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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 5/3-15-2
(730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
Sec. 3-15-2. Standards and Assistance to Local Jails and Detention
and Shelter Care Facilities. (a) The Department of Corrections shall establish for the operation of county and
municipal jails and houses of correction, minimum standards for the physical
condition of such institutions and for the treatment of inmates with
respect to their health and safety and the security of the community.
The Department of Juvenile Justice shall establish for the operation of county juvenile detention
and shelter care facilities established pursuant to the County Shelter
Care and Detention Home Act, minimum standards for the physical
condition of such institutions and for the treatment of juveniles with
respect to their health and safety and the security of the community.
Such standards shall not apply to county shelter care facilities which
were in operation prior to January 1, 1980. Such standards shall not seek
to mandate minimum floor space requirements for each inmate housed in cells
and detention rooms in county and
municipal jails and houses of correction.
However, no more than two inmates may be housed in a single cell or detention
room.
When an inmate is tested for an airborne
communicable disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results of
the test
shall be personally delivered by the warden or his or her designee in a sealed
envelope to the judge of the court in which the inmate must appear for the
judge's inspection in camera if requested by the judge. Acting in accordance
with the best interests of those in the courtroom, the judge shall have the
discretion to determine what if any precautions need to be taken to prevent
transmission of the disease in the courtroom.
(b) At least once each year, the Department of Corrections may inspect each
adult
facility for compliance with the standards established and the results
of such inspection shall be made available by the Department for public
inspection. At least once each year, the Department of Juvenile Justice shall inspect each
county juvenile detention and shelter care facility for compliance with the
standards established, and the Department of Juvenile Justice shall make the results of such
inspections available for public inspection.
If any detention, shelter care or correctional facility does
not comply with the standards established, the Director of Corrections
or the Director of Juvenile Justice, as the case may be, shall give notice to the county board and the sheriff or the corporate
authorities of the municipality, as the case may be, of such
noncompliance, specifying the particular standards that have not been
met by such facility. If the facility is not in compliance with such
standards when six months have elapsed from the giving of such notice,
the Director of Corrections or the Director of Juvenile Justice, as the case may be, may petition the appropriate court for an
order requiring such facility to comply with the standards established
by the Department or for other appropriate relief.
(c) The Department of Corrections may provide consultation services for the
design, construction, programs and administration of correctional facilities and services for adults
operated by counties and municipalities and may make studies and
surveys of the programs and the administration of such facilities.
Personnel of the Department shall be admitted to these facilities as
required for such purposes. The Department may develop and administer
programs of grants-in-aid for correctional services in cooperation with
local agencies. The Department may provide courses of training for the
personnel of such institutions and conduct pilot projects in the
institutions.
(c-5) The Department of Juvenile Justice may provide consultation services for the
design, construction, programs, and administration of detention and shelter care services for children operated by counties and municipalities and may make studies and
surveys of the programs and the administration of such facilities.
Personnel of the Department of Juvenile Justice shall be admitted to these facilities as
required for such purposes. The Department of Juvenile Justice may develop and administer
programs of grants-in-aid for juvenile correctional services in cooperation with
local agencies. The Department of Juvenile Justice may provide courses of training for the
personnel of such institutions and conduct pilot projects in the
institutions.
(d) The Department is authorized to issue reimbursement grants for
counties, municipalities or public building commissions for the purpose of
meeting minimum correctional facilities standards set by the Department
under this Section. Grants may be issued only for projects that were
completed after July 1, 1980 and initiated prior to January 1, 1987.
(1) Grants for regional correctional facilities shall | | not exceed 90% of the project costs or $7,000,000, whichever is less.
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(2) Grants for correctional facilities by a single
| | county, municipality or public building commission shall not exceed 75% of the proposed project costs or $4,000,000, whichever is less.
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(3) As used in this subsection (d), "project" means
| | only that part of a facility that is constructed for jail, correctional or detention purposes and does not include other areas of multi-purpose buildings.
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Construction or renovation grants are authorized to be issued by the
Capital Development Board from capital development bond funds after
application by a county or counties, municipality or municipalities or
public building commission or commissions and approval of a construction or
renovation grant by the Department for projects initiated after
January 1, 1987.
