(730 ILCS 125/0.01)(from Ch. 75, par. 100) Sec. 0.01. Short title. This Act may be cited as the
County Jail Act. (Source: P.A. 86‑1324.)
(730 ILCS 125/1)(from Ch. 75, par. 101) Sec. 1. There shall be kept and maintained in good and sufficient condition
and repair, one or more jail facilities for the use of each county within
this State. However, this requirement may be satisfied by a single jail
facility jointly maintained and used by 2 or more counties. It shall be
unlawful to build a jail within 200 feet of any building used exclusively
for school purposes. (Source: P.A. 83‑1073.)
(730 ILCS 125/2)(from Ch. 75, par. 102) Sec. 2. The Sheriff of each county in this State shall be the warden
of the jail of the county, and have the custody of all prisoners in the
jail, except when otherwise provided in the "County Department of Corrections Act". (Source: P.A. 83‑1073.)
(730 ILCS 125/2.1)(from Ch. 75, par. 102.1) Sec. 2.1. New jail. The sheriff of each county in this State shall be
the warden of any new jail facility constructed or otherwise acquired in
the county and shall have the custody of all prisoners in that facility,
except when otherwise provided in Division 3‑15 of the Counties Code. (Source: P.A. 87‑645.)
(730 ILCS 125/3)(from Ch. 75, par. 103) Sec. 3. The Sheriff may appoint a superintendent of the jail, and remove
him at his pleasure, for whose conduct and training, he shall be responsible.
The Sheriff shall also be responsible for the hiring and training of all
personnel necessary to operate and maintain the jail. (Source: P.A. 83‑1073.)
(730 ILCS 125/4)(from Ch. 75, par. 104) Sec. 4. The Warden of the jail shall receive and confine in such jail,
until discharged by due course of law, all persons committed to such jail
by any competent authority. When there is no county jail facility operating in a county, arresting
agencies shall be responsible for delivering persons arrested to an
adjoining county jail facility, if the adjoining county has entered into a
written agreement with the committing county allowing for the maintenance
of prisoners in the adjoining county. (Source: P.A. 86‑570.)
(730 ILCS 125/5)(from Ch. 75, par. 105) Sec. 5. Costs of maintaining prisoners. (a) Except as provided in subsection (b), all costs of maintaining persons
committed for violations of Illinois law, shall be the responsibility of the
county. Except as provided in subsection (b), all costs of maintaining
persons committed under any ordinance or resolution of a unit of local
government, including medical costs, is the responsibility of the unit of local
government enacting the ordinance or resolution, and arresting the person.
(b) If a person who has been convicted of a felony and has violated
mandatory supervised release for that felony is incarcerated in a county jail
pending the resolution of the violation of mandatory supervised release, the
Illinois Department of Corrections shall pay the county in which that jail is
located one‑half of the cost of incarceration, as calculated by the Governor's Office of Management and Budget and the county's chief financial officer, for each day
that the person remains in the county jail. Calculation of the per diem cost
shall be agreed upon prior to the passage of the annual State budget.
(Source: P.A. 94‑678, eff. 1‑1‑06.)
(730 ILCS 125/6)(from Ch. 75, par. 106) Sec. 6. The warden of the jail shall keep an exact permanent calendar
of all persons committed to jail, registering the name, place of abode,
time, cause and authority of their commitment, and the time and manner of
their discharge. (Source: P.A. 83‑1073.)
(730 ILCS 125/7)(from Ch. 75, par. 107) Sec. 7. On the first day of each month, the warden of the jail of the
county shall prepare a list of all prisoners in his custody, specifying
the causes for which and the persons by whom they were committed, and make
available to the court his calendar of prisoners. (Source: P.A. 83‑1073.)
(730 ILCS 125/8)(from Ch. 75, par. 108) Sec. 8. The Sheriff may be imprisoned in the jail of his county, and
for the time he is so imprisoned, the coroner shall be warden of the jail,
and perform all the duties of the sheriff in regard thereto, and shall,
by himself and his sureties, be answerable for the faithful discharge of
his duties as such warden. (Source: P.A. 83‑1073.)
