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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Illinois Public Aid Code is amended by | ||||||||||||||||||||||||||||||||||||||||||
5 | changing Section 10-27 and by adding Section 10-14.5 as | ||||||||||||||||||||||||||||||||||||||||||
6 | follows: | ||||||||||||||||||||||||||||||||||||||||||
7 | (305 ILCS 5/10-14.5 new) | ||||||||||||||||||||||||||||||||||||||||||
8 | Sec. 10-14.5. Stay of obligation during incarceration or | ||||||||||||||||||||||||||||||||||||||||||
9 | long-term unemployment. | ||||||||||||||||||||||||||||||||||||||||||
10 | (a) The obligation to pay or the accrual of interest | ||||||||||||||||||||||||||||||||||||||||||
11 | arising under an order for child support shall be stayed upon | ||||||||||||||||||||||||||||||||||||||||||
12 | the incarceration of the obligor. An obligor is not required to | ||||||||||||||||||||||||||||||||||||||||||
13 | make child support payments, nor shall interest accrue on any | ||||||||||||||||||||||||||||||||||||||||||
14 | outstanding child support balance due from the date the obligor | ||||||||||||||||||||||||||||||||||||||||||
15 | is taken into custody until his or her release. | ||||||||||||||||||||||||||||||||||||||||||
16 | (b) The obligation to pay or the accrual of interest | ||||||||||||||||||||||||||||||||||||||||||
17 | arising under an order for child support shall be stayed, upon | ||||||||||||||||||||||||||||||||||||||||||
18 | petition of the obligor, during long-term unemployment of the | ||||||||||||||||||||||||||||||||||||||||||
19 | obligor. An obligor is not required to make child support | ||||||||||||||||||||||||||||||||||||||||||
20 | payments, nor shall interest accrue on any outstanding child | ||||||||||||||||||||||||||||||||||||||||||
21 | support balance due from the date the obligor ceases employment | ||||||||||||||||||||||||||||||||||||||||||
22 | until he or she secures new employment.
|
| |||||||
| |||||||
1 | (305 ILCS 5/10-27)
| ||||||
2 | Sec. 10-27. State Case Registry.
| ||||||
3 | (a) The Illinois Department shall establish an automated | ||||||
4 | State Case
Registry to
contain records concerning child support | ||||||
5 | orders for parties receiving child
support enforcement | ||||||
6 | services under this Article X, and for all child support
orders | ||||||
7 | entered or modified on or after October 1, 1998. The State Case
| ||||||
8 | Registry shall include (i) the information filed with the | ||||||
9 | Illinois Department,
or filed with the clerk of the circuit | ||||||
10 | court and provided to the Illinois
Department, under the | ||||||
11 | provisions of Sections 10-10.5 and 10-11.2 of this Code, | ||||||
12 | Section 505.3 of the Illinois Marriage and Dissolution of | ||||||
13 | Marriage Act, Section
30 of the Non-Support Punishment Act, and | ||||||
14 | Section 14.1 of the Illinois
Parentage Act of 1984 ; (ii) | ||||||
15 | information provided by the Department of Corrections under | ||||||
16 | subdivision (1)(p-5) of Section 3-2-2 of the Unified Code of | ||||||
17 | Corrections; and (iii) , and (ii) any other information required | ||||||
18 | under Title IV,
Part D of the Social Security Act or by the | ||||||
19 | federal Department of Health and
Human Services.
| ||||||
20 | (b) (Blank).
| ||||||
21 | (c) The Illinois Department shall maintain the following | ||||||
22 | payment information
on child support orders for parties | ||||||
23 | receiving child support
enforcement services
under
this | ||||||
24 | Article X:
| ||||||
25 | (1) the amount of monthly or other periodic support | ||||||
26 | owed under the order
and other amounts, including |
| |||||||
| |||||||
1 | arrearages, interest or late payment penalties,
and fees, | ||||||
2 | due or overdue under the order;
| ||||||
3 | (2) any amounts described in subdivision (1) of | ||||||
4 | subsection (d) that have
been
collected;
| ||||||
5 | (3) the distribution of the collected amounts; and
| ||||||
6 | (4) the amount of any lien imposed with respect to the | ||||||
7 | order pursuant to
Section 10-25 or Section 10-25.5 of this | ||||||
8 | Code.
| ||||||
9 | (d) The Illinois Department shall establish, update, | ||||||
10 | maintain, and monitor
case records in the Registry of parties | ||||||
11 | receiving child support
enforcement services under this | ||||||
12 | Article X, on the bases of:
| ||||||
13 | (1) information on administrative actions and | ||||||
14 | administrative and judicial
proceedings and orders | ||||||
15 | relating to paternity and support;
| ||||||
16 | (2) information obtained from comparison with federal, | ||||||
17 | State, and local
sources of information;
| ||||||
18 | (3) information on support collections and | ||||||
19 | distribution; and
| ||||||
20 | (4) any other relevant information.
| ||||||
21 | (e) The Illinois Department shall use the automated State | ||||||
22 | Case Registry to
share and compare information with, and | ||||||
23 | receive information from, other data
bases and information | ||||||
24 | comparison services in order to obtain (or provide)
information | ||||||
25 | necessary to enable the Illinois Department (or the federal
| ||||||
26 | Department of Health and Human Services or other State or |
| |||||||
| |||||||
1 | federal agencies) to
carry out the requirements of the child | ||||||
2 | support enforcement program established
under Title IV, Part D | ||||||
3 | of the Social Security Act. Such information comparison
| ||||||
4 | activities shall include the following:
| ||||||
5 | (1) Furnishing to the Federal Case Registry of Child | ||||||
6 | Support Orders (and
updating as necessary, with | ||||||
7 | information including notice of expiration of
orders) the | ||||||
8 | information specified by the federal Department of Health | ||||||
9 | and Human
Services in regulations.
| ||||||
10 | (2) Exchanging information with the Federal Parent | ||||||
11 | Locator Service for the
purposes specified in Section 453 | ||||||
12 | of the Social Security Act.
| ||||||
13 | (3) Exchanging information with State agencies (of | ||||||
14 | this State and of other
states) administering programs | ||||||
15 | funded under Title IV, Part A and Title XIX of
the Social | ||||||
16 | Security Act and other programs designated by the federal | ||||||
17 | Department
of Health and Human Services, as necessary to | ||||||
18 | perform responsibilities under
Title IV, Part D of the | ||||||
19 | Social Security Act and under such other programs.
| ||||||
20 | (4) Exchanging information with other agencies of this | ||||||
21 | State, agencies of
other states, and interstate | ||||||
22 | information networks, as necessary and appropriate
to | ||||||
23 | carry out (or assist other states to carry out) the | ||||||
24 | purposes of Title IV,
Part D of the Social Security Act.
| ||||||
25 | (5) Disclosing information to any other entities as | ||||||
26 | required under Title
IV, Part D of the Social Security Act.
|
| |||||||
| |||||||
1 | (f) The Illinois Department shall adopt rules establishing | ||||||
2 | safeguards,
applicable to all confidential information | ||||||
3 | included in the State Case Registry,
that are designed to | ||||||
4 | protect the privacy rights of persons concerning whom
| ||||||
5 | information is on record in the State Case Registry. Such | ||||||
6 | safeguards shall
include,
but not be limited to the following:
| ||||||
7 | (1) Prohibitions against the release of information on | ||||||
8 | the whereabouts of
one party or the child to another party | ||||||
9 | against whom a protective order with
respect to the former | ||||||
10 | party or the child has been entered.
| ||||||
11 | (2) Prohibitions against the release of information on | ||||||
12 | the whereabouts of
one party or the child to another party | ||||||
13 | if the Illinois Department has
reasonable evidence of | ||||||
14 | domestic violence or child abuse (that is, allegations
of
| ||||||
15 | domestic violence or child abuse, unless the Illinois | ||||||
16 | Department has an
independent, reasonable basis to find the | ||||||
17 | person making the allegation not
credible) to the former | ||||||
18 | party or child by the party requesting information.
| ||||||
19 | (3) Prohibitions against the release of information on | ||||||
20 | the whereabouts of
one party or the child to another person | ||||||
21 | if the Illinois Department has reason
to believe the | ||||||
22 | release of information to that person may result in | ||||||
23 | physical or
emotional harm to the party or child.
| ||||||
24 | (Source: P.A. 92-463, eff. 8-22-01.)
| ||||||
25 | Section 10. The Unified Code of Corrections is amended by |
| |||||||
| |||||||
1 | changing Sections 3-2-2, 3-6-2, 3-9-1, 3-18-20, and 5-8-1.3 as | ||||||
2 | follows:
| ||||||
3 | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| ||||||
4 | Sec. 3-2-2. Powers and Duties of the Department.
| ||||||
5 | (1) In addition to the powers, duties and responsibilities | ||||||
6 | which are
otherwise provided by law, the Department shall have | ||||||
7 | the following powers:
| ||||||
8 | (a) To accept persons committed to it by the courts of | ||||||
9 | this State for
care, custody, treatment and | ||||||
10 | rehabilitation, and to accept federal prisoners and aliens | ||||||
11 | over whom the Office of the Federal Detention Trustee is | ||||||
12 | authorized to exercise the federal detention function for | ||||||
13 | limited purposes and periods of time.
| ||||||
14 | (b) To develop and maintain reception and evaluation | ||||||
15 | units for purposes
of analyzing the custody and | ||||||
16 | rehabilitation needs of persons committed to
it and to | ||||||
17 | assign such persons to institutions and programs under its | ||||||
18 | control
or transfer them to other appropriate agencies. In | ||||||
19 | consultation with the
Department of Alcoholism and | ||||||
20 | Substance Abuse (now the Department of Human
Services), the | ||||||
21 | Department of Corrections
shall develop a master plan for | ||||||
22 | the screening and evaluation of persons
committed to its | ||||||
23 | custody who have alcohol or drug abuse problems, and for
| ||||||
24 | making appropriate treatment available to such persons; | ||||||
25 | the Department
shall report to the General Assembly on such |
| |||||||
| |||||||
1 | plan not later than April 1,
1987. The maintenance and | ||||||
2 | implementation of such plan shall be contingent
upon the | ||||||
3 | availability of funds.
| ||||||
4 | (b-1) To create and implement, on January 1, 2002, a | ||||||
5 | pilot
program to
establish the effectiveness of | ||||||
6 | pupillometer technology (the measurement of the
pupil's
| ||||||
7 | reaction to light) as an alternative to a urine test for | ||||||
8 | purposes of screening
and evaluating
persons committed to | ||||||
9 | its custody who have alcohol or drug problems. The
pilot | ||||||
10 | program shall require the pupillometer technology to be | ||||||
11 | used in at
least one Department of
Corrections facility. | ||||||
12 | The Director may expand the pilot program to include an
| ||||||
13 | additional facility or
facilities as he or she deems | ||||||
14 | appropriate.
A minimum of 4,000 tests shall be included in | ||||||
15 | the pilot program.
