Bill Text: IL HB4083 | 2013-2014 | 98th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Juvenile Court Act of 1987. Makes a technical change in a Section concerning the short title.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-06-30 - Public Act . . . . . . . . . 98-0685 [HB4083 Detail]

Download: Illinois-2013-HB4083-Enrolled.html

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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 5-105, 5-410, and 5-501 as follows:
(705 ILCS 405/5-105)
Sec. 5-105. Definitions. As used in this Article:
(1) "Aftercare release" means the conditional and
revocable release of an adjudicated delinquent juvenile
committed to the Department of Juvenile Justice under the
supervision of the Department of Juvenile Justice.
(1.5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act, and
includes the term Juvenile Court.
(2) "Community service" means uncompensated labor for
a community service agency as hereinafter defined.
(2.5) "Community service agency" means a
not-for-profit organization, community organization,
church, charitable organization, individual, public
office, or other public body whose purpose is to enhance
the physical or mental health of a delinquent minor or to
rehabilitate the minor, or to improve the environmental
quality or social welfare of the community which agrees to

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accept community service from juvenile delinquents and to
report on the progress of the community service to the
State's Attorney pursuant to an agreement or to the court
or to any agency designated by the court or to the
authorized diversion program that has referred the
delinquent minor for community service.
(3) "Delinquent minor" means any minor who prior to his
or her 18th birthday has violated or attempted to violate,
regardless of where the act occurred, any federal, State,
county or municipal law or ordinance.
(4) "Department" means the Department of Human
Services unless specifically referenced as another
department.
(5) "Detention" means the temporary care of a minor who
is alleged to be or has been adjudicated delinquent and who
requires secure custody for the minor's own protection or
the community's protection in a facility designed to
physically restrict the minor's movements, pending
disposition by the court or execution of an order of the
court for placement or commitment. Design features that
physically restrict movement include, but are not limited
to, locked rooms and the secure handcuffing of a minor to a
rail or other stationary object. In addition, "detention"
includes the court ordered care of an alleged or
adjudicated delinquent minor who requires secure custody
pursuant to Section 5-125 of this Act.

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(6) "Diversion" means the referral of a juvenile,
without court intervention, into a program that provides
services designed to educate the juvenile and develop a
productive and responsible approach to living in the
community.
(7) "Juvenile detention home" means a public facility
with specially trained staff that conforms to the county
juvenile detention standards adopted promulgated by the
Department of Juvenile Justice Corrections.
(8) "Juvenile justice continuum" means a set of
delinquency prevention programs and services designed for
the purpose of preventing or reducing delinquent acts,
including criminal activity by youth gangs, as well as
intervention, rehabilitation, and prevention services
targeted at minors who have committed delinquent acts, and
minors who have previously been committed to residential
treatment programs for delinquents. The term includes
children-in-need-of-services and
families-in-need-of-services programs; aftercare and
reentry services; substance abuse and mental health
programs; community service programs; community service
work programs; and alternative-dispute resolution programs
serving youth-at-risk of delinquency and their families,
whether offered or delivered by State or local governmental
entities, public or private for-profit or not-for-profit
organizations, or religious or charitable organizations.

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This term would also encompass any program or service
consistent with the purpose of those programs and services
enumerated in this subsection.
(9) "Juvenile police officer" means a sworn police
officer who has completed a Basic Recruit Training Course,
has been assigned to the position of juvenile police
officer by his or her chief law enforcement officer and has
completed the necessary juvenile officers training as
prescribed by the Illinois Law Enforcement Training
Standards Board, or in the case of a State police officer,
juvenile officer training approved by the Director of State
Police.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Non-secure custody" means confinement where the
minor is not physically restricted by being placed in a
locked cell or room, by being handcuffed to a rail or other
stationary object, or by other means. Non-secure custody
may include, but is not limited to, electronic monitoring,
foster home placement, home confinement, group home
placement, or physical restriction of movement or activity
solely through facility staff.
(12) "Public or community service" means uncompensated
labor for a not-for-profit organization or public body
whose purpose is to enhance physical or mental stability of
the offender, environmental quality or the social welfare

