Rep. Lou Lang
Filed: 3/27/2014
 
 


 




09800HB4083ham001LRB098 15641 RLC 57714 a



1
AMENDMENT TO HOUSE BILL 4083




2 AMENDMENT NO. ______. Amend House Bill 4083 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Juvenile Court Act of 1987 is amended by 
5changing Sections 5-105, 5-410, and 5-501 as follows:




6 (705 ILCS 405/5-105)



7 Sec. 5-105. Definitions. As used in this Article:

8  (1) "Aftercare release" means the conditional and 
9 revocable release of an adjudicated delinquent juvenile 
10 committed to the Department of Juvenile Justice under the 
11 supervision of the Department of Juvenile Justice. 
12  (1.5) "Court" means the circuit court in a session or 
13 division
assigned to hear proceedings under this Act, and 
14 includes the term Juvenile
Court.

15  (2) "Community service" means uncompensated labor for 
16 a community service
agency as hereinafter defined.

 
 
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1  (2.5) "Community service agency" means a 
2 not-for-profit organization,
community
organization, 
3 church, charitable organization, individual, public 
4 office,
or other public body whose purpose is to enhance

5 the physical or mental health of a delinquent minor or to 
6 rehabilitate the
minor, or to improve the environmental 
7 quality or social welfare of the
community which agrees to 
8 accept community service from juvenile delinquents
and to 
9 report on the progress of the community service to the 
10 State's
Attorney pursuant to an agreement or to the court 
11 or to any agency designated
by the court or to the 
12 authorized diversion program that has referred the

13 delinquent minor for community service. 

14  (3) "Delinquent minor" means any minor who prior to his 
15 or her 18th birthday has violated or attempted to violate, 
16 regardless of where the act occurred, any federal, State, 
17 county or municipal law or ordinance.

18  (4) "Department" means the Department of Human 
19 Services unless specifically
referenced as another 
20 department.

21  (5) "Detention" means the temporary care of a minor who 
22 is alleged to be or
has been adjudicated
delinquent and who 
23 requires secure custody for the minor's own
protection or 
24 the community's protection in a facility designed to 
25 physically
restrict the minor's movements, pending 
26 disposition by the court or
execution of an order of the 
 
 
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1 court for placement or commitment. Design
features that 
2 physically restrict movement include, but are not limited 
3 to,
locked rooms and the secure handcuffing of a minor to a 
4 rail or other
stationary object. In addition, "detention" 
5 includes the court ordered
care of an alleged or 
6 adjudicated delinquent minor who requires secure
custody 
7 pursuant to Section 5-125 of this Act.

8  (6) "Diversion" means the referral of a juvenile, 
9 without court
intervention,
into a program that provides 
10 services designed to educate the juvenile and
develop a 
11 productive and responsible approach to living in the 
12 community.

13  (7) "Juvenile detention home" means a public facility 
14 with specially trained
staff that conforms to the county 
15 juvenile detention standards adopted promulgated by
the 
16 Department of Juvenile Justice Corrections.

17  (8) "Juvenile justice continuum" means a set of 
18 delinquency prevention
programs and services designed for 
19 the purpose of preventing or reducing
delinquent acts, 
20 including criminal activity by youth gangs, as well as

21 intervention, rehabilitation, and prevention services 
22 targeted at minors who
have committed delinquent acts,
and 
23 minors who have previously been committed to residential 
24 treatment programs
for delinquents. The term includes 
25 children-in-need-of-services and

26 families-in-need-of-services programs; aftercare and 
 
 
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1 reentry services;
substance abuse and mental health 
2 programs;
community service programs; community service

3 work programs; and alternative-dispute resolution programs 
4 serving
youth-at-risk of delinquency and their families, 
5 whether offered or delivered
by State or
local governmental 
6 entities, public or private for-profit or not-for-profit

7 organizations, or religious or charitable organizations. 
8 This term would also
encompass any program or service 
9 consistent with the purpose of those programs
and services 
10 enumerated in this subsection.

11  (9) "Juvenile police officer" means a sworn police 
12 officer who has completed
a Basic Recruit Training Course, 
13 has been assigned to the position of juvenile
police 
14 officer by his or her chief law enforcement officer and has 
15 completed
the necessary juvenile officers training as 
16 prescribed by the Illinois Law
Enforcement Training 
17 Standards Board, or in the case of a State police officer,

18 juvenile officer training approved by the Director of State

19 Police.

20  (10) "Minor" means a person under the age of 21 years 
21 subject to this Act.

22  (11) "Non-secure custody" means confinement where the 
23 minor is not
physically
restricted by being placed in a 
24 locked cell or room, by being handcuffed to a
rail or other 
25 stationary object, or by other means. Non-secure custody 
26 may
include, but is not limited to, electronic monitoring, 
 
 
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1 foster home placement,
home confinement, group home 
2 placement, or physical restriction of movement or
activity 
3 solely through facility staff.

4  (12) "Public or community service" means uncompensated 
5 labor for a
not-for-profit organization
or public body 
6 whose purpose is to enhance physical or mental stability of 
7 the
offender, environmental quality or the social welfare 
8 and which agrees to
accept public or community service from 
9 offenders and to report on the progress
of the offender and 
10 the public or community service to the court or to the

11 authorized diversion program that has referred the 
12 offender for public or
community
service.