The
Department must report to the
| ||||||
16 | General Assembly on the
effectiveness of the program by | ||||||
17 | January 1, 2003.
| ||||||
18 | (b-5) To develop, in consultation with the Department | ||||||
19 | of State Police, a
program for tracking and evaluating each | ||||||
20 | inmate from commitment through release
for recording his or | ||||||
21 | her gang affiliations, activities, or ranks.
| ||||||
22 | (c) To maintain and administer all State correctional | ||||||
23 | institutions and
facilities under its control and to | ||||||
24 | establish new ones as needed. Pursuant
to its power to | ||||||
25 | establish new institutions and facilities, the Department
| ||||||
26 | may, with the written approval of the Governor, authorize |
| |||||||
| |||||||
1 | the Department of
Central Management Services to enter into | ||||||
2 | an agreement of the type
described in subsection (d) of | ||||||
3 | Section 405-300 of the
Department
of Central Management | ||||||
4 | Services Law (20 ILCS 405/405-300). The Department shall
| ||||||
5 | designate those institutions which
shall constitute the | ||||||
6 | State Penitentiary System.
| ||||||
7 | Pursuant to its power to establish new institutions and | ||||||
8 | facilities, the
Department may authorize the Department of | ||||||
9 | Central Management Services to
accept bids from counties | ||||||
10 | and municipalities for the construction,
remodeling or | ||||||
11 | conversion of a structure to be leased to the Department of
| ||||||
12 | Corrections for the purposes of its serving as a | ||||||
13 | correctional institution
or facility. Such construction, | ||||||
14 | remodeling or conversion may be financed
with revenue bonds | ||||||
15 | issued pursuant to the Industrial Building Revenue Bond
Act | ||||||
16 | by the municipality or county. The lease specified in a bid | ||||||
17 | shall be
for a term of not less than the time needed to | ||||||
18 | retire any revenue bonds
used to finance the project, but | ||||||
19 | not to exceed 40 years. The lease may
grant to the State | ||||||
20 | the option to purchase the structure outright.
| ||||||
21 | Upon receipt of the bids, the Department may certify | ||||||
22 | one or more of the
bids and shall submit any such bids to | ||||||
23 | the General Assembly for approval.
Upon approval of a bid | ||||||
24 | by a constitutional majority of both houses of the
General | ||||||
25 | Assembly, pursuant to joint resolution, the Department of | ||||||
26 | Central
Management Services may enter into an agreement |
| |||||||
| |||||||
1 | with the county or
municipality pursuant to such bid.
| ||||||
2 | (c-5) To build and maintain regional juvenile | ||||||
3 | detention centers and to
charge a per diem to the counties | ||||||
4 | as established by the Department to defray
the costs of | ||||||
5 | housing each minor in a center. In this subsection (c-5),
| ||||||
6 | "juvenile
detention center" means a facility to house | ||||||
7 | minors during pendency of trial who
have been transferred | ||||||
8 | from proceedings under the Juvenile Court Act of 1987 to
| ||||||
9 | prosecutions under the criminal laws of this State in | ||||||
10 | accordance with Section
5-805 of the Juvenile Court Act of | ||||||
11 | 1987, whether the transfer was by operation
of
law or | ||||||
12 | permissive under that Section. The Department shall | ||||||
13 | designate the
counties to be served by each regional | ||||||
14 | juvenile detention center.
| ||||||
15 | (d) To develop and maintain programs of control, | ||||||
16 | rehabilitation and
employment of committed persons within | ||||||
17 | its institutions.
| ||||||
18 | (d-5) To provide a pre-release job preparation program | ||||||
19 | for inmates at Illinois adult correctional centers.
| ||||||
20 | (e) To establish a system of supervision and guidance | ||||||
21 | of committed persons
in the community.
| ||||||
22 | (f) To establish in cooperation with the Department of | ||||||
23 | Transportation
to supply a sufficient number of prisoners | ||||||
24 | for use by the Department of
Transportation to clean up the | ||||||
25 | trash and garbage along State, county,
township, or | ||||||
26 | municipal highways as designated by the Department of
|
| |||||||
| |||||||
1 | Transportation. The Department of Corrections, at the | ||||||
2 | request of the
Department of Transportation, shall furnish | ||||||
3 | such prisoners at least
annually for a period to be agreed | ||||||
4 | upon between the Director of
Corrections and the Director | ||||||
5 | of Transportation. The prisoners used on this
program shall | ||||||
6 | be selected by the Director of Corrections on whatever | ||||||
7 | basis
he deems proper in consideration of their term, | ||||||
8 | behavior and earned eligibility
to participate in such | ||||||
9 | program - where they will be outside of the prison
facility | ||||||
10 | but still in the custody of the Department of Corrections. | ||||||
11 | Prisoners
convicted of first degree murder, or a Class X | ||||||
12 | felony, or armed violence, or
aggravated kidnapping, or | ||||||
13 | criminal sexual assault, aggravated criminal sexual
abuse | ||||||
14 | or a subsequent conviction for criminal sexual abuse, or | ||||||
15 | forcible
detention, or arson, or a prisoner adjudged a | ||||||
16 | Habitual Criminal shall not be
eligible for selection to | ||||||
17 | participate in such program. The prisoners shall
remain as | ||||||
18 | prisoners in the custody of the Department of Corrections | ||||||
19 | and such
Department shall furnish whatever security is | ||||||
20 | necessary. The Department of
Transportation shall furnish | ||||||
21 | trucks and equipment for the highway cleanup
program and | ||||||
22 | personnel to supervise and direct the program. Neither the
| ||||||
23 | Department of Corrections nor the Department of | ||||||
24 | Transportation shall replace
any regular employee with a | ||||||
25 | prisoner.
| ||||||
26 | (g) To maintain records of persons committed to it and |
| |||||||
| |||||||
1 | to establish
programs of research, statistics and | ||||||
2 | planning.
| ||||||
3 | (h) To investigate the grievances of any person | ||||||
4 | committed to the
Department, to inquire into any alleged | ||||||
5 | misconduct by employees
or committed persons, and to | ||||||
6 | investigate the assets
of committed persons to implement | ||||||
7 | Section 3-7-6 of this Code; and for
these purposes it may | ||||||
8 | issue subpoenas and compel the attendance of witnesses
and | ||||||
9 | the production of writings and papers, and may examine | ||||||
10 | under oath any
witnesses who may appear before it; to also | ||||||
11 | investigate alleged violations
of a parolee's or | ||||||
12 | releasee's conditions of parole or release; and for this
| ||||||
13 | purpose it may issue subpoenas and compel the attendance of | ||||||
14 | witnesses and
the production of documents only if there is | ||||||
15 | reason to believe that such
procedures would provide | ||||||
16 | evidence that such violations have occurred.
| ||||||
17 | If any person fails to obey a subpoena issued under | ||||||
18 | this subsection,
the Director may apply to any circuit | ||||||
19 | court to secure compliance with the
subpoena. The failure | ||||||
20 | to comply with the order of the court issued in
response | ||||||
21 | thereto shall be punishable as contempt of court.
| ||||||
22 | (i) To appoint and remove the chief administrative | ||||||
23 | officers, and
administer
programs of training and | ||||||
24 | development of personnel of the Department. Personnel
| ||||||
25 | assigned by the Department to be responsible for the
| ||||||
26 | custody and control of committed persons or to investigate |
| |||||||
| |||||||
1 | the alleged
misconduct of committed persons or employees or | ||||||
2 | alleged violations of a
parolee's or releasee's conditions | ||||||
3 | of parole shall be conservators of the peace
for those | ||||||
4 | purposes, and shall have the full power of peace officers | ||||||
5 | outside
of the facilities of the Department in the | ||||||
6 | protection, arrest, retaking
and reconfining of committed | ||||||
7 | persons or where the exercise of such power
is necessary to | ||||||
8 | the investigation of such misconduct or violations.
| ||||||
9 | (j) To cooperate with other departments and agencies | ||||||
10 | and with local
communities for the development of standards | ||||||
11 | and programs for better
correctional services in this | ||||||
12 | State.
| ||||||
13 | (k) To administer all moneys and properties of the | ||||||
14 | Department.
| ||||||
15 | (l) To report annually to the Governor on the committed
| ||||||
16 | persons, institutions and programs of the Department.
| ||||||
17 | (l-5) (Blank).
| ||||||
18 | (m) To make all rules and regulations and exercise all | ||||||
19 | powers and duties
vested by law in the Department.
| ||||||
20 | (n) To establish rules and regulations for | ||||||
21 | administering a system of
sentence credits, established in | ||||||
22 | accordance with Section 3-6-3, subject
to review by the | ||||||
23 | Prisoner Review Board.
| ||||||
24 | (o) To administer the distribution of funds
from the | ||||||
25 | State Treasury to reimburse counties where State penal
| ||||||
26 | institutions are located for the payment of assistant |
| |||||||
| |||||||
1 | state's attorneys'
salaries under Section 4-2001 of the | ||||||
2 | Counties Code.
| ||||||
3 | (p) To exchange information with the Department of | ||||||
4 | Human Services and the
Department of Healthcare and Family | ||||||
5 | Services
for the purpose of verifying living arrangements | ||||||
6 | and for other purposes
directly connected with the | ||||||
7 | administration of this Code and the Illinois
Public Aid | ||||||
8 | Code.
| ||||||
9 | (p-5) To exchange information with the Department of | ||||||
10 | Healthcare and Family Services to ensure that the State | ||||||
11 | Case Registry established under Section 10-27 of the | ||||||
12 | Illinois Public Aid Code accurately reflects the committed | ||||||
13 | status of an obligor.
| ||||||
14 | (q) To establish a diversion program.
| ||||||
15 | The program shall provide a structured environment for | ||||||
16 | selected
technical parole or mandatory supervised release | ||||||
17 | violators and committed
persons who have violated the rules | ||||||
18 | governing their conduct while in work
release. This program | ||||||
19 | shall not apply to those persons who have committed
a new | ||||||
20 | offense while serving on parole or mandatory supervised | ||||||
21 | release or
while committed to work release.
| ||||||
22 | Elements of the program shall include, but shall not be | ||||||
23 | limited to, the
following:
| ||||||
24 | (1) The staff of a diversion facility shall provide | ||||||
25 | supervision in
accordance with required objectives set | ||||||
26 | by the facility.
|
| |||||||
| |||||||
1 | (2) Participants shall be required to maintain | ||||||
2 | employment.
| ||||||
3 | (3) Each participant shall pay for room and board | ||||||
4 | at the facility on a
sliding-scale basis according to | ||||||
5 | the participant's income.
| ||||||
6 | (4) Each participant shall:
| ||||||
7 | (A) provide restitution to victims in | ||||||
8 | accordance with any court order;
| ||||||
9 | (B) provide financial support to his | ||||||
10 | dependents; and
| ||||||
11 | (C) make appropriate payments toward any other | ||||||
12 | court-ordered
obligations.
| ||||||
13 | (5) Each participant shall complete community | ||||||
14 | service in addition to
employment.
| ||||||
15 | (6) Participants shall take part in such | ||||||
16 | counseling, educational and
other programs as the | ||||||
17 | Department may deem appropriate.
| ||||||
18 | (7) Participants shall submit to drug and alcohol | ||||||
19 | screening.
| ||||||
20 | (8) The Department shall promulgate rules | ||||||
21 | governing the administration
of the program.
| ||||||
22 | (r) To enter into intergovernmental cooperation | ||||||
23 | agreements under which
persons in the custody of the | ||||||
24 | Department may participate in a county impact
| ||||||
25 | incarceration program established under Section 3-6038 or | ||||||
26 | 3-15003.5 of the
Counties Code.