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and which agrees to accept public or community service from
offenders and to report on the progress of the offender and
the public or community service to the court or to the
authorized diversion program that has referred the
offender for public or community service.
(13) "Sentencing hearing" means a hearing to determine
whether a minor should be adjudged a ward of the court, and
to determine what sentence should be imposed on the minor.
It is the intent of the General Assembly that the term
"sentencing hearing" replace the term "dispositional
hearing" and be synonymous with that definition as it was
used in the Juvenile Court Act of 1987.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court
disposition or execution of court order for placement.
(15) "Site" means a not-for-profit organization,
public body, church, charitable organization, or
individual agreeing to accept community service from
offenders and to report on the progress of ordered or
required public or community service to the court or to the
authorized diversion program that has referred the
offender for public or community service.
(16) "Station adjustment" means the informal or formal
handling of an alleged offender by a juvenile police
officer.
(17) "Trial" means a hearing to determine whether the

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allegations of a petition under Section 5-520 that a minor
is delinquent are proved beyond a reasonable doubt. It is
the intent of the General Assembly that the term "trial"
replace the term "adjudicatory hearing" and be synonymous
with that definition as it was used in the Juvenile Court
Act of 1987.
The changes made to this Section by Public Act 98-61 this
amendatory Act of the 98th General Assembly apply to violations
or attempted violations committed on or after January 1, 2014
(the effective date of Public Act 98-61) this amendatory Act.
(Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; revised
1-21-14.)
(705 ILCS 405/5-410)
Sec. 5-410. Non-secure custody or detention.
(1) Any minor arrested or taken into custody pursuant to
this Act who requires care away from his or her home but who
does not require physical restriction shall be given temporary
care in a foster family home or other shelter facility
designated by the court.
(2) (a) Any minor 10 years of age or older arrested
pursuant to this Act where there is probable cause to believe
that the minor is a delinquent minor and that (i) secured
custody is a matter of immediate and urgent necessity for the
protection of the minor or of the person or property of
another, (ii) the minor is likely to flee the jurisdiction of

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the court, or (iii) the minor was taken into custody under a
warrant, may be kept or detained in an authorized detention
facility. No minor under 12 years of age shall be detained in a
county jail or a municipal lockup for more than 6 hours.
(b) The written authorization of the probation officer or
detention officer (or other public officer designated by the
court in a county having 3,000,000 or more inhabitants)
constitutes authority for the superintendent of any juvenile
detention home to detain and keep a minor for up to 40 hours,
excluding Saturdays, Sundays and court-designated holidays.
These records shall be available to the same persons and
pursuant to the same conditions as are law enforcement records
as provided in Section 5-905.
(b-4) The consultation required by subsection (b-5) shall
not be applicable if the probation officer or detention officer
(or other public officer designated by the court in a county
having 3,000,000 or more inhabitants) utilizes a scorable
detention screening instrument, which has been developed with
input by the State's Attorney, to determine whether a minor
should be detained, however, subsection (b-5) shall still be
applicable where no such screening instrument is used or where
the probation officer, detention officer (or other public
officer designated by the court in a county having 3,000,000 or
more inhabitants) deviates from the screening instrument.
(b-5) Subject to the provisions of subsection (b-4), if a
probation officer or detention officer (or other public officer

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designated by the court in a county having 3,000,000 or more
inhabitants) does not intend to detain a minor for an offense
which constitutes one of the following offenses he or she shall
consult with the State's Attorney's Office prior to the release
of the minor: first degree murder, second degree murder,
involuntary manslaughter, criminal sexual assault, aggravated
criminal sexual assault, aggravated battery with a firearm as
described in Section 12-4.2 or subdivision (e)(1), (e)(2),
(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
battery involving permanent disability or disfigurement or
great bodily harm, robbery, aggravated robbery, armed robbery,
vehicular hijacking, aggravated vehicular hijacking, vehicular
invasion, arson, aggravated arson, kidnapping, aggravated
kidnapping, home invasion, burglary, or residential burglary.
(c) Except as otherwise provided in paragraph (a), (d), or
(e), no minor shall be detained in a county jail or municipal
lockup for more than 12 hours, unless the offense is a crime of
violence in which case the minor may be detained up to 24
hours. For the purpose of this paragraph, "crime of violence"
has the meaning ascribed to it in Section 1-10 of the
Alcoholism and Other Drug Abuse and Dependency Act.
(i) The period of detention is deemed to have begun
once the minor has been placed in a locked room or cell or
handcuffed to a stationary object in a building housing a
county jail or municipal lockup. Time spent transporting a
minor is not considered to be time in detention or secure