13  (13) "Sentencing hearing" means a hearing to determine 
14 whether a minor
should
be adjudged a ward of the court, and 
15 to determine what sentence should be
imposed on the minor. 
16 It is the intent of the General Assembly that the term

17 "sentencing hearing" replace the term "dispositional 
18 hearing" and be synonymous
with that definition as it was 
19 used in the Juvenile Court Act of 1987.

20  (14) "Shelter" means the temporary care of a minor in 
21 physically
unrestricting facilities pending court 
22 disposition or execution of court order
for placement.

23  (15) "Site" means a not-for-profit organization, 
24 public
body, church, charitable organization, or 
25 individual agreeing to
accept
community service from 
26 offenders and to report on the progress of ordered or

 
 
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1 required public or community service to the court or to the 
2 authorized
diversion program that has referred the 
3 offender for public or community
service.

4  (16) "Station adjustment" means the informal or formal 
5 handling of an
alleged
offender by a juvenile police 
6 officer.

7  (17) "Trial" means a hearing to determine whether the 
8 allegations of a
petition under Section 5-520 that a minor 
9 is delinquent are proved beyond a
reasonable doubt. It is 
10 the intent of the General Assembly that the term
"trial" 
11 replace the term "adjudicatory hearing" and be synonymous 
12 with that
definition as it was used in the Juvenile Court 
13 Act of 1987.

14 The changes made to this Section by Public Act 98-61 this 
15amendatory Act of the 98th General Assembly apply to violations 
16or attempted violations committed on or after January 1, 2014 
17(the effective date of Public Act 98-61) this amendatory Act. 
18(Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; revised 
191-21-14.)




20 (705 ILCS 405/5-410)



21 Sec. 5-410. Non-secure custody or detention. 

22 (1) Any minor arrested or taken into custody pursuant to 
23this Act who
requires care away from his or her home but who 
24does not require physical
restriction shall be given temporary 
25care in a foster family home or other
shelter facility 
 
 
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1designated by the court.

2 (2) (a) Any minor 10 years of age or older arrested

3pursuant to this Act where there is probable cause to believe 
4that the minor
is a delinquent minor and that
(i) secured 
5custody is a matter of immediate and urgent necessity for the

6protection of the minor or of the person or property of 
7another, (ii) the minor
is likely to flee the jurisdiction of 
8the court, or (iii) the minor was taken
into custody under a 
9warrant, may be kept or detained in an authorized
detention 
10facility. No minor under 12 years of age shall be detained in a

11county jail or a municipal lockup for more than 6 hours.

12 (b) The written authorization of the probation officer or 
13detention officer
(or other public officer designated by the 
14court in a county having
3,000,000 or more inhabitants) 
15constitutes authority for the superintendent of
any juvenile 
16detention home to detain and keep a minor for up to 40 hours,

17excluding Saturdays, Sundays and court-designated holidays. 
18These
records shall be available to the same persons and 
19pursuant to the same
conditions as are law enforcement records 
20as provided in Section 5-905.

21 (b-4) The consultation required by subsection (b-5) shall 
22not be applicable
if the probation officer or detention officer 
23(or other public officer
designated
by the court in a
county 
24having 3,000,000 or more inhabitants) utilizes a scorable 
25detention
screening instrument, which has been developed with 
26input by the State's
Attorney, to
determine whether a minor 
 
 
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1should be detained, however, subsection (b-5) shall
still be 
2applicable where no such screening instrument is used or where 
3the
probation officer, detention officer (or other public 
4officer designated by the
court in a county
having 3,000,000 or 
5more inhabitants) deviates from the screening instrument.

6 (b-5) Subject to the provisions of subsection (b-4), if a 
7probation officer
or detention officer
(or other public officer 
8designated by
the court in a county having 3,000,000 or more 
9inhabitants) does not intend to
detain a minor for an offense 
10which constitutes one of the following offenses
he or she shall 
11consult with the State's Attorney's Office prior to the release

12of the minor: first degree murder, second degree murder, 
13involuntary
manslaughter, criminal sexual assault, aggravated 
14criminal sexual assault,
aggravated battery with a firearm as 
15described in Section 12-4.2 or subdivision (e)(1), (e)(2), 
16(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous 
17battery involving
permanent disability or disfigurement or 
18great bodily harm, robbery, aggravated
robbery, armed robbery, 
19vehicular hijacking, aggravated vehicular hijacking,
vehicular 
20invasion, arson, aggravated arson, kidnapping, aggravated 
21kidnapping,
home invasion, burglary, or residential burglary.

22 (c) Except as otherwise provided in paragraph (a), (d), or 
23(e), no minor
shall
be detained in a county jail or municipal 
24lockup for more than 12 hours, unless
the offense is a crime of 
25violence in which case the minor may be detained up
to 24 
26hours. For the purpose of this paragraph, "crime of violence" 
 
 
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1has the
meaning
ascribed to it in Section 1-10 of the 
2Alcoholism and Other Drug Abuse and
Dependency Act.


3  (i) The
period of detention is deemed to have begun 
4 once the minor has been placed in a
locked room or cell or 
5 handcuffed to a stationary object in a building housing
a 
6 county jail or municipal lockup. Time spent transporting a 
7 minor is not
considered to be time in detention or secure 
8 custody.


9  (ii) Any minor so
confined shall be under periodic 
10 supervision and shall not be permitted to come
into or 
11 remain in contact with adults in custody in the building.


12  (iii) Upon
placement in secure custody in a jail or 
13 lockup, the
minor shall be informed of the purpose of the 
14 detention, the time it is
expected to last and the fact 
15 that it cannot exceed the time specified under
this Act.


