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90_SB1002enr
55 ILCS 5/3-6039
Amends the Counties Code. Permits the Department of
Probation and Court Services to operate a county juvenile
impact incarceration program in counties over 3,000,000
inhabitants (now the program may only be operated in counties
with 3,000,000 or fewer inhabitants).
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1 AN ACT to amend the Counties Code by changing Section
2 3-6039.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 3-6039 as follows:
7 (55 ILCS 5/3-6039)
8 Sec. 3-6039. County juvenile impact incarceration
9 program.
10 (a) With the approval of the county board, the
11 Department of Probation and Court Services in any a county
12 with 3,000,000 or fewer inhabitants shall have the power to
13 operate a county juvenile impact incarceration program for
14 eligible delinquent minors. If the court finds that a minor
15 adjudicated a delinquent meets the eligibility requirements
16 of this Section, the court may in its dispositional order
17 approve the delinquent minor for placement in the county
18 juvenile impact incarceration program conditioned upon his or
19 her acceptance in the program by the Department of Probation
20 and Court Services. The dispositional order also shall
21 provide that if the Department of Probation and Court
22 Services accepts the delinquent minor in the program and
23 determines that the delinquent minor has successfully
24 completed the county juvenile impact incarceration program,
25 the delinquent minor's detention shall be reduced to time
26 considered served upon certification to the court by the
27 Department of Probation and Court Services that the
28 delinquent minor has successfully completed the program. If
29 the delinquent minor is not accepted for placement in the
30 county juvenile impact incarceration program or the
31 delinquent minor does not successfully complete the program,
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1 his or her term of commitment shall be as set forth by the
2 court in its dispositional order. If the delinquent minor
3 does not successfully complete the program, time spent in the
4 program does not count as time served against the time limits
5 as set forth in subsection (f) of this Section.
6 (b) In order to be eligible to participate in the county
7 juvenile impact incarceration program, the delinquent minor
8 must meet all of the following requirements:
9 (1) The delinquent minor is at least 13 years of
10 age.
11 (2) The act for which the minor is adjudicated
12 delinquent does not constitute a Class X felony, criminal
13 sexual assault, first degree murder, aggravated
14 kidnapping, second degree murder, armed violence, arson,
15 forcible detention, aggravated criminal sexual abuse or a
16 subsequent conviction for criminal sexual abuse.
17 (3) The delinquent minor has not previously
18 participated in a county juvenile impact incarceration
19 program and has not previously served a prior commitment
20 for an act constituting a felony in a Department of
21 Corrections juvenile correctional facility. This
22 provision shall not exclude a delinquent minor who is
23 committed to the Illinois Department of Corrections and
24 is participating in the county juvenile impact
25 incarceration program under an intergovernmental
26 cooperation agreement with the Illinois Department of
27 Corrections, Juvenile Division.
28 (4) The delinquent minor is physically able to
29 participate in strenuous physical activities or labor.
30 (5) The delinquent minor does not have a mental
31 disorder or disability that would prevent participation
32 in the county juvenile impact incarceration program.
33 (6) The delinquent minor is recommended and
34 approved for placement in the county juvenile impact
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1 incarceration program in the court's dispositional order.
2 The court and the Department of Probation and Court
3 Services may also consider, among other matters, whether the
4 delinquent minor has a history of escaping or absconding,
5 whether participation in the county juvenile impact
6 incarceration program may pose a risk to the safety or
7 security of any person, and whether space is available.
8 (c) The county juvenile impact incarceration program
9 shall include, among other matters, mandatory physical
10 training and labor, military formation and drills, regimented
11 activities, uniformity of dress and appearance, education and
12 counseling, including drug counseling if appropriate, and
13 must impart to the delinquent minor principles of honor,
14 integrity, self-sufficiency, self-discipline, self-respect,
15 and respect for others.
16 (d) Privileges of delinquent minors participating in the
17 county juvenile impact incarceration program, including
18 visitation, commissary, receipt and retention of property and
19 publications, and access to television, radio, and a library,
20 may be suspended or restricted, at the discretion of the
21 Department of Probation and Court Services.
22 (e) Delinquent minors participating in the county
23 juvenile impact incarceration program shall adhere to all
24 rules promulgated by the Department of Probation and Court
25 Services and all requirements of the program. Delinquent
26 minors shall be informed of rules of behavior and conduct.
27 Disciplinary procedures required by any other law or county
28 ordinance are not applicable.
29 (f) Participation in the county juvenile impact
30 incarceration program by a minor adjudicated delinquent for
31 an act constituting a misdemeanor shall be for a period of at
32 least 7 days but less than 120 days as determined by the
33 Department of Probation and Court Services. Participation in
34 the county juvenile impact incarceration program by a minor
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1 adjudicated delinquent for an act constituting a felony shall
2 be for a period of 120 to 180 days as determined by the
3 Department of Probation and Court Services.
4 (g) A delinquent minor may be removed from the program
5 for a violation of the terms or conditions of the program or
6 if he or she is for any reason unable to participate. The
7 Department of Probation and Court Services shall promulgate
8 rules governing conduct that could result in removal from the
9 program or in a determination that the delinquent minor has
10 not successfully completed the program. Delinquent minors
11 shall have access to these rules. The rules shall provide
12 that the delinquent minor shall receive notice and have the
13 opportunity to appear before and address the Department of
14 Probation and Court Services or a person appointed by the
15 Department of Probation and Court Services for this purpose.
16 A delinquent minor may be transferred to any juvenile
17 facilities prior to the hearing.
18 (h) If the Department of Probation and Court Services
19 accepts the delinquent minor in the program and determines
20 that the delinquent minor has successfully completed the
21 county juvenile impact incarceration program, the court shall
22 discharge the minor from custody upon certification to the
23 court by the Department of Probation and Court Services that
24 the delinquent minor has successfully completed the program.
25 In the event the delinquent minor is not accepted for
26 placement in the county juvenile impact incarceration program
27 or the delinquent minor does not successfully complete the
28 program, his or her commitment to the Department of
29 Corrections, Juvenile Division, or juvenile detention shall
30 be as set forth by the court in its dispositional order.
31 (i) The Department of Probation and Court Services, with
32 the approval of the county board, shall have the power to
33 enter into intergovernmental cooperation agreements with the
34 Illinois Department of Corrections, Juvenile Division, under
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1 which delinquent minors committed to the Illinois Department
2 of Corrections, Juvenile Division, may participate in the
3 county juvenile impact incarceration program. A delinquent
4 minor who successfully completes the county juvenile impact
5 incarceration program shall be discharged from custody upon
6 certification to the court by the Illinois Department of
7 Corrections, Juvenile Division, that the delinquent minor has
8 successfully completed the program.
9 (Source: P.A. 89-302, eff. 8-11-95; 89-626, eff. 8-9-96;
10 89-689, eff. 12-31-96.)