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custody.
(ii) Any minor so confined shall be under periodic
supervision and shall not be permitted to come into or
remain in contact with adults in custody in the building.
(iii) Upon placement in secure custody in a jail or
lockup, the minor shall be informed of the purpose of the
detention, the time it is expected to last and the fact
that it cannot exceed the time specified under this Act.
(iv) A log shall be kept which shows the offense which
is the basis for the detention, the reasons and
circumstances for the decision to detain and the length of
time the minor was in detention.
(v) Violation of the time limit on detention in a
county jail or municipal lockup shall not, in and of
itself, render inadmissible evidence obtained as a result
of the violation of this time limit. Minors under 18 years
of age shall be kept separate from confined adults and may
not at any time be kept in the same cell, room or yard with
adults confined pursuant to criminal law. Persons 18 years
of age and older who have a petition of delinquency filed
against them may be confined in an adult detention
facility. In making a determination whether to confine a
person 18 years of age or older who has a petition of
delinquency filed against the person, these factors, among
other matters, shall be considered:
(A) The age of the person;

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(B) Any previous delinquent or criminal history of
the person;
(C) Any previous abuse or neglect history of the
person; and
(D) Any mental health or educational history of the
person, or both.
(d) (i) If a minor 12 years of age or older is confined in a
county jail in a county with a population below 3,000,000
inhabitants, then the minor's confinement shall be implemented
in such a manner that there will be no contact by sight, sound
or otherwise between the minor and adult prisoners. Minors 12
years of age or older must be kept separate from confined
adults and may not at any time be kept in the same cell, room,
or yard with confined adults. This paragraph (d)(i) shall only
apply to confinement pending an adjudicatory hearing and shall
not exceed 40 hours, excluding Saturdays, Sundays and court
designated holidays. To accept or hold minors during this time
period, county jails shall comply with all monitoring standards
adopted promulgated by the Department of Corrections and
training standards approved by the Illinois Law Enforcement
Training Standards Board.
(ii) To accept or hold minors, 12 years of age or older,
after the time period prescribed in paragraph (d)(i) of this
subsection (2) of this Section but not exceeding 7 days
including Saturdays, Sundays and holidays pending an
adjudicatory hearing, county jails shall comply with all

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temporary detention standards adopted promulgated by the
Department of Corrections and training standards approved by
the Illinois Law Enforcement Training Standards Board.
(iii) To accept or hold minors 12 years of age or older,
after the time period prescribed in paragraphs (d)(i) and
(d)(ii) of this subsection (2) of this Section, county jails
shall comply with all county juvenile detention standards
adopted programmatic and training standards for juvenile
detention homes promulgated by the Department of Juvenile
Justice Corrections.
(e) When a minor who is at least 15 years of age is
prosecuted under the criminal laws of this State, the court may
enter an order directing that the juvenile be confined in the
county jail. However, any juvenile confined in the county jail
under this provision shall be separated from adults who are
confined in the county jail in such a manner that there will be
no contact by sight, sound or otherwise between the juvenile
and adult prisoners.
(f) For purposes of appearing in a physical lineup, the
minor may be taken to a county jail or municipal lockup under
the direct and constant supervision of a juvenile police
officer. During such time as is necessary to conduct a lineup,
and while supervised by a juvenile police officer, the sight
and sound separation provisions shall not apply.
(g) For purposes of processing a minor, the minor may be
taken to a County Jail or municipal lockup under the direct and

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constant supervision of a law enforcement officer or
correctional officer. During such time as is necessary to
process the minor, and while supervised by a law enforcement
officer or correctional officer, the sight and sound separation
provisions shall not apply.
(3) If the probation officer or State's Attorney (or such
other public officer designated by the court in a county having
3,000,000 or more inhabitants) determines that the minor may be
a delinquent minor as described in subsection (3) of Section
5-105, and should be retained in custody but does not require
physical restriction, the minor may be placed in non-secure
custody for up to 40 hours pending a detention hearing.
(4) Any minor taken into temporary custody, not requiring
secure detention, may, however, be detained in the home of his
or her parent or guardian subject to such conditions as the
court may impose.
(5) The changes made to this Section by Public Act 98-61
this amendatory Act of the 98th General Assembly apply to a
minor who has been arrested or taken into custody on or after
January 1, 2014 (the effective date of Public Act 98-61) this
amendatory Act.
(Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)
(705 ILCS 405/5-501)
Sec. 5-501. Detention or shelter care hearing. At the
appearance of the minor before the court at the detention or