|
| |||||||
| |||||||
1 | (r-5) (Blank).
| ||||||
2 | (r-10) To systematically and routinely identify with | ||||||
3 | respect to each
streetgang active within the correctional | ||||||
4 | system: (1) each active gang; (2)
every existing inter-gang | ||||||
5 | affiliation or alliance; and (3) the current leaders
in | ||||||
6 | each gang. The Department shall promptly segregate leaders | ||||||
7 | from inmates who
belong to their gangs and allied gangs. | ||||||
8 | "Segregate" means no physical contact
and, to the extent | ||||||
9 | possible under the conditions and space available at the
| ||||||
10 | correctional facility, prohibition of visual and sound | ||||||
11 | communication. For the
purposes of this paragraph (r-10), | ||||||
12 | "leaders" means persons who:
| ||||||
13 | (i) are members of a criminal streetgang;
| ||||||
14 | (ii) with respect to other individuals within the | ||||||
15 | streetgang, occupy a
position of organizer, | ||||||
16 | supervisor, or other position of management or
| ||||||
17 | leadership; and
| ||||||
18 | (iii) are actively and personally engaged in | ||||||
19 | directing, ordering,
authorizing, or requesting | ||||||
20 | commission of criminal acts by others, which are
| ||||||
21 | punishable as a felony, in furtherance of streetgang | ||||||
22 | related activity both
within and outside of the | ||||||
23 | Department of Corrections.
| ||||||
24 | "Streetgang", "gang", and "streetgang related" have the | ||||||
25 | meanings ascribed to
them in Section 10 of the Illinois | ||||||
26 | Streetgang Terrorism Omnibus Prevention
Act.
|
| |||||||
| |||||||
1 | (s) To operate a super-maximum security institution, | ||||||
2 | in order to
manage and
supervise inmates who are disruptive | ||||||
3 | or dangerous and provide for the safety
and security of the | ||||||
4 | staff and the other inmates.
| ||||||
5 | (t) To monitor any unprivileged conversation or any | ||||||
6 | unprivileged
communication, whether in person or by mail, | ||||||
7 | telephone, or other means,
between an inmate who, before | ||||||
8 | commitment to the Department, was a member of an
organized | ||||||
9 | gang and any other person without the need to show cause or | ||||||
10 | satisfy
any other requirement of law before beginning the | ||||||
11 | monitoring, except as
constitutionally required. The | ||||||
12 | monitoring may be by video, voice, or other
method of | ||||||
13 | recording or by any other means. As used in this | ||||||
14 | subdivision (1)(t),
"organized gang" has the meaning | ||||||
15 | ascribed to it in Section 10 of the Illinois
Streetgang | ||||||
16 | Terrorism Omnibus Prevention Act.
| ||||||
17 | As used in this subdivision (1)(t), "unprivileged | ||||||
18 | conversation" or
"unprivileged communication" means a | ||||||
19 | conversation or communication that is not
protected by any | ||||||
20 | privilege recognized by law or by decision, rule, or order | ||||||
21 | of
the Illinois Supreme Court.
| ||||||
22 | (u) To establish a Women's and Children's Pre-release | ||||||
23 | Community
Supervision
Program for the purpose of providing | ||||||
24 | housing and services to eligible female
inmates, as | ||||||
25 | determined by the Department, and their newborn and young
| ||||||
26 | children.
|
| |||||||
| |||||||
1 | (u-5) To issue an order, whenever a person committed to | ||||||
2 | the Department absconds or absents himself or herself, | ||||||
3 | without authority to do so, from any facility or program to | ||||||
4 | which he or she is assigned. The order shall be certified | ||||||
5 | by the Director, the Supervisor of the Apprehension Unit, | ||||||
6 | or any person duly designated by the Director, with the | ||||||
7 | seal of the Department affixed. The order shall be directed | ||||||
8 | to all sheriffs, coroners, and police officers, or to any | ||||||
9 | particular person named in the order. Any order issued | ||||||
10 | pursuant to this subdivision (1) (u-5) shall be sufficient | ||||||
11 | warrant for the officer or person named in the order to | ||||||
12 | arrest and deliver the committed person to the proper | ||||||
13 | correctional officials and shall be executed the same as | ||||||
14 | criminal process.
| ||||||
15 | (v) To do all other acts necessary to carry out the | ||||||
16 | provisions
of this Chapter.
| ||||||
17 | (2) The Department of Corrections shall by January 1, 1998, | ||||||
18 | consider
building and operating a correctional facility within | ||||||
19 | 100 miles of a county of
over 2,000,000 inhabitants, especially | ||||||
20 | a facility designed to house juvenile
participants in the | ||||||
21 | impact incarceration program.
| ||||||
22 | (3) When the Department lets bids for contracts for medical
| ||||||
23 | services to be provided to persons committed to Department | ||||||
24 | facilities by
a health maintenance organization, medical | ||||||
25 | service corporation, or other
health care provider, the bid may | ||||||
26 | only be let to a health care provider
that has obtained an |
| |||||||
| |||||||
1 | irrevocable letter of credit or performance bond
issued by a | ||||||
2 | company whose bonds have an investment grade or higher rating | ||||||
3 | by a bond rating
organization.
| ||||||
4 | (4) When the Department lets bids for
contracts for food or | ||||||
5 | commissary services to be provided to
Department facilities, | ||||||
6 | the bid may only be let to a food or commissary
services | ||||||
7 | provider that has obtained an irrevocable letter of
credit or | ||||||
8 | performance bond issued by a company whose bonds have an | ||||||
9 | investment grade or higher rating by a bond rating | ||||||
10 | organization.
| ||||||
11 | (Source: P.A. 96-1265, eff. 7-26-10; 97-697, eff. 6-22-12; | ||||||
12 | 97-800, eff. 7-13-12; 97-802, eff. 7-13-12; revised 7-23-12.)
| ||||||
13 | (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | ||||||
14 | Sec. 3-6-2. Institutions and Facility Administration.
| ||||||
15 | (a) Each institution and facility of the Department shall | ||||||
16 | be
administered by a chief administrative officer appointed by
| ||||||
17 | the Director. A chief administrative officer shall be
| ||||||
18 | responsible for all persons assigned to the institution or
| ||||||
19 | facility. The chief administrative officer shall administer
| ||||||
20 | the programs of the Department for the custody and treatment
of | ||||||
21 | such persons.
| ||||||
22 | (b) The chief administrative officer shall have such | ||||||
23 | assistants
as the Department may assign.
| ||||||
24 | (c) The Director or Assistant Director shall have the
| ||||||
25 | emergency powers to temporarily transfer individuals without
|
| |||||||
| |||||||
1 | formal procedures to any State, county, municipal or regional
| ||||||
2 | correctional or detention institution or facility in the State,
| ||||||
3 | subject to the acceptance of such receiving institution or
| ||||||
4 | facility, or to designate any reasonably secure place in the
| ||||||
5 | State as such an institution or facility and to make transfers
| ||||||
6 | thereto. However, transfers made under emergency powers shall
| ||||||
7 | be reviewed as soon as practicable under Article 8, and shall
| ||||||
8 | be subject to Section 5-905 of the Juvenile Court Act of
1987. | ||||||
9 | This Section shall not apply to transfers to the Department of
| ||||||
10 | Human Services which are provided for under
Section 3-8-5 or | ||||||
11 | Section 3-10-5.
| ||||||
12 | (d) The Department shall provide educational programs for | ||||||
13 | all
committed persons so that all persons have an opportunity | ||||||
14 | to
attain the achievement level equivalent to the completion of
| ||||||
15 | the twelfth grade in the public school system in this State.
| ||||||
16 | Other higher levels of attainment shall be encouraged and
| ||||||
17 | professional instruction shall be maintained wherever | ||||||
18 | possible.
The Department may establish programs of mandatory | ||||||
19 | education and may
establish rules and regulations for the | ||||||
20 | administration of such programs.
A person committed to the | ||||||
21 | Department who, during the period of his or her
incarceration, | ||||||
22 | participates in an educational program provided by or through
| ||||||
23 | the Department and through that program is awarded or earns the | ||||||
24 | number of
hours of credit required for the award of an | ||||||
25 | associate, baccalaureate, or
higher degree from a community | ||||||
26 | college, college, or university located in
Illinois shall |
| |||||||
| |||||||
1 | reimburse the State, through the Department, for the costs
| ||||||
2 | incurred by the State in providing that person during his or | ||||||
3 | her incarceration
with the education that qualifies him or her | ||||||
4 | for the award of that degree. The
costs for which reimbursement | ||||||
5 | is required under this subsection shall be
determined and | ||||||
6 | computed by the Department under rules and regulations that
it | ||||||
7 | shall establish for that purpose. However, interest at the rate | ||||||
8 | of 6%
per annum shall be charged on the balance of those costs | ||||||
9 | from time to time
remaining unpaid, from the date of the | ||||||
10 | person's parole, mandatory supervised
release, or release | ||||||
11 | constituting a final termination of his or her commitment
to | ||||||
12 | the Department until paid.
| ||||||
13 | (d-5) A person committed to the Department is entitled to | ||||||
14 | confidential testing for infection with human immunodeficiency | ||||||
15 | virus (HIV) and to counseling in connection with such testing, | ||||||
16 | with no copay to the committed person. A person committed to | ||||||
17 | the Department who has tested positive for infection with HIV | ||||||
18 | is entitled to medical care while incarcerated, counseling, and | ||||||
19 | referrals to support services, in connection with that positive | ||||||
20 | test result. Implementation of this subsection (d-5) is subject | ||||||
21 | to appropriation.
| ||||||
22 | (e) A person committed to the Department who becomes in | ||||||
23 | need
of medical or surgical treatment but is incapable of | ||||||
24 | giving
consent thereto shall receive such medical or surgical | ||||||
25 | treatment
by the chief administrative officer consenting on the | ||||||
26 | person's behalf.
Before the chief administrative officer |
| |||||||
| |||||||
1 | consents, he or she shall
obtain the advice of one or more | ||||||
2 | physicians licensed to practice medicine
in all its branches in | ||||||
3 | this State. If such physician or physicians advise:
| ||||||
4 | (1) that immediate medical or surgical treatment is | ||||||
5 | required
relative to a condition threatening to cause | ||||||
6 | death, damage or
impairment to bodily functions, or | ||||||
7 | disfigurement; and
| ||||||
8 | (2) that the person is not capable of giving consent to | ||||||
9 | such treatment;
the chief administrative officer may give | ||||||
10 | consent for such
medical or surgical treatment, and such | ||||||
11 | consent shall be
deemed to be the consent of the person for | ||||||
12 | all purposes,
including, but not limited to, the authority | ||||||
13 | of a physician
to give such treatment. | ||||||
14 | (e-5) If a physician providing medical care to a committed | ||||||
15 | person on behalf of the Department advises the chief | ||||||
16 | administrative officer that the committed person's mental or | ||||||
17 | physical health has deteriorated as a result of the cessation | ||||||
18 | of ingestion of food or liquid to the point where medical or | ||||||
19 | surgical treatment is required to prevent death, damage, or | ||||||
20 | impairment to bodily functions, the chief administrative | ||||||
21 | officer may authorize such medical or surgical treatment.
| ||||||
22 | (f) In the event that the person requires medical care and
| ||||||
23 | treatment at a place other than the institution or facility,
| ||||||
24 | the person may be removed therefrom under conditions prescribed
| ||||||
25 | by the Department.
