that charge at which time he shall have an opportunity to appear before and address the person or persons deciding the charge.
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(4) The person or persons deciding the charge may
| | also summon to testify any witnesses or other persons with relevant knowledge of the incident. The person charged may be permitted to question any person so summoned.
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(5) If the charge is sustained, the person charged is
| | entitled to a written statement of the decision by the persons deciding the charge which shall include the basis for the decision and the disciplinary action, if any, to be imposed.
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(6) A change in work, education, or other program
| | assignment shall not be used for disciplinary purposes except as provided in paragraph (a) of the Section and then only after review and approval under Section 3-10-3.
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(Source: P.A. 102-350, eff. 8-13-21.)
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730 ILCS 5/3-10-9
(730 ILCS 5/3-10-9) (from Ch. 38, par. 1003-10-9)
Sec. 3-10-9. Grievances.
The procedures for grievances of the Department of Juvenile Justice shall be governed
under Section 3-8-8.
(Source: P.A. 94-696, eff. 6-1-06 .)
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