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shelter care hearing, the court shall receive all relevant
information and evidence, including affidavits concerning the
allegations made in the petition. Evidence used by the court in
its findings or stated in or offered in connection with this
Section may be by way of proffer based on reliable information
offered by the State or minor. All evidence shall be admissible
if it is relevant and reliable regardless of whether it would
be admissible under the rules of evidence applicable at a
trial. No hearing may be held unless the minor is represented
by counsel and no hearing shall be held until the minor has had
adequate opportunity to consult with counsel.
(1) If the court finds that there is not probable cause to
believe that the minor is a delinquent minor it shall release
the minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is a delinquent minor, the minor, his or
her parent, guardian, custodian and other persons able to give
relevant testimony may be examined before the court. The court
may also consider any evidence by way of proffer based upon
reliable information offered by the State or the minor. All
evidence, including affidavits, shall be admissible if it is
relevant and reliable regardless of whether it would be
admissible under the rules of evidence applicable at trial.
After such evidence is presented, the court may enter an order
that the minor shall be released upon the request of a parent,
guardian or legal custodian if the parent, guardian or

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custodian appears to take custody.
If the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor or of the
person or property of another that the minor be detained or
placed in a shelter care facility or that he or she is likely
to flee the jurisdiction of the court, the court may prescribe
detention or shelter care and order that the minor be kept in a
suitable place designated by the court or in a shelter care
facility designated by the Department of Children and Family
Services or a licensed child welfare agency; otherwise it shall
release the minor from custody. If the court prescribes shelter
care, then in placing the minor, the Department or other agency
shall, to the extent compatible with the court's order, comply
with Section 7 of the Children and Family Services Act. In
making the determination of the existence of immediate and
urgent necessity, the court shall consider among other matters:
(a) the nature and seriousness of the alleged offense; (b) the
minor's record of delinquency offenses, including whether the
minor has delinquency cases pending; (c) the minor's record of
willful failure to appear following the issuance of a summons
or warrant; (d) the availability of non-custodial
alternatives, including the presence of a parent, guardian or
other responsible relative able and willing to provide
supervision and care for the minor and to assure his or her
compliance with a summons. If the minor is ordered placed in a
shelter care facility of a licensed child welfare agency, the

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court shall, upon request of the agency, appoint the
appropriate agency executive temporary custodian of the minor
and the court may enter such other orders related to the
temporary custody of the minor as it deems fit and proper.
The order together with the court's findings of fact in
support of the order shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the minor
be placed in a shelter care facility, the minor shall not be
returned to the parent, custodian or guardian until the court
finds that the placement is no longer necessary for the
protection of the minor.
(3) Only when there is reasonable cause to believe that the
minor taken into custody is a delinquent minor may the minor be
kept or detained in a facility authorized for juvenile
detention. This Section shall in no way be construed to limit
subsection (4).
(4) Minors 12 years of age or older must be kept separate
from confined adults and may not at any time be kept in the
same cell, room or yard with confined adults. This paragraph
(4):
(a) shall only apply to confinement pending an
adjudicatory hearing and shall not exceed 40 hours,
excluding Saturdays, Sundays, and court designated
holidays. To accept or hold minors during this time period,
county jails shall comply with all monitoring standards