16  (iv) A log shall
be kept which shows the offense which 
17 is the basis for the detention, the
reasons and 
18 circumstances for the decision to detain and the length of 
19 time the
minor was in detention.


20  (v) Violation of the time limit on detention
in a 
21 county jail or municipal lockup shall not, in and of 
22 itself, render
inadmissible evidence obtained as a result 
23 of the violation of this
time limit. Minors under 18 years 
24 of age shall be kept separate from confined
adults and may 
25 not at any time be kept in the same cell, room or yard with

26 adults confined pursuant to criminal law. Persons 18 years 
 
 
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1 of age and older
who have a petition of delinquency filed 
2 against them may be
confined in an
adult detention 
3 facility.
In making a determination whether to confine a 
4 person 18 years of age or
older
who has a petition of 
5 delinquency filed against the person, these factors,
among 
6 other matters, shall be considered:


7   (A) The age of the person;


8   (B) Any previous delinquent or criminal history of 
9 the person;


10   (C) Any previous abuse or neglect history of the 
11 person; and


12   (D) Any mental health or educational history of the 
13 person, or both.

14 (d) (i) If a minor 12 years of age or older is confined in a 
15county jail
in a
county with a population below 3,000,000 
16inhabitants, then the minor's
confinement shall be implemented 
17in such a manner that there will be no contact
by sight, sound 
18or otherwise between the minor and adult prisoners. Minors
12 
19years of age or older must be kept separate from confined 
20adults and may not
at any time
be kept in the same cell, room, 
21or yard with confined adults. This paragraph
(d)(i) shall only 
22apply to confinement pending an adjudicatory hearing and
shall 
23not exceed 40 hours, excluding Saturdays, Sundays and court 
24designated
holidays. To accept or hold minors during this time 
25period, county jails shall
comply with all monitoring standards 
26adopted promulgated by the Department of
Corrections and 
 
 
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1training standards approved by the Illinois Law Enforcement

2Training Standards Board.

3 (ii) To accept or hold minors, 12 years of age or older, 
4after the time
period
prescribed in paragraph (d)(i) of this 
5subsection (2) of this Section but not
exceeding 7 days 
6including Saturdays, Sundays and holidays pending an

7adjudicatory hearing, county jails shall comply with all 
8temporary detention
standards adopted  promulgated by the 
9Department of Corrections and training standards
approved by 
10the Illinois Law Enforcement Training Standards Board.

11 (iii) To accept or hold minors 12 years of age or older, 
12after the time
period prescribed in paragraphs (d)(i) and 
13(d)(ii) of this subsection (2) of
this
Section, county jails 
14shall comply with all county juvenile detention standards 
15adopted programmatic and training standards
for juvenile 
16detention homes promulgated by the Department of Juvenile 
17Justice Corrections.

18 (e) When a minor who is at least 15 years of age is 
19prosecuted under the
criminal laws of this State,
the court may 
20enter an order directing that the juvenile be confined
in the 
21county jail. However, any juvenile confined in the county jail 
22under
this provision shall be separated from adults who are 
23confined in the county
jail in such a manner that there will be 
24no contact by sight, sound or
otherwise between the juvenile 
25and adult prisoners.

26 (f) For purposes of appearing in a physical lineup, the 
 
 
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1minor may be taken
to a county jail or municipal lockup under 
2the direct and constant supervision
of a juvenile police 
3officer. During such time as is necessary to conduct a
lineup, 
4and while supervised by a juvenile police officer, the sight 
5and sound
separation provisions shall not apply.

6 (g) For purposes of processing a minor, the minor may be 
7taken to a County
Jail or municipal lockup under the direct and 
8constant supervision of a law
enforcement officer or 
9correctional officer. During such time as is necessary
to 
10process the minor, and while supervised by a law enforcement 
11officer or
correctional officer, the sight and sound separation 
12provisions shall not
apply.

13 (3) If the probation officer or State's Attorney (or such 
14other public
officer designated by the court in a county having 
153,000,000 or more
inhabitants) determines that the minor may be 
16a delinquent minor as described
in subsection (3) of Section 
175-105, and should be retained in custody but does
not require

18physical restriction, the minor may be placed in non-secure 
19custody for up to
40 hours pending a detention hearing.

20 (4) Any minor taken into temporary custody, not requiring 
21secure
detention, may, however, be detained in the home of his 
22or her parent or
guardian subject to such conditions as the 
23court may impose.

24 (5) The changes made to this Section by Public Act 98-61 
25this amendatory Act of the 98th General Assembly apply to a 
26minor who has been arrested or taken into custody on or after 
 
 
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1January 1, 2014 (the effective date of Public Act 98-61) this 
2amendatory Act. 
3(Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)





4 (705 ILCS 405/5-501)



5 Sec. 5-501. Detention or shelter care hearing. At the 
6appearance of the minor before the court at the detention or 
7shelter
care hearing,
the court shall receive all relevant 
8information and evidence, including
affidavits concerning the 
9allegations made in the petition. Evidence used by
the court in 
10its findings or stated in or offered in connection with this

11Section may be by way of proffer based on reliable information 
12offered by the
State or minor. All evidence shall be admissible 
13if it is relevant and
reliable regardless of whether it would 
14be admissible under the rules of
evidence applicable at a 
15trial. No hearing may be held unless the minor is
represented 
16by counsel and no hearing shall be held until the minor has had 
17adequate opportunity to consult with counsel.

