Public Act 90-0256 of the 90th General Assembly
Public Act 90-0256
SB1002 Enrolled LRB9001798RCks
AN ACT to amend the Counties Code by changing Section
3-6039.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 3-6039 as follows:
(55 ILCS 5/3-6039)
Sec. 3-6039. County juvenile impact incarceration
program.
(a) With the approval of the county board, the
Department of Probation and Court Services in any a county
with 3,000,000 or fewer inhabitants shall have the power to
operate a county juvenile impact incarceration program for
eligible delinquent minors. If the court finds that a minor
adjudicated a delinquent meets the eligibility requirements
of this Section, the court may in its dispositional order
approve the delinquent minor for placement in the county
juvenile impact incarceration program conditioned upon his or
her acceptance in the program by the Department of Probation
and Court Services. The dispositional order also shall
provide that if the Department of Probation and Court
Services accepts the delinquent minor in the program and
determines that the delinquent minor has successfully
completed the county juvenile impact incarceration program,
the delinquent minor's detention shall be reduced to time
considered served upon certification to the court by the
Department of Probation and Court Services that the
delinquent minor has successfully completed the program. If
the delinquent minor is not accepted for placement in the
county juvenile impact incarceration program or the
delinquent minor does not successfully complete the program,
his or her term of commitment shall be as set forth by the
court in its dispositional order. If the delinquent minor
does not successfully complete the program, time spent in the
program does not count as time served against the time limits
as set forth in subsection (f) of this Section.
(b) In order to be eligible to participate in the county
juvenile impact incarceration program, the delinquent minor
must meet all of the following requirements:
(1) The delinquent minor is at least 13 years of
age.
(2) The act for which the minor is adjudicated
delinquent does not constitute a Class X felony, criminal
sexual assault, first degree murder, aggravated
kidnapping, second degree murder, armed violence, arson,
forcible detention, aggravated criminal sexual abuse or a
subsequent conviction for criminal sexual abuse.
(3) The delinquent minor has not previously
participated in a county juvenile impact incarceration
program and has not previously served a prior commitment
for an act constituting a felony in a Department of
Corrections juvenile correctional facility. This
provision shall not exclude a delinquent minor who is
committed to the Illinois Department of Corrections and
is participating in the county juvenile impact
incarceration program under an intergovernmental
cooperation agreement with the Illinois Department of
Corrections, Juvenile Division.
(4) The delinquent minor is physically able to
participate in strenuous physical activities or labor.
(5) The delinquent minor does not have a mental
disorder or disability that would prevent participation
in the county juvenile impact incarceration program.
(6) The delinquent minor is recommended and
approved for placement in the county juvenile impact
incarceration program in the court's dispositional order.
The court and the Department of Probation and Court
Services may also consider, among other matters, whether the
delinquent minor has a history of escaping or absconding,
whether participation in the county juvenile impact
incarceration program may pose a risk to the safety or
security of any person, and whether space is available.
(c) The county juvenile impact incarceration program
shall include, among other matters, mandatory physical
training and labor, military formation and drills, regimented
activities, uniformity of dress and appearance, education and
counseling, including drug counseling if appropriate, and
must impart to the delinquent minor principles of honor,
integrity, self-sufficiency, self-discipline, self-respect,
and respect for others.
(d) Privileges of delinquent minors participating in the
county juvenile impact incarceration program, including
visitation, commissary, receipt and retention of property and
publications, and access to television, radio, and a library,
may be suspended or restricted, at the discretion of the
Department of Probation and Court Services.
(e) Delinquent minors participating in the county
juvenile impact incarceration program shall adhere to all
rules promulgated by the Department of Probation and Court
Services and all requirements of the program. Delinquent
minors shall be informed of rules of behavior and conduct.
Disciplinary procedures required by any other law or county
ordinance are not applicable.
(f) Participation in the county juvenile impact
incarceration program by a minor adjudicated delinquent for
an act constituting a misdemeanor shall be for a period of at
least 7 days but less than 120 days as determined by the
Department of Probation and Court Services. Participation in
the county juvenile impact incarceration program by a minor
adjudicated delinquent for an act constituting a felony shall
be for a period of 120 to 180 days as determined by the
Department of Probation and Court Services.
(g) A delinquent minor may be removed from the program
for a violation of the terms or conditions of the program or
if he or she is for any reason unable to participate. The
Department of Probation and Court Services shall promulgate
rules governing conduct that could result in removal from the
program or in a determination that the delinquent minor has
not successfully completed the program. Delinquent minors
shall have access to these rules. The rules shall provide
that the delinquent minor shall receive notice and have the
opportunity to appear before and address the Department of
Probation and Court Services or a person appointed by the
Department of Probation and Court Services for this purpose.
A delinquent minor may be transferred to any juvenile
facilities prior to the hearing.
(h) If the Department of Probation and Court Services
accepts the delinquent minor in the program and determines
that the delinquent minor has successfully completed the
county juvenile impact incarceration program, the court shall
discharge the minor from custody upon certification to the
court by the Department of Probation and Court Services that
the delinquent minor has successfully completed the program.
In the event the delinquent minor is not accepted for
placement in the county juvenile impact incarceration program
or the delinquent minor does not successfully complete the
program, his or her commitment to the Department of
Corrections, Juvenile Division, or juvenile detention shall
be as set forth by the court in its dispositional order.
(i) The Department of Probation and Court Services, with
the approval of the county board, shall have the power to
enter into intergovernmental cooperation agreements with the
Illinois Department of Corrections, Juvenile Division, under
which delinquent minors committed to the Illinois Department
of Corrections, Juvenile Division, may participate in the
county juvenile impact incarceration program. A delinquent
minor who successfully completes the county juvenile impact
incarceration program shall be discharged from custody upon
certification to the court by the Illinois Department of
Corrections, Juvenile Division, that the delinquent minor has
successfully completed the program.
(Source: P.A. 89-302, eff. 8-11-95; 89-626, eff. 8-9-96;
89-689, eff. 12-31-96.)