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adopted for juvenile detention homes promulgated by the
Department of Corrections and training standards approved
by the Illinois Law Enforcement Training Standards Board.
(b) To accept or hold minors, 12 years of age or older,
after the time period prescribed in clause (a) of
subsection (4) of this Section but not exceeding 7 days
including Saturdays, Sundays, and holidays, pending an
adjudicatory hearing, county jails shall comply with all
temporary detention standards adopted promulgated by the
Department of Corrections and training standards approved
by the Illinois Law Enforcement Training Standards Board.
(c) To accept or hold minors 12 years of age or older,
after the time period prescribed in clause (a) and (b), of
this subsection county jails shall comply with all county
juvenile detention standards adopted programmatic and
training standards for juvenile detention homes
promulgated by the Department of Juvenile Justice
Corrections.
(5) If the minor is not brought before a judicial officer
within the time period as specified in Section 5-415 the minor
must immediately be released from custody.
(6) If neither the parent, guardian or legal custodian
appears within 24 hours to take custody of a minor released
from detention or shelter care, then the clerk of the court
shall set the matter for rehearing not later than 7 days after
the original order and shall issue a summons directed to the

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parent, guardian or legal custodian to appear. At the same time
the probation department shall prepare a report on the minor.
If a parent, guardian or legal custodian does not appear at
such rehearing, the judge may enter an order prescribing that
the minor be kept in a suitable place designated by the
Department of Human Services or a licensed child welfare
agency. The time during which a minor is in custody after being
released upon the request of a parent, guardian or legal
custodian shall be considered as time spent in detention for
purposes of scheduling the trial.
(7) Any party, including the State, the temporary
custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, may file a motion to modify or vacate a
temporary custody order or vacate a detention or shelter care
order on any of the following grounds:
(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in detention or shelter
care; or
(b) There is a material change in the circumstances of
the natural family from which the minor was removed; or
(c) A person, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children and

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Family Services or a child welfare agency or other service
provider have been successful in eliminating the need for
temporary custody.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary order but does not vacate its
finding of probable cause, the court may order that appropriate
services be continued or initiated in behalf of the minor and
his or her family.
(8) Whenever a petition has been filed under Section 5-520
the court can, at any time prior to trial or sentencing, order
that the minor be placed in detention or a shelter care
facility after the court conducts a hearing and finds that the
conduct and behavior of the minor may endanger the health,
person, welfare, or property of himself or others or that the
circumstances of his or her home environment may endanger his
or her health, person, welfare or property.
(Source: P.A. 95-846, eff. 1-1-09.)
Section 10. The Unified Code of Corrections is amended by
changing Sections 3-1-2, 3-2.5-75, 3-15-2, and 3-15-3 as
follows:
(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
Sec. 3-1-2. Definitions.
(a) "Chief Administrative Officer" means the person

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designated by the Director to exercise the powers and duties of
the Department of Corrections in regard to committed persons
within a correctional institution or facility, and includes the
superintendent of any juvenile institution or facility.
(a-3) "Aftercare release" means the conditional and
revocable release of a person committed to the Department of
Juvenile Justice under the Juvenile Court Act of 1987, under
the supervision of the Department of Juvenile Justice.
(a-5) "Sex offense" for the purposes of paragraph (16) of
subsection (a) of Section 3-3-7, paragraph (10) of subsection
(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
Section 5-6-3.1 only means:
(i) A violation of any of the following Sections of the
Criminal Code of 1961 or the Criminal Code of 2012: 10-7
(aiding or abetting child abduction under Section
10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent solicitation of
an adult), 11-14.4 (promoting juvenile prostitution),
11-15.1 (soliciting for a juvenile prostitute), 11-17.1
(keeping a place of juvenile prostitution), 11-18.1
(patronizing a juvenile prostitute), 11-19.1 (juvenile
pimping), 11-19.2 (exploitation of a child), 11-20.1
(child pornography), 11-20.1B or 11-20.3 (aggravated child
pornography), 11-1.40 or 12-14.1 (predatory criminal
sexual assault of a child), or 12-33 (ritualized abuse of a
child). An attempt to commit any of these offenses.