The Department shall require the committed | ||||||
26 | person receiving medical or dental
services on a non-emergency |
| |||||||
| |||||||
1 | basis to pay a $5 co-payment to the Department for
each visit | ||||||
2 | for medical or dental services. The amount of each co-payment | ||||||
3 | shall be deducted from the
committed person's individual | ||||||
4 | account.
A committed person who has a chronic illness, as | ||||||
5 | defined by Department rules
and regulations, shall be exempt | ||||||
6 | from the $5 co-payment for treatment of the
chronic illness. A | ||||||
7 | committed person shall not be subject to a $5 co-payment
for | ||||||
8 | follow-up visits ordered by a physician, who is employed by, or | ||||||
9 | contracts
with, the Department. A committed person who is | ||||||
10 | indigent is exempt from the
$5 co-payment
and is entitled to | ||||||
11 | receive medical or dental services on the same basis as a
| ||||||
12 | committed person who is financially able to afford the | ||||||
13 | co-payment.
For purposes of this Section only, "indigent" means | ||||||
14 | a committed person who has $20 or less in his or her Inmate | ||||||
15 | Trust Fund at the time of such services and for the 30 days | ||||||
16 | prior to such services. Notwithstanding any other provision in | ||||||
17 | this subsection (f) to the contrary,
any person committed to | ||||||
18 | any facility operated by the Department of Juvenile Justice, as | ||||||
19 | set
forth in Section 3-2.5-15 of this Code, is exempt from the
| ||||||
20 | co-payment requirement for the duration of confinement in those | ||||||
21 | facilities.
| ||||||
22 | (g) Any person having sole custody of a child at
the time | ||||||
23 | of commitment or any woman giving birth to a child after
her | ||||||
24 | commitment, may arrange through the Department of Children
and | ||||||
25 | Family Services for suitable placement of the child outside
of | ||||||
26 | the Department of Corrections. The Director of the Department
|
| |||||||
| |||||||
1 | of Corrections may determine that there are special reasons why
| ||||||
2 | the child should continue in the custody of the mother until | ||||||
3 | the
child is 6 years old.
| ||||||
4 | (h) The Department may provide Family Responsibility | ||||||
5 | Services which
may consist of, but not be limited to the | ||||||
6 | following:
| ||||||
7 | (1) family advocacy counseling;
| ||||||
8 | (2) parent self-help group;
| ||||||
9 | (3) parenting skills training , which shall include | ||||||
10 | instruction about meeting any applicable child support | ||||||
11 | obligations ;
| ||||||
12 | (4) parent and child overnight program;
| ||||||
13 | (5) parent and child reunification counseling, either | ||||||
14 | separately or
together, preceding the inmate's release; | ||||||
15 | and
| ||||||
16 | (6) a prerelease reunification staffing involving the | ||||||
17 | family advocate,
the inmate and the child's counselor, or | ||||||
18 | both and the inmate.
| ||||||
19 | (i) (Blank).
| ||||||
20 | (j) Any person convicted of a sex offense as defined in the | ||||||
21 | Sex Offender
Management Board Act shall be required to receive | ||||||
22 | a sex offender evaluation
prior to release into the community | ||||||
23 | from the Department of Corrections. The
sex offender evaluation | ||||||
24 | shall be conducted in conformance with the standards
and | ||||||
25 | guidelines developed under
the Sex Offender Management Board | ||||||
26 | Act and by an evaluator approved by the
Board.
|
| |||||||
| |||||||
1 | (k) Any minor committed to the Department of Juvenile | ||||||
2 | Justice
for a sex offense as defined by the Sex Offender | ||||||
3 | Management Board Act shall be
required to undergo sex offender | ||||||
4 | treatment by a treatment provider approved by
the Board and | ||||||
5 | conducted in conformance with the Sex Offender Management Board
| ||||||
6 | Act.
| ||||||
7 | (l) Prior to the release of any inmate committed to a | ||||||
8 | facility of the Department or the Department of Juvenile | ||||||
9 | Justice, the Department must provide the inmate with | ||||||
10 | appropriate information verbally, in writing, by video, or | ||||||
11 | other electronic means, concerning HIV and AIDS. The Department | ||||||
12 | shall develop the informational materials in consultation with | ||||||
13 | the Department of Public Health. At the same time, the | ||||||
14 | Department must also offer the committed person the option of | ||||||
15 | testing for infection with human immunodeficiency virus (HIV), | ||||||
16 | with no copayment for the test. Pre-test information shall be | ||||||
17 | provided to the committed person and informed consent obtained | ||||||
18 | as required in subsection (d) of Section 3 and Section 5 of the | ||||||
19 | AIDS Confidentiality Act. The Department may conduct opt-out | ||||||
20 | HIV testing as defined in Section 4 of the AIDS Confidentiality | ||||||
21 | Act. If the Department conducts opt-out HIV testing, the | ||||||
22 | Department shall place signs in English, Spanish and other | ||||||
23 | languages as needed in multiple, highly visible locations in | ||||||
24 | the area where HIV testing is conducted informing inmates that | ||||||
25 | they will be tested for HIV unless they refuse, and refusal or | ||||||
26 | acceptance of testing shall be documented in the inmate's |
| |||||||
| |||||||
1 | medical record. The Department shall follow procedures | ||||||
2 | established by the Department of Public Health to conduct HIV | ||||||
3 | testing and testing to confirm positive HIV test results. All | ||||||
4 | testing must be conducted by medical personnel, but pre-test | ||||||
5 | and other information may be provided by committed persons who | ||||||
6 | have received appropriate training. The Department, in | ||||||
7 | conjunction with the Department of Public Health, shall develop | ||||||
8 | a plan that complies with the AIDS Confidentiality Act to | ||||||
9 | deliver confidentially all positive or negative HIV test | ||||||
10 | results to inmates or former inmates. Nothing in this Section | ||||||
11 | shall require the Department to offer HIV testing to an inmate | ||||||
12 | who is known to be infected with HIV, or who has been tested | ||||||
13 | for HIV within the previous 180 days and whose documented HIV | ||||||
14 | test result is available to the Department electronically. The
| ||||||
15 | testing provided under this subsection (l) shall consist of a | ||||||
16 | test approved by the Illinois Department of Public Health to | ||||||
17 | determine the presence of HIV infection, based upon | ||||||
18 | recommendations of the United States Centers for Disease | ||||||
19 | Control and Prevention. If the test result is positive, a | ||||||
20 | reliable supplemental test based upon recommendations of the | ||||||
21 | United States Centers for Disease Control and Prevention shall | ||||||
22 | be
administered.
| ||||||
23 | Prior to the release of an inmate who the Department knows | ||||||
24 | has tested positive for infection with HIV, the Department in a | ||||||
25 | timely manner shall offer the inmate transitional case | ||||||
26 | management, including referrals to other support services.
|
| |||||||
| |||||||
1 | (m) The chief administrative officer of each institution or | ||||||
2 | facility of the Department shall make a room in the institution | ||||||
3 | or facility available for addiction recovery services to be | ||||||
4 | provided to committed persons on a voluntary basis. The | ||||||
5 | services shall be provided for one hour once a week at a time | ||||||
6 | specified by the chief administrative officer of the | ||||||
7 | institution or facility if the following conditions are met: | ||||||
8 | (1) the addiction recovery service contacts the chief | ||||||
9 | administrative officer to arrange the meeting; | ||||||
10 | (2) the committed person may attend the meeting for | ||||||
11 | addiction recovery services only if the committed person | ||||||
12 | uses pre-existing free time already available to the | ||||||
13 | committed person; | ||||||
14 | (3) all disciplinary and other rules of the institution | ||||||
15 | or facility remain in effect; | ||||||
16 | (4) the committed person is not given any additional | ||||||
17 | privileges to attend addiction recovery services; | ||||||
18 | (5) if the addiction recovery service does not arrange | ||||||
19 | for scheduling a meeting for that week, no addiction | ||||||
20 | recovery services shall be provided to the committed person | ||||||
21 | in the institution or facility for that week; | ||||||
22 | (6) the number of committed persons who may attend an | ||||||
23 | addiction recovery meeting shall not exceed 40 during any | ||||||
24 | session held at the correctional institution or facility; | ||||||
25 | (7) a volunteer seeking to provide addiction recovery | ||||||
26 | services under this subsection (m) must submit an |
| |||||||
| |||||||
1 | application to the Department of Corrections under | ||||||
2 | existing Department rules and the Department must review | ||||||
3 | the application within 60 days after submission of the | ||||||
4 | application to the Department; and | ||||||
5 | (8) each institution and facility of the Department | ||||||
6 | shall manage the addiction recovery services program | ||||||
7 | according to its own processes and procedures. | ||||||
8 | For the purposes of this subsection (m), "addiction | ||||||
9 | recovery services" means recovery services for alcoholics and | ||||||
10 | addicts provided by volunteers of recovery support services | ||||||
11 | recognized by the Department of Human Services. | ||||||
12 | (Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323, | ||||||
13 | eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12; | ||||||
14 | 97-813, eff. 7-13-12.)
| ||||||
15 | (730 ILCS 5/3-9-1) (from Ch. 38, par. 1003-9-1)
| ||||||
16 | Sec. 3-9-1. Educational Programs. | ||||||
17 | (a) The Department of Juvenile Justice, subject to | ||||||
18 | appropriation and with the cooperation of other State agencies | ||||||
19 | that work with children, shall establish programming, the | ||||||
20 | components of which shall include, but are not limited to: | ||||||
21 | (1) Case management services. | ||||||
22 | (2) Treatment modalities, including substance abuse | ||||||
23 | treatment services, mental health services, and | ||||||
24 | developmental disability services. | ||||||
25 | (3) Prevocational education and career education |
| |||||||
| |||||||
1 | services. | ||||||
2 | (4) Diagnostic evaluation services/Medical screening. | ||||||
3 | (5) Educational services. | ||||||
4 | (6) Self-sufficiency planning. | ||||||
5 | (7) Independent living skills. | ||||||
6 | (8) Parenting skills , which shall include instruction | ||||||
7 | about meeting any applicable child support obligations . | ||||||
8 | (9) Recreational and leisure time activities. | ||||||
9 | (10) Program evaluation. | ||||||
10 | (11) Medical services.
| ||||||
11 | (b) All institutions or facilities housing persons of such | ||||||
12 | age as to be
subject to compulsory school attendance shall | ||||||
13 | establish an educational
program to provide such persons the | ||||||
14 | opportunity to attain an elementary and
secondary school | ||||||
15 | education equivalent to the completion of the twelfth
grade in | ||||||
16 | the public school systems of this State; and, in furtherance
| ||||||
17 | thereof, shall utilize assistance from local public school | ||||||
18 | districts and
State agencies in established curricula and | ||||||
19 | staffing such program.