(730 ILCS 125/9)(from Ch. 75, par. 109) Sec. 9. When there is no jail or other penal institution in a county,
or the jail or other penal institution of the county is insufficient, the
sheriff may commit any person in his custody, either on civil or criminal
process, to the nearest sufficient jail of another county, and the warden
of the jail of such county shall receive and confine such prisoner, until
removed by order of the court having jurisdiction of the offense, or discharged
by due course of law. (Source: P.A. 83‑1073.)
(730 ILCS 125/10)(from Ch. 75, par. 110) Sec. 10. Whenever a prisoner is committed to the jail of one county
for a criminal offense committed or charged to have been committed in another,
or is transferred to another county for safe keeping or trial, the county in which
the crime was committed, or charged to have been committed, shall pay the
expenses of the keeping of such prisoner. In civil suits, the plaintiff
or defendant shall pay the expenses, in the same manner as if the imprisonment
had taken place in the same county where the suit was commenced. (Source: P.A. 83‑1073.)
(730 ILCS 125/11)(from Ch. 75, par. 111) Sec. 11. Debtors and witnesses shall not be confined in the same room
with other prisoners; male and female prisoners shall not be kept in the
same room; minors shall be kept separate from those previously convicted
of a felony or other infamous crime; and persons charged with an offense
shall not be confined in the same cell as those convicted of a crime. The
confinement of those persons convicted of a misdemeanor or felony shall be in
accordance with a classification system developed and implemented by the local
jail authority. (Source: P.A. 87‑899.)
(730 ILCS 125/12)(from Ch. 75, par. 112) Sec. 12. Whenever the Warden of the jail of any county deems such jail
insufficient to secure the prisoners confined therein, he shall give notice
thereof to the county board. (Source: P.A. 83‑1073.)
(730 ILCS 125/13)(from Ch. 75, par. 113) Sec. 13. Whenever the Warden of any jail shall have in his custody
any person charged with a capital offense or other high crime, and there
is no jail in his county, or the jail is insufficient, he may, with the
advice of the judge of the circuit court of such county, employ a sufficient
guard, not exceeding 3 persons, for the guarding and safe keeping of such
prisoner in his own county. The expense of such guard shall be audited
and paid as other county expenses. (Source: P.A. 83‑1073.)
(730 ILCS 125/14)(from Ch. 75, par. 114) Sec. 14. At any time, in the opinion of the Warden, the lives or health
of the prisoners are endangered, to such a degree as to render their removal
necessary, the Warden may cause the prisoners to be removed to some suitable
place within the county, or to the jail of some convenient county, where
they may be confined until they can be safely returned to the place whence
they were removed. No prisoner charged with a felony shall be removed by
the warden to a Mental Health or Developmental Disabilities facility as
defined in the Mental Health and Developmental Disabilities Code, except as
specifically authorized by Article 104 of the Code of Criminal Procedure of
1963, or the Mental Health and Developmental Disabilities Code. Any place
to which the prisoners are so removed shall,
during their imprisonment there, be deemed, as to such prisoners, a prison
of the county in which they were originally confined; but, they shall be
under the care, government and direction of the Warden of the jail of the
county in which they are confined. (Source: P.A. 83‑1073.)
(730 ILCS 125/15)(from Ch. 75, par. 115) Sec. 15. The Warden of the jail shall furnish each prisoner daily with
as much clean water as may be necessary for drink and personal cleanliness,
and serve him three times a day with wholesome food, well cooked and in
sufficient quantity. The Warden of the jail in counties of the first and
second class shall procure at the expense of the county, all necessary foods and
provisions for the support of the prisoners confined in the jail, and shall
employ suitable persons to prepare and serve the food for the prisoners,
or otherwise provide suitable food service. (Source: P.A. 83‑1073.)
(730 ILCS 125/16)(from Ch. 75, par. 116) Sec. 16. The Warden of the jail or other person shall not permit any
prisoner to send for or have any alcoholic beverages or controlled substances
except when prescribed by a physician as medicine. (Source: P.A. 83‑1073.)