18 (1) If the court finds that there is not probable cause to 
19believe that the
minor is a delinquent minor it shall release 
20the minor and dismiss the
petition.

21 (2) If the court finds that there is probable cause to 
22believe that the
minor is a
delinquent minor, the minor, his or 
23her parent, guardian, custodian and other
persons able to give 
24relevant testimony may be examined before the court. The
court 
25may also consider any evidence by way of proffer based upon 
 
 
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1reliable
information offered by the State or the minor. All 
2evidence, including
affidavits, shall be admissible if it is 
3relevant and reliable regardless of
whether it would be 
4admissible under the rules of evidence applicable at trial.

5After such evidence is presented, the court may enter an order 
6that the minor
shall be released upon the request of a parent, 
7guardian or legal custodian if
the parent, guardian or 
8custodian appears to take custody.

9 If the court finds that it is a matter of immediate and 
10urgent necessity for
the protection of the minor or of the 
11person or property of another that the
minor be detained or 
12placed in a
shelter care facility or that he or she is likely 
13to flee the jurisdiction of
the court, the court may prescribe 
14detention or shelter care and order that the
minor be kept in a 
15suitable place designated by the court or in a shelter care

16facility designated by the Department of Children and Family 
17Services or a
licensed child welfare agency; otherwise it shall 
18release the minor from
custody. If the court prescribes shelter 
19care, then in placing the minor, the
Department or other agency 
20shall, to the extent compatible with the court's
order, comply 
21with Section 7 of the Children and Family Services Act. In

22making the determination of the existence of immediate and 
23urgent necessity,
the court shall consider among other matters: 
24(a) the nature and seriousness of
the alleged offense; (b) the 
25minor's record of delinquency offenses,
including whether the 
26minor has delinquency cases pending; (c) the minor's
record of 
 
 
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1willful failure to appear following the issuance of a summons 
2or
warrant; (d) the availability of non-custodial 
3alternatives, including the
presence of a parent, guardian or 
4other responsible relative able and willing
to provide 
5supervision and care for the minor and to assure his or her

6compliance with a summons. If the minor is ordered placed in a 
7shelter care
facility of a licensed child welfare agency, the 
8court shall, upon request of
the agency, appoint the 
9appropriate agency executive temporary custodian of the
minor 
10and the court may enter such other orders related to the 
11temporary
custody of the minor as it deems fit and proper.

12 The order together with the court's findings of fact in 
13support of the order
shall
be entered
of record in the court.

14 Once the court finds that it is a matter of immediate and 
15urgent necessity
for the protection of the minor that the minor 
16be placed in a shelter care
facility, the minor shall not be 
17returned to the parent, custodian or guardian
until the court 
18finds that the placement is no longer necessary for the

19protection of the minor.

20 (3) Only when there is reasonable cause to believe that the 
21minor taken
into custody is a delinquent minor may the minor be 
22kept or detained in a
facility authorized for juvenile 
23detention. This Section shall in no way be
construed to limit

24subsection (4).

25 (4) Minors 12 years of age or older must be kept separate 
26from confined
adults and may not at any time be kept in the 
 
 
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1same cell, room or yard with
confined adults. This paragraph 
2(4):


3  (a) shall only apply to confinement pending an 
4 adjudicatory hearing
and
shall not exceed 40 hours, 
5 excluding Saturdays, Sundays, and court designated

6 holidays. To accept or hold minors during this time period, 
7 county jails shall
comply with all monitoring standards 
8 adopted for juvenile detention homes promulgated
by the 
9 Department of Corrections and training standards approved 
10 by the
Illinois Law Enforcement Training Standards Board. 


11  (b) To accept or hold minors, 12 years of age or older, 
12 after the time
period prescribed in clause (a) of 
13 subsection (4) of this Section but not
exceeding 7
days 
14 including Saturdays, Sundays, and holidays, pending an 
15 adjudicatory
hearing, county jails shall comply with all 
16 temporary detention standards adopted
promulgated by
the 
17 Department of Corrections and training standards approved 
18 by the Illinois
Law Enforcement Training Standards Board.


19  (c) To accept or hold minors 12 years of age or older, 
20 after the time
period prescribed in clause (a) and (b), of 
21 this subsection county jails shall
comply with all county 
22 juvenile detention standards adopted programmatic and 
23 training standards for juvenile detention
homes 
24 promulgated by the Department of Juvenile Justice 
25 Corrections.

26 (5) If the minor is not brought before a judicial officer 
 
 
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1within the time
period as specified in Section 5-415 the minor 
2must immediately be released
from
custody.

3 (6) If neither the parent, guardian or legal custodian 
4appears within 24
hours to take custody of a minor released 
5from detention or shelter care, then
the clerk of the court 
6shall set the matter for rehearing not later than 7 days
after 
7the original order and shall issue a summons directed to the 
8parent,
guardian or legal custodian to appear. At the same time 
9the probation
department shall prepare a report on the minor. 
10If a parent, guardian or legal
custodian does not appear at 
11such rehearing, the judge may enter an order
prescribing that 
12the minor be kept in a suitable place designated by the

13Department of Human Services or a licensed child welfare 
14agency.
The time during which a minor is in custody after being 
15released upon the
request of a parent, guardian or legal 
16custodian shall be considered as time
spent in detention for 
17purposes of scheduling the trial.