| ||||||
20 | (c) All institutions or facilities housing persons not | ||||||
21 | subject to
compulsory school attendance shall make available | ||||||
22 | programs and training to
provide such persons an opportunity to | ||||||
23 | attain an elementary and secondary
school education equivalent | ||||||
24 | to the completion of the twelfth grade in the
public school | ||||||
25 | systems of this State; and, in furtherance thereof, such
| ||||||
26 | institutions or facilities may utilize assistance from local |
| |||||||
| |||||||
1 | public school
districts and State agencies in creating | ||||||
2 | curricula and staffing the
program.
| ||||||
3 | (d) The Department of Juvenile Justice shall develop and | ||||||
4 | establish a suicide
reduction program in all institutions or | ||||||
5 | facilities housing persons
committed to the Department of | ||||||
6 | Juvenile Justice. The program shall be designed to
increase the | ||||||
7 | life coping skills and self esteem of juvenile offenders and
to | ||||||
8 | decrease their propensity to commit self destructive acts.
| ||||||
9 | (Source: P.A. 94-696, eff. 6-1-06 .)
| ||||||
10 | (730 ILCS 5/3-18-20) | ||||||
11 | Sec. 3-18-20. Director to contract for certain services for | ||||||
12 | offenders in program. | ||||||
13 | (a) The Director may enter into one or more contracts with | ||||||
14 | one or more public or private entities to provide any of the | ||||||
15 | following services, as necessary and appropriate, to offenders | ||||||
16 | participating in a program: | ||||||
17 | (1) transitional housing; | ||||||
18 | (2) treatment pertaining to substance abuse or mental | ||||||
19 | health; | ||||||
20 | (3) training in life skills; | ||||||
21 | (4) vocational rehabilitation and job skills training; | ||||||
22 | and | ||||||
23 | (5) any other services required by offenders who are | ||||||
24 | participating in a program. | ||||||
25 | (b) The Director shall, as necessary and appropriate, |
| |||||||
| |||||||
1 | provide referrals and information regarding: | ||||||
2 | (1) any of the services provided pursuant to subsection | ||||||
3 | (a); | ||||||
4 | (2) access and availability of any appropriate | ||||||
5 | self-help groups; | ||||||
6 | (3) social services for families and children; and | ||||||
7 | (4) permanent housing. | ||||||
8 | (c) The Director may apply for and accept any gift, | ||||||
9 | donation, bequest, grant, or other source of money to carry out | ||||||
10 | the provisions of this Section. | ||||||
11 | (d) As used in this Section, training in life skills | ||||||
12 | includes, without limitation, training in the areas of:
(1) | ||||||
13 | parenting , which shall include instruction about meeting any | ||||||
14 | applicable child support obligations ;
(2) improving human | ||||||
15 | relationships;
(3) preventing domestic violence;
(4) | ||||||
16 | maintaining emotional and physical health;
(5) preventing | ||||||
17 | abuse of alcohol and drugs;
(6) preparing for and obtaining | ||||||
18 | employment; and
(7) budgeting, consumerism, and personal | ||||||
19 | finances.
| ||||||
20 | (Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.)
| ||||||
21 | (730 ILCS 5/5-8-1.3)
| ||||||
22 | Sec. 5-8-1.3. Pilot residential and transition treatment | ||||||
23 | program for women.
| ||||||
24 | (a) The General Assembly recognizes:
| ||||||
25 | (1) that drug-offending women with children who have |
| |||||||
| |||||||
1 | been in and out of
the criminal justice system for years | ||||||
2 | are a serious problem;
| ||||||
3 | (2) that the intergenerational cycle of women | ||||||
4 | continuously
being part of the criminal justice system | ||||||
5 | needs to be broken;
| ||||||
6 | (3) that the effects of drug offending women with | ||||||
7 | children
disrupts family harmony and creates an atmosphere | ||||||
8 | that is
not conducive to healthy childhood development;
| ||||||
9 | (4) that there is a need for an effective residential
| ||||||
10 | community supervision model to provide help to women to
| ||||||
11 | become drug free, recover from trauma, focus on healthy
| ||||||
12 | mother-child relationships, and establish economic
| ||||||
13 | independence and long-term support;
| ||||||
14 | (5) that certain non-violent women offenders with | ||||||
15 | children
eligible for sentences of incarceration, may | ||||||
16 | benefit from
the rehabilitative aspects of gender | ||||||
17 | responsive
treatment programs and services. This Section | ||||||
18 | shall
not be construed to allow violent offenders to
| ||||||
19 | participate in a treatment program.
| ||||||
20 | (b) Under the direction of the sheriff and with the | ||||||
21 | approval of
the county board of commissioners, the sheriff, in | ||||||
22 | any county with more
than 3,000,000 inhabitants, may operate a | ||||||
23 | residential and
transition treatment program for women | ||||||
24 | established by the Illinois Department
of Corrections if | ||||||
25 | funding has been provided by federal, local or private
| ||||||
26 | entities. If the court finds during the
sentencing hearing |
| |||||||
| |||||||
1 | conducted under Section 5-4-1 that a woman convicted
of a | ||||||
2 | felony meets the eligibility requirements of the sheriff's
| ||||||
3 | residential and transition treatment program for women, the | ||||||
4 | court may
refer the offender to the sheriff's residential and | ||||||
5 | transition
treatment program for women for consideration as a | ||||||
6 | participant as an
alternative to incarceration in the | ||||||
7 | penitentiary. The sheriff shall be
responsible for supervising | ||||||
8 | all women who are placed in the residential
and transition | ||||||
9 | treatment program for women for the 12-month period. In
the | ||||||
10 | event that the woman is not accepted for placement in the | ||||||
11 | sheriff's
residential and transition treatment program for | ||||||
12 | women, the court shall
proceed to sentence the woman to any | ||||||
13 | other disposition authorized by
this Code. If the woman does | ||||||
14 | not successfully complete the residential
and transition | ||||||
15 | treatment program for women, the woman's failure to do
so shall | ||||||
16 | constitute a violation of the sentence to the residential and
| ||||||
17 | transition treatment program for women.
| ||||||
18 | (c) In order to be eligible to be a participant in the | ||||||
19 | pilot
residential and transition treatment program for women, | ||||||
20 | the participant
shall meet all of the following conditions:
| ||||||
21 | (1) The woman has not been convicted of a violent crime | ||||||
22 | as
defined in subsection (c) of Section 3 of the Rights of | ||||||
23 | Crime
Victims and Witnesses Act, a Class X felony, first or | ||||||
24 | second
degree murder, armed violence, aggravated | ||||||
25 | kidnapping,
criminal sexual assault, aggravated criminal | ||||||
26 | sexual
abuse or a subsequent conviction for criminal sexual |
| |||||||
| |||||||
1 | abuse,
forcible detention, or arson and has not been | ||||||
2 | previously
convicted of any of those offenses.
| ||||||
3 | (2) The woman must undergo an initial assessment | ||||||
4 | evaluation
to determine the treatment and program plan.
| ||||||
5 | (3) The woman was recommended and accepted for | ||||||
6 | placement in
the pilot residential and transition | ||||||
7 | treatment program for
women by the Department of | ||||||
8 | Corrections and has consented in writing to
participation | ||||||
9 | in the program under the terms and conditions
of the | ||||||
10 | program. The Department of Corrections may consider | ||||||
11 | whether space is
available.
| ||||||
12 | (d) The program may include a substance abuse treatment | ||||||
13 | program
designed for women offenders, mental health, trauma, | ||||||
14 | and medical
treatment; parenting skills , which shall include | ||||||
15 | instruction about meeting any applicable child support | ||||||
16 | obligations and family relationship counseling, preparation | ||||||
17 | for
a GED or vocational certificate; life skills program; job | ||||||
18 | readiness and job
skill training, and a community transition | ||||||
19 | development plan.
| ||||||
20 | (e) With the approval of the Department of Corrections, the | ||||||
21 | sheriff shall
issue requirements for the program and
inform the | ||||||
22 | participants who shall sign an agreement to adhere to all
rules | ||||||
23 | and all requirements for the pilot residential and transition
| ||||||
24 | treatment program.
| ||||||
25 | (f) Participation in the pilot residential and transition
| ||||||
26 | treatment program for women shall be for a period not to exceed |
| |||||||
| |||||||
1 | 12
months. The period may not be reduced by accumulation of | ||||||
2 | good time.
| ||||||
3 | (g) If the woman successfully completes the pilot | ||||||
4 | residential
and transition treatment program for women, the | ||||||
5 | sheriff shall notify
the Department of Corrections, the court, | ||||||
6 | and
the State's
Attorney of the county of the woman's | ||||||
7 | successful completion.
| ||||||
8 | (h) A woman may be removed from the pilot residential and
| ||||||
9 | transition treatment program for women for violation of the | ||||||
10 | terms and
conditions of the program or in the event she is | ||||||
11 | unable to participate.
The failure to complete the program | ||||||
12 | shall be deemed a violation of the
conditions of the program. | ||||||
13 | The sheriff shall give notice to the Department of
Corrections, | ||||||
14 | the court, and the
State's Attorney of the woman's failure to | ||||||
15 | complete the program.
The
Department of Corrections or its | ||||||
16 | designee shall file a petition alleging that
the woman has | ||||||
17 | violated the
conditions of the program with the court. The | ||||||
18 | State's Attorney may
proceed on the petition under Section | ||||||
19 | 5-4-1 of this Code.
| ||||||
20 | (i) The conditions of the pilot residential and transition | ||||||
21 | treatment
program for women shall include that the woman while | ||||||
22 | in the program:
| ||||||
23 | (1) not violate any criminal statute of any | ||||||
24 | jurisdiction;
| ||||||
25 | (2) report or appear in person before any person or
| ||||||
26 | agency as directed by the court, the sheriff, or Department |
| |||||||
| |||||||
1 | of Corrections;
| ||||||
2 | (3) refrain from possessing a firearm or other | ||||||
3 | dangerous
weapon;
| ||||||
4 | (4) consent to drug testing;
| ||||||
5 | (5) not leave the State without the consent of the | ||||||
6 | court or,
in circumstances in which reason for the absence | ||||||
7 | is of such an
emergency nature that prior consent by the | ||||||
8 | court is not possible,
without prior notification and | ||||||
9 | approval of the Department of Corrections;
| ||||||
10 | (6) upon placement in the program, must agree to follow | ||||||
11 | all
requirements of the program.
| ||||||
12 | (j) The Department of Corrections or the sheriff may | ||||||
13 | terminate the program
at any time by mutual agreement or with | ||||||
14 | 30 days prior written notice by either
the Department of | ||||||
15 | Corrections or the sheriff.
| ||||||
16 | (k) The Department of Corrections may enter into a joint | ||||||
17 | contract with a
county with more than 3,000,000 inhabitants to | ||||||
18 | establish and operate a pilot
residential and treatment program | ||||||
19 | for women.
| ||||||
20 | (l) The Director
of the Department of Corrections shall | ||||||
21 | have the authority to develop rules to
establish and operate a | ||||||
22 | pilot residential and treatment program for women that
shall | ||||||
23 | include criteria for selection of the participants of the | ||||||
24 | program in
conjunction and approval by the sentencing court. | ||||||
25 | Violent crime offenders are
not eligible to participate in the | ||||||
26 | program.