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(ii) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012:
11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
12-14 (aggravated criminal sexual assault), 11-1.60 or
12-16 (aggravated criminal sexual abuse), and subsection
(a) of Section 11-1.50 or subsection (a) of Section 12-15
(criminal sexual abuse). An attempt to commit any of these
offenses.
(iii) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012 when
the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this
subsection (a-5).
An offense violating federal law or the law of another
state that is substantially equivalent to any offense listed in
this subsection (a-5) shall constitute a sex offense for the
purpose of this subsection (a-5). A finding or adjudication as
a sexually dangerous person under any federal law or law of
another state that is substantially equivalent to the Sexually
Dangerous Persons Act shall constitute an adjudication for a

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sex offense for the purposes of this subsection (a-5).
(b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
(c) "Committed Person" is a person committed to the
Department, however a committed person shall not be considered
to be an employee of the Department of Corrections for any
purpose, including eligibility for a pension, benefits, or any
other compensation or rights or privileges which may be
provided to employees of the Department.
(c-5) "Computer scrub software" means any third-party
added software, designed to delete information from the
computer unit, the hard drive, or other software, which would
eliminate and prevent discovery of browser activity, including
but not limited to Internet history, address bar or bars, cache
or caches, and/or cookies, and which would over-write files in
a way so as to make previous computer activity, including but
not limited to website access, more difficult to discover.
(d) "Correctional Institution or Facility" means any
building or part of a building where committed persons are kept
in a secured manner.
(e) In the case of functions performed before the effective
date of this amendatory Act of the 94th General Assembly,
"Department" means both the Department of Corrections and the
Department of Juvenile Justice of this State, unless the
context is specific to either the Department of Corrections or

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the Department of Juvenile Justice. In the case of functions
performed on or after the effective date of this amendatory Act
of the 94th General Assembly, "Department" has the meaning
ascribed to it in subsection (f-5).
(f) In the case of functions performed before the effective
date of this amendatory Act of the 94th General Assembly,
"Director" means both the Director of the Department of
Corrections and the Director of Juvenile Justice, unless the
context is specific to either the Director of Corrections or
the Director of Juvenile Justice. In the case of functions
performed on or after the effective date of this amendatory Act
of the 94th General Assembly, "Director" has the meaning
ascribed to it in subsection (f-5).
(f-5) (Blank). In the case of functions performed on or
after the effective date of this amendatory Act of the 94th
General Assembly, references to "Department" or "Director"
refer to either the Department of Corrections or the Director
of Corrections or to the Department of Juvenile Justice or the
Director of Juvenile Justice unless the context is specific to
the Department of Juvenile Justice or the Director of Juvenile
Justice.
(g) "Discharge" means the final termination of a commitment
to the Department of Corrections.
(h) "Discipline" means the rules and regulations for the
maintenance of order and the protection of persons and property
within the institutions and facilities of the Department and

HB4083 Enrolled - 23 - LRB098 15641 RLC 50672 b
their enforcement.
(i) "Escape" means the intentional and unauthorized
absence of a committed person from the custody of the
Department.
(j) "Furlough" means an authorized leave of absence from
the Department of Corrections for a designated purpose and
period of time.
(k) "Parole" means the conditional and revocable release of
a person committed to the Department of Corrections under the
supervision of a parole officer.
(l) "Prisoner Review Board" means the Board established in
Section 3-3-1(a), independent of the Department, to review
rules and regulations with respect to good time credits, to
hear charges brought by the Department against certain
prisoners alleged to have violated Department rules with
respect to good time credits, to set release dates for certain
prisoners sentenced under the law in effect prior to the
effective date of this Amendatory Act of 1977, to hear and
decide the time of aftercare release for persons committed to
the Department of Juvenile Justice under the Juvenile Court Act
of 1987 to hear requests and make recommendations to the
Governor with respect to pardon, reprieve or commutation, to
set conditions for parole, aftercare release, and mandatory
supervised release and determine whether violations of those
conditions justify revocation of parole or release, and to
assume all other functions previously exercised by the Illinois

HB4083 Enrolled - 24 - LRB098 15641 RLC 50672 b
Parole and Pardon Board.
(m) Whenever medical treatment, service, counseling, or
care is referred to in this Unified Code of Corrections, such
term may be construed by the Department or Court, within its
discretion, to include treatment, service or counseling by a
Christian Science practitioner or nursing care appropriate
therewith whenever request therefor is made by a person subject
to the provisions of this Act.
(n) "Victim" shall have the meaning ascribed to it in
subsection (a) of Section 3 of the Bill of Rights for Victims
and Witnesses of Violent Crime Act.
(o) "Wrongfully imprisoned person" means a person who has
been discharged from a prison of this State and has received:
(1) a pardon from the Governor stating that such pardon
is issued on the ground of innocence of the crime for which
he or she was imprisoned; or
(2) a certificate of innocence from the Circuit Court
as provided in Section 2-702 of the Code of Civil
Procedure.
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
98-558, eff. 1-1-14.)
(730 ILCS 5/3-2.5-75)
Sec. 3-2.5-75. Release from Department of Juvenile
Justice.
(a) Upon release of a youth on aftercare, the Department