18 (7) Any party, including the State, the temporary 
19custodian, an agency
providing services to the minor or family 
20under a service plan pursuant to
Section 8.2 of the Abused and 
21Neglected Child Reporting Act, foster parent, or
any of their 
22representatives, may file a
motion to modify or vacate a 
23temporary custody order or vacate a detention or
shelter care 
24order on any of the following grounds:


25  (a) It is no longer a matter of immediate and urgent 
26 necessity that the
minor remain in detention or shelter 
 
 
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1 care; or


2  (b) There is a material change in the circumstances of 
3 the natural family
from which the minor was removed; or


4  (c) A person, including a parent, relative or legal 
5 guardian, is capable
of assuming temporary custody of the 
6 minor; or


7  (d) Services provided by the Department of Children and 
8 Family Services
or a
child welfare agency or other service 
9 provider have been successful in
eliminating the need for 
10 temporary custody.

11 The clerk shall set the matter for hearing not later than 
1214 days after such
motion is filed. In the event that the court 
13modifies or vacates a temporary
order but does not vacate its 
14finding of probable cause, the court may order
that appropriate 
15services be continued or initiated in behalf of the minor and

16his or her family.

17 (8) Whenever a petition has been filed under Section 5-520 
18the court can,
at
any time prior to trial or sentencing, order 
19that the minor be placed in
detention or a shelter care 
20facility after the court conducts a hearing and
finds that the 
21conduct and behavior of the minor may endanger the health,

22person, welfare, or property of himself or others or that the 
23circumstances
of his or her home environment may endanger his 
24or her health, person, welfare
or property.

25(Source: P.A. 95-846, eff. 1-1-09.)


 
 
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1 Section 10. The Unified Code of Corrections is amended by 
2changing Sections 3-1-2, 3-2.5-75, 3-15-2, and 3-15-3 as 
3follows:



4 (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)


5 Sec. 3-1-2. Definitions. 
6 (a) "Chief Administrative Officer" means the
person 
7designated by the Director to exercise the powers and duties of 
8the
Department of Corrections in regard to committed persons 
9within
a correctional institution or facility, and includes the

10superintendent of any juvenile institution or facility.

11 (a-3) "Aftercare release" means the conditional and 
12revocable release of a person committed to the Department of 
13Juvenile Justice under the Juvenile Court Act of 1987, under 
14the supervision of the Department of Juvenile Justice. 
15 (a-5) "Sex offense" for the purposes of paragraph (16) of 
16subsection (a) of Section 3-3-7, paragraph (10) of subsection 
17(a) of Section 5-6-3, and paragraph (18) of subsection (c) of 
18Section 5-6-3.1 only means:
19  (i) A violation of any of the following Sections of the 
20 Criminal Code of
1961 or the Criminal Code of 2012: 10-7 
21 (aiding or abetting child abduction under Section 
22 10-5(b)(10)),
10-5(b)(10) (child luring), 11-6 (indecent 
23 solicitation of a child), 11-6.5
(indecent solicitation of 
24 an adult), 11-14.4 (promoting juvenile prostitution),

25 11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 
 
 
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1 (keeping a place of juvenile prostitution), 11-18.1

2 (patronizing a juvenile prostitute), 11-19.1 (juvenile 
3 pimping),
11-19.2 (exploitation of a child), 11-20.1 
4 (child pornography), 11-20.1B or 11-20.3 (aggravated child 
5 pornography), 11-1.40 or 12-14.1
(predatory criminal 
6 sexual assault of a child), or 12-33 (ritualized abuse of a

7 child). An attempt to commit any of
these offenses.
8  (ii) A violation of any of the following Sections of 
9 the Criminal Code
of 1961 or the Criminal Code of 2012: 
10 11-1.20 or 12-13 (criminal
sexual assault), 11-1.30 or 
11 12-14 (aggravated criminal sexual assault), 11-1.60 or 
12 12-16 (aggravated criminal sexual abuse), and subsection 
13 (a) of Section 11-1.50 or subsection (a) of Section 12-15

14 (criminal sexual abuse). An attempt to commit
any of these 
15 offenses.
16  (iii) A violation of any of the following Sections of 
17 the Criminal Code
of 1961 or the Criminal Code of 2012 when 
18 the defendant is
not a parent of the victim:
19   10-1 (kidnapping),

20   10-2 (aggravated kidnapping),
21   10-3 (unlawful restraint),

22   10-3.1 (aggravated unlawful restraint).
23   An attempt to commit any of these offenses.
24  (iv) A violation of any former law of this State 
25 substantially
equivalent to any offense listed in this 
26 subsection (a-5).
 
 
09800HB4083ham001- 21 -LRB098 15641 RLC 57714 a


1 An offense violating federal law or the law of another 
2state
that is substantially equivalent to any offense listed in 
3this
subsection (a-5) shall constitute a sex offense for the 
4purpose of
this subsection (a-5). A finding or adjudication as 
5a sexually dangerous person under
any federal law or law of 
6another state that is substantially equivalent to the
Sexually 
7Dangerous Persons Act shall constitute an adjudication for a 
8sex offense for the
purposes of this subsection (a-5).

9 (b) "Commitment" means a judicially determined placement

10in the custody of the Department of Corrections on the basis of

11delinquency or conviction.

12 (c) "Committed Person" is a person committed to the 
13Department,
however a committed person shall not be considered 
14to be an employee of
the Department of Corrections for any 
15purpose, including eligibility for
a pension, benefits, or any 
16other compensation or rights or privileges which
may be 
17provided to employees of the Department.