|
| |||||||
| |||||||
1 | (m) The Department shall report to the Governor and the | ||||||
2 | General Assembly
before September 30th of each year on the | ||||||
3 | pilot residential and treatment
program for women, including | ||||||
4 | the composition of the program by offenders,
sentence, age, | ||||||
5 | offense, and race. Reporting is only required if the pilot | ||||||
6 | residential and treatment program for women is operational.
| ||||||
7 | (n) The Department of Corrections or the sheriff may | ||||||
8 | terminate the program
with 30 days prior written notice.
| ||||||
9 | (o) A county with more than 3,000,000 inhabitants is | ||||||
10 | authorized to apply
for funding from federal, local or private | ||||||
11 | entities to create a Residential
and Treatment Program for | ||||||
12 | Women. This sentencing option may not go into
effect until the | ||||||
13 | funding is secured for the program and the program has been
| ||||||
14 | established.
| ||||||
15 | (Source: P.A. 97-800, eff. 7-13-12.)
| ||||||
16 | Section 15. The Illinois Marriage and Dissolution of | ||||||
17 | Marriage Act is amended by changing Sections 504 and 505 as | ||||||
18 | follows:
| ||||||
19 | (750 ILCS 5/504) (from Ch. 40, par. 504)
| ||||||
20 | Sec. 504. Maintenance.
| ||||||
21 | (a) In a proceeding for dissolution of marriage or legal | ||||||
22 | separation or
declaration of invalidity of marriage, or a | ||||||
23 | proceeding for maintenance
following dissolution of the | ||||||
24 | marriage by a court which lacked personal
jurisdiction over the |
| |||||||
| |||||||
1 | absent spouse, the court may grant a temporary or
permanent | ||||||
2 | maintenance award for either spouse in amounts and for periods | ||||||
3 | of
time as the court deems just, without regard to marital | ||||||
4 | misconduct, in
gross or for fixed or indefinite periods of | ||||||
5 | time, and the maintenance may
be paid from the income or | ||||||
6 | property of the other spouse after consideration
of all | ||||||
7 | relevant factors, including:
| ||||||
8 | (1) the income and property of each party, including | ||||||
9 | marital property
apportioned and non-marital property | ||||||
10 | assigned to the party seeking maintenance;
| ||||||
11 | (2) the needs of each party;
| ||||||
12 | (3) the present and future earning capacity of each | ||||||
13 | party;
| ||||||
14 | (4) any impairment of the present and future earning | ||||||
15 | capacity of the
party seeking maintenance due to that party | ||||||
16 | devoting time to domestic
duties or having forgone or | ||||||
17 | delayed education, training,
employment, or
career | ||||||
18 | opportunities due to the marriage;
| ||||||
19 | (5) the time necessary to enable the party seeking | ||||||
20 | maintenance to
acquire appropriate education, training, | ||||||
21 | and employment, and whether that
party is able to support | ||||||
22 | himself or herself through appropriate employment
or is the | ||||||
23 | custodian of a child making it appropriate that the | ||||||
24 | custodian not
seek employment;
| ||||||
25 | (6) the standard of living established during the | ||||||
26 | marriage;
|
| |||||||
| |||||||
1 | (7) the duration of the marriage;
| ||||||
2 | (8) the age and the physical and emotional condition of
| ||||||
3 | both parties;
| ||||||
4 | (9) the tax consequences of the property division upon | ||||||
5 | the respective
economic circumstances of the parties;
| ||||||
6 | (10) contributions and services by the party seeking | ||||||
7 | maintenance to
the education, training, career or career | ||||||
8 | potential, or license of the
other spouse;
| ||||||
9 | (11) any valid agreement of the parties; and
| ||||||
10 | (12) any other factor that the court expressly finds to | ||||||
11 | be just and
equitable.
| ||||||
12 | (b) (Blank).
| ||||||
13 | (b-5) Any maintenance obligation including any unallocated | ||||||
14 | maintenance and child support obligation, or any portion of any | ||||||
15 | support obligation, that becomes due and remains unpaid shall | ||||||
16 | accrue simple interest as set forth in Section 505 of this Act.
| ||||||
17 | (b-7) Any new or existing maintenance order including any | ||||||
18 | unallocated maintenance and child support order entered by the | ||||||
19 | court under this Section shall be deemed to be a series of | ||||||
20 | judgments against the person obligated to pay support | ||||||
21 | thereunder. Each such judgment to be in the amount of each | ||||||
22 | payment or installment of support and each such judgment to be | ||||||
23 | deemed entered as of the date the corresponding payment or | ||||||
24 | installment becomes due under the terms of the support order, | ||||||
25 | except no judgment shall arise as to any installment coming due | ||||||
26 | after the termination of maintenance as provided by Section 510 |
| |||||||
| |||||||
1 | of the Illinois Marriage and Dissolution of Marriage Act or the | ||||||
2 | provisions of any order for maintenance. Each such judgment | ||||||
3 | shall have the full force, effect and attributes of any other | ||||||
4 | judgment of this State, including the ability to be enforced. | ||||||
5 | Notwithstanding any other State or local law to the contrary, a | ||||||
6 | lien arises by operation of law against the real and personal | ||||||
7 | property of the obligor for each installment of overdue support | ||||||
8 | owed by the obligor. | ||||||
9 | (c) The court may grant and enforce the payment of | ||||||
10 | maintenance during
the pendency of an appeal as the court shall | ||||||
11 | deem reasonable and proper.
| ||||||
12 | (d) No maintenance shall accrue during the period in which | ||||||
13 | a party is
imprisoned for failure to comply with the court's | ||||||
14 | order for the payment of
such maintenance.
| ||||||
15 | (e) When maintenance is to be paid through the clerk of the | ||||||
16 | court in a
county of 1,000,000 inhabitants or less, the order | ||||||
17 | shall direct the obligor
to pay to the clerk, in addition to | ||||||
18 | the maintenance payments, all fees
imposed by the county board | ||||||
19 | under paragraph (3) of subsection (u) of
Section 27.1 of the | ||||||
20 | Clerks of Courts Act. Unless paid in cash or pursuant
to an | ||||||
21 | order for withholding, the payment of the fee shall be by a | ||||||
22 | separate
instrument from the support payment and shall be made | ||||||
23 | to the order of
the Clerk.
| ||||||
24 | (f) An award ordered by a court upon entry of a dissolution | ||||||
25 | judgment or upon entry of an award of maintenance following a | ||||||
26 | reservation of maintenance in a dissolution judgment may be |
| |||||||
| |||||||
1 | reasonably secured, in whole or in part, by life insurance on | ||||||
2 | the
payor's life on terms as to which the parties agree, or, if | ||||||
3 | they do not agree, on such terms determined by the court,
| ||||||
4 | subject to the following: | ||||||
5 | (1) With respect to existing life insurance, provided | ||||||
6 | the court is apprised through evidence,
stipulation, or | ||||||
7 | otherwise as to level of death benefits, premium, and other | ||||||
8 | relevant
data and makes findings relative thereto, the | ||||||
9 | court may allocate death benefits, the right
to assign | ||||||
10 | death benefits, or the obligation for future premium | ||||||
11 | payments between the
parties as it deems just. | ||||||
12 | (2) To the extent the court determines that its award | ||||||
13 | should be secured, in whole or in part,
by new life | ||||||
14 | insurance on the payor's life, the court may only order: | ||||||
15 | (i) that the payor cooperate on all appropriate | ||||||
16 | steps for the payee to obtain
such new life insurance; | ||||||
17 | and | ||||||
18 | (ii) that the payee, at his or her sole option and | ||||||
19 | expense, may obtain such new life
insurance on the | ||||||
20 | payor's life up to a maximum level of death benefit | ||||||
21 | coverage,
or descending death benefit coverage, as is | ||||||
22 | set by the court, such level not to exceed a reasonable
| ||||||
23 | amount in light of the court's award, with the payee or | ||||||
24 | the
payee's designee being the beneficiary of such life | ||||||
25 | insurance. | ||||||
26 | In determining the maximum level of death benefit coverage, |
| |||||||
| |||||||
1 | the court shall take into account all relevant facts and | ||||||
2 | circumstances, including the impact on access to life | ||||||
3 | insurance by the maintenance payor. If in resolving any | ||||||
4 | issues under paragraph (2) of this subsection (f) a court | ||||||
5 | reviews any submitted or proposed application for new | ||||||
6 | insurance on the life of a maintenance payor, the review | ||||||
7 | shall be in camera. | ||||||
8 | (3) A judgment shall expressly set forth that all death | ||||||
9 | benefits paid under life insurance on
a payor's life | ||||||
10 | maintained or obtained pursuant to this subsection to | ||||||
11 | secure
maintenance are designated as excludable from the | ||||||
12 | gross income of the
maintenance payee under Section | ||||||
13 | 71(b)(1)(B) of the Internal Revenue Code, unless an
| ||||||
14 | agreement or stipulation of the parties otherwise | ||||||
15 | provides. | ||||||
16 | (g) The payment of any child support under an order entered | ||||||
17 | by the court under this Section is subject to subsections (d-5) | ||||||
18 | and (d-10) of Section 505 of this Act. | ||||||
19 | (Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12; | ||||||
20 | 97-813, eff. 7-13-12.)
| ||||||
21 | (750 ILCS 5/505) (from Ch. 40, par. 505)
| ||||||
22 | Sec. 505. Child support; contempt; penalties.
| ||||||
23 | (a) In a proceeding for dissolution of marriage, legal | ||||||
24 | separation,
declaration of invalidity of marriage, a | ||||||
25 | proceeding for child support
following dissolution of the |
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
1 | marriage by a court that lacked personal
jurisdiction over the | |||||||||||||||||||||||||||||||||
2 | absent spouse, a proceeding for modification of a
previous | |||||||||||||||||||||||||||||||||
3 | order for child support under Section 510 of this Act, or any
| |||||||||||||||||||||||||||||||||
4 | proceeding authorized under Section 501 or 601 of this Act, the | |||||||||||||||||||||||||||||||||
5 | court may
order either or both parents owing a duty of support | |||||||||||||||||||||||||||||||||
6 | to a child of the
marriage to pay an amount reasonable and | |||||||||||||||||||||||||||||||||
7 | necessary for the support of the child, without
regard to | |||||||||||||||||||||||||||||||||
8 | marital misconduct. The duty of support owed to a child
| |||||||||||||||||||||||||||||||||
9 | includes the obligation to provide for the reasonable and | |||||||||||||||||||||||||||||||||
10 | necessary
educational, physical, mental and emotional health | |||||||||||||||||||||||||||||||||
11 | needs of the child.