(e) The Department of Corrections shall adopt standards for county jails to hold
juveniles on a temporary basis, as provided in Section 5-410 of the
Juvenile Court Act of 1987. These standards shall include monitoring,
educational, recreational, and disciplinary standards as well
as access to medical services, crisis intervention, mental health services,
suicide prevention, health care, nutritional needs, and visitation rights. The
Department of Corrections shall also notify any county applying to hold juveniles in a county
jail of the standards for juvenile detention
under Section 5-410 of the Juvenile Court Act of
1987.
(Source: P.A. 98-685, eff. 1-1-15 .)
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730 ILCS 5/3-15-3
(730 ILCS 5/3-15-3) (from Ch. 38, par. 1003-15-3)
Sec. 3-15-3. Persons with mental illness and developmental
disabilities. (a) The Department of Corrections must, by rule, adopt
standards
and procedures
for the provision of mental health and developmental disability services to
persons with mental illness and persons with a developmental disability
confined in a county jail as set forth under
Section 3-7-7 of this Code.
The Department of Juvenile Justice must, by rule, adopt standards and procedures for the provision of mental health and developmental disability services to persons with mental illness and persons with a developmental disability confined in a juvenile detention facility as set forth under Section 3-7-7 of this Code. Those standards and procedures must address screening and classification,
the use of
psychotropic medications, suicide prevention, qualifications of staff, staffing
levels, staff training, discharge, linkage and aftercare, the confidentiality
of mental health records, and such other issues as are necessary to ensure that
inmates with mental illness receive adequate and humane care and services.
(b) At least once each year, the Department of Corrections must inspect each county jail
for compliance with the standards and
procedures established. At least once each year, the Department of Juvenile Justice must inspect each juvenile detention facility for compliance with the standards and procedures established.
The results of the inspection must be made available by the Department of Corrections or the Department of Juvenile Justice, as the case may be, for
public inspection. If any county jail or juvenile detention facility does not comply
with the standards and procedures
established, the Director of Corrections or the Director of Juvenile Justice, as the case may be, must give notice to the county board
and the sheriff of such noncompliance, specifying the particular standards and
procedures that
have not been met by the county jail or juvenile detention facility. If the county jail or
juvenile detention facility is not in
compliance with the standards and procedures when 6 months have elapsed from
the giving of
such notice, the Director of Corrections or the Director of Juvenile Justice, as the case may be, may petition the appropriate court for
an order
requiring the jail or juvenile detention facility to comply with the standards
and procedures established by the
Department of Corrections or the Department of Juvenile Justice, as the case may be, or for other appropriate relief.
(Source: P.A. 98-685, eff. 1-1-15 .)
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730 ILCS 5/3-15-4
(730 ILCS 5/3-15-4)
Sec. 3-15-4.
Task force on mental health services in municipal jails and
lockups.
(a) The Department of Corrections shall convene a special task force to
develop and propose model standards for the delivery of mental health services
and the prevention of suicides in municipal jails and lockups. The task force
shall be
composed of no more than 22 members appointed by the Director of Corrections
as follows:
(1) Not more than 8 members representing | |
(2) Not more than 8 members representing community
| | mental health service providers and State operated and private psychiatric hospitals, including no more than 3 representatives of the Office of Mental Health, Department of Human Services.
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(3) Three members of the general public, at least one
| | of whom must be a primary consumer of mental health services.
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(4) Not more than 3 representatives of the following
| | groups: the National Commission on Correctional Health Care, the American Correctional Association, the Joint Commission on the Accreditation of Health Care Organizations, the American Association of Correctional Psychology, the John Howard Association.
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The Director of Corrections shall in appointing the task force attempt to
ensure that the membership on the task force represents the geographic
diversity of the State.
(b) The members of the task force shall serve without compensation and may
not receive reimbursement for any expenses incurred in performing their duties
as members of the task force.
(c) The task force may, without limitation, (i) determine what services
and screening should be provided in municipal pre-trial detention facilities
and what
training and resources are necessary to provide those services and (ii)
recommend changes in the Department's standards for municipal jails and
lockups.
(d) Before the Department acts upon any recommendation of the task force,
the Department must hold a public hearing to provide individuals with mental
illnesses and their family members, mental health advocacy organizations, and
the public to review, comment upon, and suggest any changes to the proposed
standards for municipal jails and lockups.
(e) The task force must submit its recommendations as to any changes in the
standards for municipal jails and lockups to the General Assembly by January
15, 2002.
(Source: P.A. 92-469, eff. 8-22-01.)