18 (c-5) "Computer scrub software" means any third-party 
19added software, designed to delete information from the 
20computer unit, the hard drive, or other software, which would 
21eliminate and prevent discovery of browser activity, including 
22but not limited to Internet history, address bar or bars, cache 
23or caches, and/or cookies, and which would over-write files in 
24a way so as to make previous computer activity, including but 
25not limited to website access, more difficult to discover. 
26 (d) "Correctional Institution or Facility" means any 
 
 
09800HB4083ham001- 22 -LRB098 15641 RLC 57714 a


1building or
part of a building where committed persons are kept 
2in a secured manner.

3 (e) In the case of functions performed before the effective 
4date of this amendatory Act of the 94th General Assembly, 
5"Department" means both the Department of Corrections and the 
6Department of Juvenile Justice of this State, unless the 
7context is specific to either the Department of Corrections or 
8the Department of Juvenile Justice. In the case of functions 
9performed on or after the effective date of this amendatory Act 
10of the 94th General Assembly, "Department" has the meaning 
11ascribed to it in subsection (f-5).


12 (f) In the case of functions performed before the effective 
13date of this amendatory Act of the 94th General Assembly, 
14"Director" means both the Director of the Department of 
15Corrections and the Director of Juvenile Justice, unless the 
16context is specific to either the Director of Corrections or 
17the Director of Juvenile Justice. In the case of functions 
18performed on or after the effective date of this amendatory Act 
19of the 94th General Assembly, "Director" has the meaning 
20ascribed to it in subsection (f-5).

21 (f-5) (Blank). In the case of functions performed on or 
22after the effective date of this amendatory Act of the 94th 
23General Assembly, references to "Department" or "Director" 
24refer to either the Department of Corrections or the Director 
25of Corrections or to the Department of Juvenile Justice or the 
26Director of Juvenile Justice unless the context is specific to 
 
 
09800HB4083ham001- 23 -LRB098 15641 RLC 57714 a


1the Department of Juvenile Justice or the Director of Juvenile 
2Justice.

3 (g) "Discharge" means the final termination of a commitment

4to the Department of Corrections.

5 (h) "Discipline" means the rules and regulations for the

6maintenance of order and the protection of persons and property

7within the institutions and facilities of the Department and

8their enforcement.

9 (i) "Escape" means the intentional and unauthorized 
10absence
of a committed person from the custody of the 
11Department.

12 (j) "Furlough" means an authorized leave of absence from 
13the
Department of Corrections for a designated purpose and 
14period of time.

15 (k) "Parole" means the conditional and revocable release
of 
16a person committed to the Department of Corrections under the 
17supervision of a parole officer.

18 (l) "Prisoner Review Board" means the Board established in

19Section 3-3-1(a), independent of the Department, to review

20rules and regulations with respect to good time credits, to

21hear charges brought by the Department against certain 
22prisoners
alleged to have violated Department rules with 
23respect to good
time credits, to set release dates for certain 
24prisoners
sentenced under the law in effect prior to the 
25effective
date of this Amendatory Act of 1977, to hear and 
26decide the time of aftercare release for persons committed to 
 
 
09800HB4083ham001- 24 -LRB098 15641 RLC 57714 a


1the Department of Juvenile Justice under the Juvenile Court Act 
2of 1987 to hear requests and
make recommendations to the 
3Governor with respect to pardon,
reprieve or commutation, to 
4set conditions for parole, aftercare release, and
mandatory 
5supervised release and determine whether violations
of those 
6conditions justify revocation of parole or release,
and to 
7assume all other functions previously exercised by the
Illinois 
8Parole and Pardon Board.

9 (m) Whenever medical treatment, service, counseling, or

10care is referred to in this Unified Code of Corrections,
such 
11term may be construed by the Department or Court, within
its 
12discretion, to include treatment, service or counseling by
a 
13Christian Science practitioner or nursing care appropriate

14therewith whenever request therefor is made by a person subject

15to the provisions of this Act.

16 (n) "Victim" shall have the meaning ascribed to it in 
17subsection (a) of
Section 3 of the Bill of Rights for Victims 
18and Witnesses of Violent Crime Act.

19 (o) "Wrongfully imprisoned person" means a person who has 
20been discharged from a prison of this State and
has received:
21  (1) a pardon from the Governor stating that such pardon 
22 is issued on the ground of innocence of the crime for which 
23 he or she was imprisoned; or
24  (2) a certificate of innocence from the Circuit Court 
25 as provided in Section 2-702 of the Code of Civil 
26 Procedure.
 
 
09800HB4083ham001- 25 -LRB098 15641 RLC 57714 a


1(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 
298-558, eff. 1-1-14.)