For purposes of this Section, the term | |||||||||||||||||||||||||||||||||
12 | "child" shall include any child under
age 18 and
any child | |||||||||||||||||||||||||||||||||
13 | under age 19 who is still attending high school.
| |||||||||||||||||||||||||||||||||
14 | (1) The Court shall determine the minimum amount of | |||||||||||||||||||||||||||||||||
15 | support by using the
following guidelines:
| |||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
24 | (2) The above guidelines shall be applied in each case | |||||||||||||||||||||||||||||||||
25 | unless the court
finds that a deviation from the guidelines | |||||||||||||||||||||||||||||||||
26 | is appropriate after considering the best interest of the |
| |||||||
| |||||||
1 | child in light of the evidence, including, but not limited | ||||||
2 | to, one or more of the following relevant
factors:
| ||||||
3 | (a) the financial resources and needs of the child;
| ||||||
4 | (b) the financial resources and needs of the | ||||||
5 | custodial parent;
| ||||||
6 | (c) the standard of living the child would have | ||||||
7 | enjoyed had the
marriage not been dissolved;
| ||||||
8 | (d) the physical, mental, and emotional needs of | ||||||
9 | the child;
| ||||||
10 | (d-5) the educational needs of the child; and
| ||||||
11 | (e) the financial resources and needs of the | ||||||
12 | non-custodial parent.
| ||||||
13 | If the court deviates from the guidelines, the court's | ||||||
14 | finding
shall state the amount of support that would have | ||||||
15 | been required under the
guidelines, if determinable. The | ||||||
16 | court shall include the reason or reasons for
the variance | ||||||
17 | from the
guidelines.
| ||||||
18 | (2.5) The court, in its discretion, in addition to | ||||||
19 | setting child support pursuant to the guidelines and | ||||||
20 | factors, may order either or both parents owing a duty of | ||||||
21 | support to a child of the marriage to contribute to the | ||||||
22 | following expenses, if determined by the court to be | ||||||
23 | reasonable: | ||||||
24 | (a) health needs not covered by insurance; | ||||||
25 | (b) child care; | ||||||
26 | (c) education; and |
| |||||||
| |||||||
1 | (d) extracurricular activities.
| ||||||
2 | (3) "Net income" is defined as the total of all income | ||||||
3 | from all
sources, minus the following deductions:
| ||||||
4 | (a) Federal income tax (properly calculated | ||||||
5 | withholding or estimated
payments);
| ||||||
6 | (b) State income tax (properly calculated | ||||||
7 | withholding or estimated
payments);
| ||||||
8 | (c) Social Security (FICA payments);
| ||||||
9 | (d) Mandatory retirement contributions required by | ||||||
10 | law or as a
condition of employment;
| ||||||
11 | (e) Union dues;
| ||||||
12 | (f) Dependent and individual | ||||||
13 | health/hospitalization insurance premiums and premiums | ||||||
14 | for life insurance ordered by the court to reasonably | ||||||
15 | secure payment of ordered child support;
| ||||||
16 | (g) Prior obligations of support or maintenance | ||||||
17 | actually paid pursuant
to a court order;
| ||||||
18 | (h) Expenditures for repayment of debts that | ||||||
19 | represent reasonable and
necessary expenses for the | ||||||
20 | production of income, medical expenditures
necessary | ||||||
21 | to preserve life or health, reasonable expenditures | ||||||
22 | for the
benefit of the child and the other parent, | ||||||
23 | exclusive of gifts. The court
shall reduce net income | ||||||
24 | in determining the minimum amount of support to be
| ||||||
25 | ordered only for the period that such payments are due | ||||||
26 | and shall enter an
order containing provisions for its |
| |||||||
| |||||||
1 | self-executing modification upon
termination of such | ||||||
2 | payment period;
| ||||||
3 | (i) Foster care payments paid by the Department of | ||||||
4 | Children and Family Services for providing licensed | ||||||
5 | foster care to a foster child.
| ||||||
6 | (4) In cases where the court order provides for
| ||||||
7 | health/hospitalization insurance coverage pursuant to | ||||||
8 | Section 505.2 of
this Act, the premiums for that insurance, | ||||||
9 | or that portion of the premiums
for which the supporting | ||||||
10 | party is responsible in the case of insurance
provided | ||||||
11 | through an employer's health insurance plan where
the | ||||||
12 | employer pays a portion of the premiums, shall be | ||||||
13 | subtracted
from net income in determining the minimum | ||||||
14 | amount of support to be ordered.
| ||||||
15 | (4.5) In a proceeding for child support following | ||||||
16 | dissolution of the
marriage by a court that lacked personal | ||||||
17 | jurisdiction over the absent spouse,
and in which the court | ||||||
18 | is requiring payment of support for the period before
the | ||||||
19 | date an order for current support is entered, there is a | ||||||
20 | rebuttable
presumption
that the supporting party's net | ||||||
21 | income for the prior period was the same as his
or her net | ||||||
22 | income at the time the order for current support is | ||||||
23 | entered.
| ||||||
24 | (5) If the net income cannot be determined because of | ||||||
25 | default or any
other reason, the court shall order support | ||||||
26 | in an amount considered
reasonable in the particular case. |
| |||||||
| |||||||
1 | The final order in all cases shall
state the support level | ||||||
2 | in dollar amounts.
However, if the
court finds that the | ||||||
3 | child support amount cannot be expressed exclusively as a
| ||||||
4 | dollar amount because all or a portion of the payor's net | ||||||
5 | income is uncertain
as to source, time of payment, or | ||||||
6 | amount, the court may order a percentage
amount of support | ||||||
7 | in addition to a specific dollar amount and enter
such | ||||||
8 | other orders as may be necessary to determine and enforce, | ||||||
9 | on a timely
basis, the applicable support ordered.
| ||||||
10 | (6) If (i) the non-custodial parent was properly served | ||||||
11 | with a request
for
discovery of financial information | ||||||
12 | relating to the non-custodial parent's
ability to
provide | ||||||
13 | child support, (ii) the non-custodial parent failed to | ||||||
14 | comply with the
request,
despite having been ordered to do | ||||||
15 | so by the court, and (iii) the non-custodial
parent is not | ||||||
16 | present at the hearing to determine support despite having
| ||||||
17 | received
proper notice, then any relevant financial | ||||||
18 | information concerning the
non-custodial parent's ability | ||||||
19 | to provide child support that was obtained
pursuant to
| ||||||
20 | subpoena and proper notice shall be admitted into evidence | ||||||
21 | without the need to
establish any further foundation for | ||||||
22 | its admission.
| ||||||
23 | (a-5) In an action to enforce an order for support based on | ||||||
24 | the
respondent's failure
to make support payments as required | ||||||
25 | by the order, notice of proceedings to
hold the respondent in | ||||||
26 | contempt for that failure may be served on the
respondent by |
| |||||||
| |||||||
1 | personal service or by regular mail addressed to the | ||||||
2 | respondent's
last known address. The respondent's last known | ||||||
3 | address may be determined from
records of the clerk of the | ||||||
4 | court, from the Federal Case Registry of Child
Support Orders, | ||||||
5 | or by any other reasonable means.
| ||||||
6 | (b) Failure of either parent to comply with an order to pay | ||||||
7 | support shall
be punishable as in other cases of contempt. In | ||||||
8 | addition to other
penalties provided by law the Court may, | ||||||
9 | after finding the parent guilty
of contempt, order that the | ||||||
10 | parent be:
| ||||||
11 | (1) placed on probation with such conditions of | ||||||
12 | probation as the Court
deems advisable;
| ||||||
13 | (2) sentenced to periodic imprisonment for a period not | ||||||
14 | to exceed 6
months; provided, however, that the Court may | ||||||
15 | permit the parent to be
released for periods of time during | ||||||
16 | the day or night to:
| ||||||
17 | (A) work; or
| ||||||
18 | (B) conduct a business or other self-employed | ||||||
19 | occupation.
| ||||||
20 | The Court may further order any part or all of the earnings | ||||||
21 | of a parent
during a sentence of periodic imprisonment paid to | ||||||
22 | the Clerk of the Circuit
Court or to the parent having custody | ||||||
23 | or to the guardian having custody
of the children of the | ||||||
24 | sentenced parent for the support of said
children until further | ||||||
25 | order of the Court.
| ||||||
26 | If a parent who is found guilty of contempt for failure to |
| |||||||
| |||||||
1 | comply with an order to pay support is a person who conducts a | ||||||
2 | business or who is self-employed, the court in addition to | ||||||
3 | other penalties provided by law may order that the parent do | ||||||
4 | one or more of the following: (i) provide to the court monthly | ||||||
5 | financial statements showing income and expenses from the | ||||||
6 | business or the self-employment; (ii) seek employment and | ||||||
7 | report periodically to the court with a diary, listing, or | ||||||
8 | other memorandum of his or her employment search efforts; or | ||||||
9 | (iii) report to the Department of Employment Security for job | ||||||
10 | search services to find employment that will be subject to | ||||||
11 | withholding for child support. | ||||||
12 | If there is a unity of interest and ownership sufficient to | ||||||
13 | render no
financial separation between a non-custodial parent | ||||||
14 | and another person or
persons or business entity, the court may | ||||||
15 | pierce the ownership veil of the
person, persons, or business | ||||||
16 | entity to discover assets of the non-custodial
parent held in | ||||||
17 | the name of that person, those persons, or that business | ||||||
18 | entity.
The following circumstances are sufficient to | ||||||
19 | authorize a court to order
discovery of the assets of a person, | ||||||
20 | persons, or business entity and to compel
the application of | ||||||
21 | any discovered assets toward payment on the judgment for
| ||||||
22 | support:
| ||||||
23 | (1) the non-custodial parent and the person, persons, | ||||||
24 | or business entity
maintain records together.
| ||||||
25 | (2) the non-custodial parent and the person, persons, | ||||||
26 | or business entity
fail to maintain an arm's length |
| |||||||
| |||||||
1 | relationship between themselves with regard to
any assets.
| ||||||
2 | (3) the non-custodial parent transfers assets to the | ||||||
3 | person, persons,
or business entity with the intent to | ||||||
4 | perpetrate a fraud on the custodial
parent.
| ||||||
5 | With respect to assets which
are real property, no order | ||||||
6 | entered under this paragraph shall affect the
rights of bona | ||||||
7 | fide purchasers, mortgagees, judgment creditors, or other lien
| ||||||
8 | holders who acquire their interests in the property prior to | ||||||
9 | the time a notice
of lis pendens pursuant to the Code of Civil | ||||||
10 | Procedure or a copy of the order
is placed of record in the | ||||||
11 | office of the recorder of deeds for the county in
which the | ||||||
12 | real property is located.
| ||||||
13 | The court may also order in cases where the parent is 90 | ||||||
14 | days or more
delinquent in payment of support or has been | ||||||
15 | adjudicated in arrears in an
amount equal to 90 days obligation | ||||||
16 | or more, that the parent's Illinois driving
privileges be | ||||||
17 | suspended until the court
determines that the parent is in | ||||||
18 | compliance with the order of support.
The court may also order | ||||||
19 | that the parent be issued a family financial
responsibility | ||||||
20 | driving permit that would allow limited driving privileges for
| ||||||
21 | employment and medical purposes in accordance with Section | ||||||
22 | 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit | ||||||
23 | court shall certify the order
suspending the driving privileges | ||||||
24 | of the parent or granting the issuance of a
family financial | ||||||
25 | responsibility driving permit to the Secretary of State on
| ||||||
26 | forms prescribed by the Secretary. Upon receipt of the |
| |||||||
| |||||||
1 | authenticated
documents, the Secretary of State shall suspend | ||||||
2 | the parent's driving privileges
until further order of the | ||||||
3 | court and shall, if ordered by the court, subject to
the | ||||||
4 | provisions of Section 7-702.1 of the Illinois Vehicle Code, | ||||||
5 | issue a family
financial responsibility driving permit to the | ||||||
6 | parent.
| ||||||
7 | In addition to the penalties or punishment that may be | ||||||
8 | imposed under this
Section, any person whose conduct | ||||||
9 | constitutes a violation of Section 15 of the
Non-Support | ||||||
10 | Punishment Act may be prosecuted under that Act, and a person
| ||||||
11 | convicted under that Act may be sentenced in accordance with | ||||||
12 | that Act. The
sentence may include but need not be limited to a | ||||||
13 | requirement that the person
perform community service under | ||||||
14 | Section 50 of that Act or participate in a work
alternative | ||||||
15 | program under Section 50 of that Act. A person may not be | ||||||
16 | required
to participate in a work alternative program under | ||||||
17 | Section 50 of that Act if
the person is currently participating | ||||||
18 | in a work program pursuant to Section
505.1 of this Act.
| ||||||
19 | A support obligation, or any portion of a support | ||||||
20 | obligation, which becomes
due and remains unpaid as of the end | ||||||
21 | of each month, excluding the child support that was due for | ||||||
22 | that month to the extent that it was not paid in that month, | ||||||
23 | shall accrue simple interest as set forth in Section 12-109 of | ||||||
24 | the Code of Civil Procedure.