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730 ILCS 5/Ch. III Art. 16
(730 ILCS 5/Ch. III Art. 16 heading)
ARTICLE 16.
PILOT PROGRAM FOR SELECTED
PAROLED JUVENILE OFFENDERS
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730 ILCS 5/3-16-5
(730 ILCS 5/3-16-5)
Sec. 3-16-5. Multi-year pilot program for selected paroled youth
released from institutions of the Department of Juvenile Justice.
(a) The Department of Juvenile Justice may establish in Cook County, DuPage
County, Lake County, Will County,
and Kane County a 6 year pilot program for selected youthful offenders
released to parole by the Department of Juvenile Justice.
(b) A person who is being released to parole from the Department of Juvenile Justice
under subsection (e) of Section 3-3-3 whom the
Department of Juvenile Justice deems a serious or at risk delinquent youth who is likely to
have
difficulty re-adjusting to the community, who has had either significant
clinical problems or a history of criminal activity related to sex offenses,
drugs, weapons, or gangs, and who is returning to
Cook County, Will County, Lake County, DuPage County, or Kane County may be
screened for eligibility to participate in the pilot
program.
(c) If the Department of Juvenile Justice establishes a pilot program under this
Section,
the Department of Juvenile Justice shall provide
supervision and structured services to persons selected to participate in the
program to: (i)
ensure that they receive high levels of supervision and case managed,
structured services; (ii) prepare them for re-integration into the community;
(iii) effectively monitor their compliance with parole requirements and
programming;
and (iv) minimize the likelihood that they will commit additional offenses.
(d) Based upon the needs of a participant, the Department of Juvenile Justice may provide any or
all of the following to a participant:
(1) Risk and needs assessment;
(2) Comprehensive case management;
(3) Placement in licensed secured community | | facilities as a transitional measure;
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(4) Transition to residential programming;
(5) Targeted intensive outpatient treatment services;
(6) Structured day and evening reporting programs and
| | behavioral day treatment;
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(7) Family counseling;
(8) Transitional programs to independent living;
(9) Alternative placements;
(10) Substance abuse treatment.
(e) A needs assessment case plan and parole supervision profile may be
completed by the Department of Juvenile Justice before the selected eligible
person's release from institutional custody to parole supervision.
The needs assessment case plan and parole supervision profile shall include
identification of placement
requirements, intensity of parole supervision, and assessments of
educational, psychological, vocational, medical, and substance abuse treatment
needs. Following the completion by the Department of Juvenile Justice of the
parole supervision profile and needs assessment case plan, a comprehensive
parole case management plan
shall be developed for each committed youth eligible and selected for admission
to the pilot program. The comprehensive parole case management plan shall be
submitted for approval by the
Department of Juvenile Justice and for presentation to the Prisoner Review Board.
(f) The Department of Juvenile Justice may identify in a comprehensive parole case management
plan any special conditions for
parole supervision and establish sanctions for a participant who
fails to comply with the program requirements or who violates parole rules.
These sanctions may include the return of a participant to a secure community
placement or recommendations for parole revocation to the Prisoner
Review Board. Paroled youth may be held for investigation in secure community
facilities or on warrant
pending revocation in local detention or jail facilities based on age.
(g) The Department of Juvenile Justice may select and contract with a community-based network
and work in partnership with private providers to provide the services
specified in
subsection (d).
(h) If the Department of Juvenile Justice establishes a pilot program under this Section,
the Department of Juvenile Justice shall,
in the 3 years following the effective date of this amendatory Act of
1997, first implement the pilot program in Cook County
and then implement the pilot program in DuPage County, Lake County, Will
County, and Kane County in accordance with a schedule to be developed by the
Department of Juvenile Justice.
(i) If the Department of Juvenile Justice establishes a pilot program under this Section,
the Department of Juvenile Justice shall establish a 3 year follow-up evaluation and outcome
assessment for all participants in the pilot program.
(j) If the Department of Juvenile Justice establishes a pilot program under this Section,
the Department of Juvenile Justice shall publish an outcome study covering a 3 year
follow-up period for participants in the pilot program.
(Source: P.A. 94-696, eff. 6-1-06 .)
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730 ILCS 5/Ch. III Art. 17
(730 ILCS 5/Ch. III Art. 17 heading)
ARTICLE 17. TRANSITIONAL HOUSING FOR SEX OFFENDERS
(Source: P.A. 94-161, eff. 7-11-05; 95-331, eff. 8-21-07.) |
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