3 (730 ILCS 5/3-2.5-75)
4 Sec. 3-2.5-75. Release from Department of Juvenile 
5Justice.
6 (a) Upon release of a youth on aftercare, the Department 
7shall return all property held for the youth, provide the youth 
8with suitable clothing, and procure necessary transportation 
9for the youth to his or her designated place of residence and 
10employment. It may provide the youth with a grant of money for 
11travel and expenses which may be paid in installments. The 
12amount of the money grant shall be determined by the 
13Department.
14 (b) Before a wrongfully imprisoned person, as defined in 
15Section 3-1-2 of this Code, is discharged from the Department, 
16the Department shall provide him or her with any documents 
17necessary after discharge, including an identification card 
18under subsection (e) of this Section.
19 (c) The Department of Juvenile Justice may establish and 
20maintain, in any institution it administers, revolving funds to 
21be known as "Travel and Allowances Revolving Funds". These 
22revolving funds shall be used for advancing travel and expense 
23allowances to committed, released, and discharged youth. The 
24moneys paid into these revolving funds shall be from 
25appropriations to the Department for committed, released, and 
 
 
09800HB4083ham001- 26 -LRB098 15641 RLC 57714 a


1discharged prisoners.
2 (d) Upon the release of a youth on aftercare, the 
3Department shall provide that youth with information 
4concerning programs and services of the Department of Public 
5Health to ascertain whether that youth has been exposed to the 
6human immunodeficiency virus (HIV) or any identified causative 
7agent of Acquired Immunodeficiency Syndrome (AIDS).
8 (e) Upon the release of a youth on aftercare or who has 
9been wrongfully imprisoned, the Department shall provide the 
10youth who has met the criteria established by the Department 
11with an identification card identifying the youth as being on 
12aftercare or wrongfully imprisoned, as the case may be. The 
13Department, in consultation with the Office of the Secretary of 
14State, shall prescribe the form of the identification card, 
15which may be similar to the form of the standard Illinois 
16Identification Card. The Department shall inform the youth that 
17he or she may present the identification card to the Office of 
18the Secretary of State upon application for a standard Illinois 
19Identification Card in accordance with the Illinois 
20Identification Card Act. The Department shall require the youth 
21to pay a $1 fee for the identification card.
22 For purposes of a youth receiving an identification card 
23issued by the Department under this subsection, the Department 
24shall establish criteria that the youth must meet before the 
25card is issued. It is the sole responsibility of the youth 
26requesting the identification card issued by the Department to 
 
 
09800HB4083ham001- 27 -LRB098 15641 RLC 57714 a


1meet the established criteria. The youth's failure to meet the 
2criteria is sufficient reason to deny the youth the 
3identification card. An identification card issued by the 
4Department under this subsection shall be valid for a period of 
5time not to exceed 30 calendar days from the date the card is 
6issued. The Department shall not be held civilly or criminally 
7liable to anyone because of any act of any person utilizing a 
8card issued by the Department under this subsection.

9 The Department shall adopt rules governing the issuance of 
10identification cards to youth being released on aftercare or 
11pardon. 

12(Source: P.A. 98-558, eff. 1-1-14.)



13 (730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)


14 Sec. 3-15-2. Standards and Assistance to Local Jails and 
15Detention
and Shelter Care Facilities.
16 (a) The Department of Corrections shall establish for the 
17operation of county and
municipal jails and houses of 
18correction, minimum standards for the physical
condition of 
19such institutions and for the treatment of inmates with
respect 
20to their health and safety and the security of the community.

21 The Department of Juvenile Justice shall establish for the 
22operation of county juvenile detention
and shelter care 
23facilities established pursuant to the County Shelter
Care and 
24Detention Home Act, minimum standards for the physical

25condition of such institutions and for the treatment of 
 
 
09800HB4083ham001- 28 -LRB098 15641 RLC 57714 a


1juveniles with
respect to their health and safety and the 
2security of the community.

3 Such standards shall not apply to county shelter care 
4facilities which
were in operation prior to January 1, 1980. 
5Such standards shall not seek
to mandate minimum floor space 
6requirements for each inmate housed in cells
and detention 
7rooms in county and
municipal jails and houses of correction.

8However, no more than two inmates may be housed in a single 
9cell or detention
room.

10 When an inmate is tested for an airborne
communicable 
11disease, as determined by the Illinois Department of Public

12Health including but not limited to tuberculosis, the results 
13of
the test
shall be personally delivered by the warden or his 
14or her designee in a sealed
envelope to the judge of the court 
15in which the inmate must appear for the
judge's inspection in 
16camera if requested by the judge. Acting in accordance
with the 
17best interests of those in the courtroom, the judge shall have 
18the
discretion to determine what if any precautions need to be 
19taken to prevent
transmission of the disease in the courtroom.

20 (b) At least once each year, the Department of Corrections 
21may inspect each
adult
facility for compliance with the 
22standards established and the results
of such inspection shall 
23be made available by the Department for public
inspection. At 
24least once each year, the Department of Juvenile Justice shall 
25inspect each
county juvenile detention and shelter care 
26facility for compliance with the
standards established, and the 
 
 
09800HB4083ham001- 29 -LRB098 15641 RLC 57714 a


1Department of Juvenile Justice shall make the results of such

2inspections available for public inspection.
If any detention, 
3shelter care or correctional facility does
not comply with the 
4standards established, the Director of Corrections
or the 
5Director of Juvenile Justice, as the case may be, shall give 
6notice to the county board and the sheriff or the corporate

7authorities of the municipality, as the case may be, of such

8noncompliance, specifying the particular standards that have 
9not been
met by such facility. If the facility is not in 
10compliance with such
standards when six months have elapsed 
11from the giving of such notice,
the Director of Corrections or 
12the Director of Juvenile Justice, as the case may be, may 
13petition the appropriate court for an
order requiring such 
14facility to comply with the standards established
by the 
15Department or for other appropriate relief.