HB4083 Enrolled - 25 - LRB098 15641 RLC 50672 b
shall return all property held for the youth, provide the youth
with suitable clothing, and procure necessary transportation
for the youth to his or her designated place of residence and
employment. It may provide the youth with a grant of money for
travel and expenses which may be paid in installments. The
amount of the money grant shall be determined by the
Department.
(b) Before a wrongfully imprisoned person, as defined in
Section 3-1-2 of this Code, is discharged from the Department,
the Department shall provide him or her with any documents
necessary after discharge, including an identification card
under subsection (e) of this Section.
(c) The Department of Juvenile Justice may establish and
maintain, in any institution it administers, revolving funds to
be known as "Travel and Allowances Revolving Funds". These
revolving funds shall be used for advancing travel and expense
allowances to committed, released, and discharged youth. The
moneys paid into these revolving funds shall be from
appropriations to the Department for committed, released, and
discharged prisoners.
(d) Upon the release of a youth on aftercare, the
Department shall provide that youth with information
concerning programs and services of the Department of Public
Health to ascertain whether that youth has been exposed to the
human immunodeficiency virus (HIV) or any identified causative
agent of Acquired Immunodeficiency Syndrome (AIDS).

HB4083 Enrolled - 26 - LRB098 15641 RLC 50672 b
(e) Upon the release of a youth on aftercare or who has
been wrongfully imprisoned, the Department shall provide the
youth who has met the criteria established by the Department
with an identification card identifying the youth as being on
aftercare or wrongfully imprisoned, as the case may be. The
Department, in consultation with the Office of the Secretary of
State, shall prescribe the form of the identification card,
which may be similar to the form of the standard Illinois
Identification Card. The Department shall inform the youth that
he or she may present the identification card to the Office of
the Secretary of State upon application for a standard Illinois
Identification Card in accordance with the Illinois
Identification Card Act. The Department shall require the youth
to pay a $1 fee for the identification card.
For purposes of a youth receiving an identification card
issued by the Department under this subsection, the Department
shall establish criteria that the youth must meet before the
card is issued. It is the sole responsibility of the youth
requesting the identification card issued by the Department to
meet the established criteria. The youth's failure to meet the
criteria is sufficient reason to deny the youth the
identification card. An identification card issued by the
Department under this subsection shall be valid for a period of
time not to exceed 30 calendar days from the date the card is
issued. The Department shall not be held civilly or criminally
liable to anyone because of any act of any person utilizing a

HB4083 Enrolled - 27 - LRB098 15641 RLC 50672 b
card issued by the Department under this subsection.
The Department shall adopt rules governing the issuance of
identification cards to youth being released on aftercare or
pardon.
(Source: P.A. 98-558, eff. 1-1-14.)
(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.

HB4083 Enrolled - 28 - LRB098 15641 RLC 50672 b
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

HB4083 Enrolled - 29 - LRB098 15641 RLC 50672 b
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

HB4083 Enrolled - 30 - LRB098 15641 RLC 50672 b
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.
(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.
(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.
Construction or renovation grants are authorized to be
issued by the Capital Development Board from capital

HB4083 Enrolled - 31 - LRB098 15641 RLC 50672 b
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 Juvenile Justice 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
Juvenile Justice shall also notify any county applying to hold
juveniles in a county jail of the monitoring and program
standards for juvenile detention facilities under Section
5-410 of the Juvenile Court Act of 1987.
(Source: P.A. 94-696, eff. 6-1-06.)
(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
establish standards and procedures for the provision of mental
health and developmental disability services to persons with
mental illness and persons with a developmental disability

HB4083 Enrolled - 32 - LRB098 15641 RLC 50672 b
confined in a county local jail or juvenile detention facility
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 local jail and juvenile detention
facility 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

HB4083 Enrolled - 33 - LRB098 15641 RLC 50672 b
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. 92-469, eff. 1-1-02.)