An order for support entered or | ||||||
25 | modified on or after January 1, 2006 shall
contain a statement | ||||||
26 | that a support obligation required under the order, or any
|
| |||||||
| |||||||
1 | portion of a support obligation required under the order, that | ||||||
2 | becomes due and
remains unpaid as of the end of each month, | ||||||
3 | excluding the child support that was due for that month to the | ||||||
4 | extent that it was not paid in that month, shall accrue simple | ||||||
5 | interest as set forth in Section 12-109 of the Code of Civil | ||||||
6 | Procedure. Failure to include the statement in the order for | ||||||
7 | support does
not affect the validity of the order or the | ||||||
8 | accrual of interest as provided in
this Section.
| ||||||
9 | (c) A one-time charge of 20% is imposable upon the amount | ||||||
10 | of
past-due child support owed on July 1, 1988 which has | ||||||
11 | accrued under a
support order entered by the court. The charge | ||||||
12 | shall be imposed in
accordance with the provisions of Section | ||||||
13 | 10-21 of the Illinois Public Aid
Code and shall be enforced by | ||||||
14 | the court upon petition.
| ||||||
15 | (d) Any new or existing support order entered by the court
| ||||||
16 | under this Section shall be deemed to be a series of judgments | ||||||
17 | against the
person obligated to pay support thereunder, each | ||||||
18 | such judgment to be in the
amount of each payment or | ||||||
19 | installment of support and each such judgment to
be deemed | ||||||
20 | entered as of the date the corresponding payment or installment
| ||||||
21 | becomes due under the terms of the support order. Each such | ||||||
22 | judgment shall
have the full force, effect and attributes of | ||||||
23 | any other judgment of this
State, including the ability to be | ||||||
24 | enforced.
Notwithstanding any other State or local law to the | ||||||
25 | contrary, a lien arises by operation of law against the real | ||||||
26 | and personal property of
the noncustodial parent for each |
| |||||||
| |||||||
1 | installment of overdue support owed by the
noncustodial parent.
| ||||||
2 | (d-5) The obligation to pay or the accrual of interest | ||||||
3 | arising under an order for child support shall be stayed upon | ||||||
4 | the incarceration of the obligor. An obligor is not required to | ||||||
5 | make child support payments, nor shall interest accrue on any | ||||||
6 | outstanding child support balance due from the date the obligor | ||||||
7 | is taken into custody until his or her release. | ||||||
8 | (d-10) The obligation to pay or the accrual of interest | ||||||
9 | arising under an order for child support shall be stayed, upon | ||||||
10 | the petition of the obligor, during long-term unemployment of | ||||||
11 | the obligor. An obligor is not required to make child support | ||||||
12 | payments, nor shall interest accrue on any outstanding child | ||||||
13 | support balance due from the date the obligor ceases employment | ||||||
14 | until he or she secures new employment. | ||||||
15 | (e) When child support is to be paid through the clerk of | ||||||
16 | the court in a
county of 1,000,000 inhabitants or less, the | ||||||
17 | order shall direct the obligor
to pay to the clerk, in addition | ||||||
18 | to the child support payments, all fees
imposed by the county | ||||||
19 | board under paragraph (3) of subsection (u) of
Section 27.1 of | ||||||
20 | the Clerks of Courts Act. Unless paid in cash or pursuant to
an | ||||||
21 | order for withholding, the payment of the fee shall be by a | ||||||
22 | separate
instrument from the support payment and shall be made | ||||||
23 | to the order of the
Clerk.
| ||||||
24 | (f) All orders for support, when entered or
modified, shall | ||||||
25 | include a provision requiring the obligor to notify
the court | ||||||
26 | and, in cases in which a party is receiving child and spouse
|
| |||||||
| |||||||
1 | services under Article X of the Illinois Public Aid Code, the
| ||||||
2 | Department of Healthcare and Family Services, within 7 days, | ||||||
3 | (i) of the name and address
of any new employer of the obligor, | ||||||
4 | (ii) whether the obligor has access to
health insurance | ||||||
5 | coverage through the employer or other group coverage and,
if | ||||||
6 | so, the policy name and number and the names of persons covered | ||||||
7 | under
the policy, and (iii) of any new residential or mailing | ||||||
8 | address or telephone
number of the non-custodial parent. In any | ||||||
9 | subsequent action to enforce a
support order, upon a sufficient | ||||||
10 | showing that a diligent effort has been made
to ascertain the | ||||||
11 | location of the non-custodial parent, service of process or
| ||||||
12 | provision of notice necessary in the case may be made at the | ||||||
13 | last known
address of the non-custodial parent in any manner | ||||||
14 | expressly provided by the
Code of Civil Procedure or this Act, | ||||||
15 | which service shall be sufficient for
purposes of due process.
| ||||||
16 | (g) An order for support shall include a date on which the | ||||||
17 | current
support obligation terminates. The termination date | ||||||
18 | shall be no earlier than
the date on which the child covered by | ||||||
19 | the order will attain the age of
18. However, if the child will | ||||||
20 | not graduate from high school until after
attaining the age of | ||||||
21 | 18, then the termination date shall be no earlier than the
| ||||||
22 | earlier of the date on which the child's high school graduation | ||||||
23 | will occur or
the date on which the child will attain the age | ||||||
24 | of 19. The order for support
shall state that the termination | ||||||
25 | date does not apply to any arrearage that may
remain unpaid on | ||||||
26 | that date. Nothing in this subsection shall be construed to
|
| |||||||
| |||||||
1 | prevent the court from modifying the order or terminating the | ||||||
2 | order in the
event the child is otherwise emancipated.
| ||||||
3 | (g-5) If there is an unpaid arrearage or delinquency (as | ||||||
4 | those terms are defined in the Income Withholding for Support | ||||||
5 | Act) equal to at least one month's support obligation on the | ||||||
6 | termination date stated in the order for support or, if there | ||||||
7 | is no termination date stated in the order, on the date the | ||||||
8 | child attains the age of majority or is otherwise emancipated, | ||||||
9 | the periodic amount required to be paid for current support of | ||||||
10 | that child immediately prior to that date shall automatically | ||||||
11 | continue to be an obligation, not as current support but as | ||||||
12 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
13 | delinquency. That periodic payment shall be in addition to any | ||||||
14 | periodic payment previously required for satisfaction of the | ||||||
15 | arrearage or delinquency. The total periodic amount to be paid | ||||||
16 | toward satisfaction of the arrearage or delinquency may be | ||||||
17 | enforced and collected by any method provided by law for | ||||||
18 | enforcement and collection of child support, including but not | ||||||
19 | limited to income withholding under the Income Withholding for | ||||||
20 | Support Act. Each order for support entered or modified on or | ||||||
21 | after the effective date of this amendatory Act of the 93rd | ||||||
22 | General Assembly must contain a statement notifying the parties | ||||||
23 | of the requirements of this subsection. Failure to include the | ||||||
24 | statement in the order for support does not affect the validity | ||||||
25 | of the order or the operation of the provisions of this | ||||||
26 | subsection with regard to the order. This subsection shall not |
| |||||||
| |||||||
1 | be construed to prevent or affect the establishment or | ||||||
2 | modification of an order for support of a minor child or the | ||||||
3 | establishment or modification of an order for support of a | ||||||
4 | non-minor child or educational expenses under Section 513 of | ||||||
5 | this Act.
| ||||||
6 | (h) An order entered under this Section shall include a | ||||||
7 | provision requiring
the obligor to report to the obligee and to | ||||||
8 | the clerk of court within 10 days
each time the obligor obtains | ||||||
9 | new employment, and each time the obligor's
employment is | ||||||
10 | terminated for any reason. The report shall be in writing and
| ||||||
11 | shall, in the case of new employment, include the name and | ||||||
12 | address of the new
employer. Failure to report new employment | ||||||
13 | or the termination of current
employment, if coupled with | ||||||
14 | nonpayment of support for a period in excess of 60
days, is | ||||||
15 | indirect criminal contempt. For any obligor arrested for | ||||||
16 | failure to
report new employment bond shall be set in the | ||||||
17 | amount of the child support that
should have been paid during | ||||||
18 | the period of unreported employment. An order
entered under | ||||||
19 | this Section shall also include a provision requiring the | ||||||
20 | obligor
and obligee parents to advise each other of a change in | ||||||
21 | residence within 5 days
of the change except when the court | ||||||
22 | finds that the physical, mental, or
emotional health of a party | ||||||
23 | or that of a child, or both, would be
seriously endangered by | ||||||
24 | disclosure of the party's address.
| ||||||
25 | (i) The court does not lose the powers of contempt, | ||||||
26 | driver's license
suspension, or other child support |
| |||||||
| |||||||
1 | enforcement mechanisms, including, but
not limited to, | ||||||
2 | criminal prosecution as set forth in this Act, upon the
| ||||||
3 | emancipation of the minor child or children.
| ||||||
4 | (Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11; | ||||||
5 | 97-608, eff. 1-1-12; 97-813, eff. 7-13-12; 97-878, eff. 8-2-12; | ||||||
6 | 97-941, eff. 1-1-13; 97-1029, eff. 1-1-13; revised 8-23-12.)
| ||||||
7 | Section 20. The Illinois Parentage Act of 1984 is amended | ||||||
8 | by adding Section 15.5 as follows: | ||||||
9 | (750 ILCS 45/15.5 new) | ||||||
10 | Sec. 15.5. Stay of obligation during incarceration or | ||||||
11 | long-term unemployment. | ||||||
12 | (a) The obligation to pay or the accrual of interest | ||||||
13 | arising under an order for child support shall be stayed upon | ||||||
14 | the incarceration of the obligor. An obligor is not required to | ||||||
15 | make child support payments, nor shall interest accrue on any | ||||||
16 | outstanding child support balance due from the date the obligor | ||||||
17 | is taken into custody until his or her release. | ||||||
18 | (b) The obligation to pay or the accrual of interest | ||||||
19 | arising under an order for child support shall be stayed, upon | ||||||
20 | petition of the obligor, during long-term unemployment of the | ||||||
21 | obligor. An obligor is not required to make child support | ||||||
22 | payments, nor shall interest accrue on any outstanding child | ||||||
23 | support balance due from the date the obligor ceases employment | ||||||
24 | until he or she secures new employment.
|