16 (c) The Department of Corrections may provide consultation 
17services for the
design, construction, programs and 
18administration of correctional facilities and services for 
19adults
operated by counties and municipalities and may make 
20studies and
surveys of the programs and the administration of 
21such facilities.
Personnel of the Department shall be admitted 
22to these facilities as
required for such purposes. The 
23Department may develop and administer
programs of 
24grants-in-aid for correctional services in cooperation with

25local agencies. The Department may provide courses of training 
26for the
personnel of such institutions and conduct pilot 
 
 
09800HB4083ham001- 30 -LRB098 15641 RLC 57714 a


1projects in the
institutions.

2 (c-5) The Department of Juvenile Justice may provide 
3consultation services for the
design, construction, programs, 
4and administration of detention and shelter care services for 
5children operated by counties and municipalities and may make 
6studies and
surveys of the programs and the administration of 
7such facilities.
Personnel of the Department of Juvenile 
8Justice shall be admitted to these facilities as
required for 
9such purposes. The Department of Juvenile Justice may develop 
10and administer
programs of grants-in-aid for juvenile 
11correctional services in cooperation with
local agencies. The 
12Department of Juvenile Justice may provide courses of training 
13for the
personnel of such institutions and conduct pilot 
14projects in the
institutions.

15 (d) The Department is authorized to issue reimbursement 
16grants for
counties, municipalities or public building 
17commissions for the purpose of
meeting minimum correctional 
18facilities standards set by the Department
under this Section. 
19Grants may be issued only for projects that were
completed 
20after July 1, 1980 and initiated prior to January 1, 1987.


21  (1) Grants for regional correctional facilities shall 
22 not exceed 90% of
the project costs or $7,000,000, 
23 whichever is less.


24  (2) Grants for correctional facilities by a single 
25 county, municipality
or public building commission shall 
26 not exceed 75% of the proposed project
costs or $4,000,000, 
 
 
09800HB4083ham001- 31 -LRB098 15641 RLC 57714 a


1 whichever is less.


2  (3) As used in this subsection (d), "project" means 
3 only that part of a
facility that is constructed for jail, 
4 correctional or detention purposes
and does not include 
5 other areas of multi-purpose buildings.

6 Construction or renovation grants are authorized to be 
7issued by the
Capital Development Board from capital 
8development bond funds after
application by a county or 
9counties, municipality or municipalities or
public building 
10commission or commissions and approval of a construction or

11renovation grant by the Department for projects initiated after

12January 1, 1987.

13 (e) The Department of Corrections Juvenile Justice shall 
14adopt standards for county jails to hold
juveniles on a 
15temporary basis, as provided in Section 5-410 of the
Juvenile 
16Court Act of 1987. These standards shall include monitoring,

17educational, recreational, and disciplinary standards as well

18as access to medical services, crisis intervention, mental 
19health services,
suicide prevention, health care, nutritional 
20needs, and visitation rights. The
Department of Corrections 
21Juvenile Justice shall also notify any county applying to hold 
22juveniles in a county
jail of the monitoring and program 
23standards for juvenile detention facilities
under Section 
245-410 of the Juvenile Court Act of
1987.

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





 
 
09800HB4083ham001- 32 -LRB098 15641 RLC 57714 a


1 (730 ILCS 5/3-15-3) (from Ch. 38, par. 1003-15-3)



2 Sec. 3-15-3. Persons with mental illness and developmental

3disabilities.
4 (a) The Department of Corrections must, by rule, adopt 
5establish
standards
and procedures
for the provision of mental 
6health and developmental disability services to
persons with 
7mental illness and persons with a developmental disability

8confined in a county local jail or juvenile detention facility 
9as set forth under
Section 3-7-7 of this Code.

10 The Department of Juvenile Justice must, by rule, adopt 
11standards and procedures for the provision of mental health and 
12developmental disability services to persons with mental 
13illness and persons with a developmental disability confined in 
14a juvenile detention facility as set forth under Section 3-7-7 
15of this Code. 
16 Those standards and procedures must address screening and 
17classification,
the use of
psychotropic medications, suicide 
18prevention, qualifications of staff, staffing
levels, staff 
19training, discharge, linkage and aftercare, the 
20confidentiality
of mental health records, and such other issues 
21as are necessary to ensure that
inmates with mental illness 
22receive adequate and humane care and services.

23 (b) At least once each year, the Department of Corrections 
24must inspect each county local jail
and juvenile detention 
25facility for compliance with the standards and
procedures 
26established. At least once each year, the Department of 
 
 
09800HB4083ham001- 33 -LRB098 15641 RLC 57714 a


1Juvenile Justice must inspect each juvenile detention facility 
2for compliance with the standards and procedures established.

3The results of the inspection must be made available by the 
4Department of Corrections or the Department of Juvenile 
5Justice, as the case may be, for
public inspection. If any 
6county jail or juvenile detention facility does not comply
with 
7the standards and procedures
established, the Director of 
8Corrections or the Director of Juvenile Justice, as the case 
9may be, must give notice to the county board
and the sheriff of 
10such noncompliance, specifying the particular standards and

11procedures that
have not been met by the county jail or 
12juvenile detention facility. If the county jail or
juvenile 
13detention facility is not in
compliance with the standards and 
14procedures when 6 months have elapsed from
the giving of
such 
15notice, the Director of Corrections or the Director of Juvenile 
16Justice, as the case may be, may petition the appropriate court 
17for
an order
requiring the jail or juvenile detention facility 
18to comply with the standards
and procedures established by the

19Department of Corrections or the Department of Juvenile 
20Justice, as the case may be, or for other appropriate relief.

21(Source: P.A. 92-469, eff. 1-1-02.)".