(730 ILCS 125/17)(from Ch. 75, par. 117) Sec. 17. Bedding, clothing, fuel, and medical aid; reimbursement for medical
or hospital expenses. The Warden of the jail shall furnish necessary bedding,
clothing,
fuel and medical aid for all prisoners under his charge, and keep an accurate
account of the same. When medical or hospital services are required by any
person held
in custody, the county, private hospital,
physician or any public agency
which provides such services shall be entitled to obtain reimbursement from
the county or from the Arrestee's Medical Costs Fund to the extent that moneys
in the Fund are available for the cost of such services. The county board of a
county may
adopt an ordinance or resolution providing for reimbursement for the cost of
those services at the Department of Healthcare and Family Services' rates for medical
assistance.
To the extent that such person
is reasonably able to pay for such care, including reimbursement from any
insurance program or from other medical benefit programs available to such
person, he or she shall reimburse the county or arresting authority.
If such person
has already
been determined eligible for medical assistance under the Illinois Public
Aid Code at the time the person is initially detained pending trial,
the
cost of such services, to the extent such cost exceeds $500, shall be
reimbursed by the Department of Healthcare and Family Services under that Code. A reimbursement
under any public or private program authorized by this Section shall be
paid to the county or arresting authority to the
same extent as would have been obtained had the services been rendered in
a non‑custodial environment. An arresting authority shall be responsible for any incurred medical
expenses relating to the arrestee until such time as the arrestee is placed
in the custody of the sheriff. However, the arresting authority shall not
be so responsible if the arrest was made pursuant to a request by the sheriff.
When medical or hospital services are required by any person held in custody,
the county or arresting authority shall be entitled to obtain reimbursement
from the
Arrestee's
Medical Costs Fund to the extent moneys are available from the Fund. To the
extent that the person is reasonably able to pay
for that care, including reimbursement from any insurance program or from other
medical benefit programs available to the person, he or she shall reimburse the
county. The county shall be entitled to a $10 fee for each conviction or order of
supervision for a criminal violation, other than a petty offense or business
offense. The fee shall be taxed as costs to be
collected from the defendant, if possible, upon conviction or entry of an order
of supervision. The fee shall not be considered a part of the fine for
purposes of any reduction in the fine. All such fees collected shall be deposited by the county in a fund to be
established and known as the Arrestee's Medical Costs Fund. Moneys in the Fund
shall be used solely for reimbursement of costs for medical expenses relating
to the arrestee while he or she is in the custody of the sheriff and administration of the Fund. For the purposes of this Section, "arresting authority" means a unit of
local government, other than a county, which employs peace officers and
whose peace officers have made the arrest of a person. For the purposes
of this Section, "medical expenses relating to the
arrestee" means only those expenses incurred for medical care or treatment
provided to an arrestee on account of an injury suffered by the arrestee
during the course of his or her arrest unless such injury is self‑inflicted; the term does not include any expenses
incurred for medical care or treatment provided to an arrestee on account
of a health condition of the arrestee which existed prior to the time of his
or her arrest. (Source: P.A. 94‑494, eff. 8‑8‑05; 94‑962, eff. 1‑1‑07.)
(730 ILCS 125/17.5) Sec. 17.5. Pregnant female prisoners. Notwithstanding any other
statute,
directive, or administrative
regulation, when a pregnant female prisoner is brought to a hospital
from a county jail
for the purpose of delivering her baby, no handcuffs,
shackles, or restraints of any kind may be used during her transport to a
medical facility for the purpose of delivering her baby. Under no
circumstances may leg irons or shackles or waist shackles be used on any
pregnant female prisoner who is in labor. Upon the pregnant female
prisoner's entry to the hospital
delivery room, a county correctional officer must be posted immediately outside
the
delivery room. The Sheriff must provide for adequate personnel to monitor
the pregnant female prisoner during her transport to and from the
hospital and during her
stay at the hospital. (Source: P.A. 91‑253, eff. 1‑1‑00.)
(730 ILCS 125/17.10) Sec. 17.10. Requirements in connection with HIV/AIDS. (a) In each county other than Cook, during the medical admissions exam, the warden of the jail, a correctional officer at the jail, or a member of the jail medical staff must provide the prisoner with appropriate written information concerning human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS). The Department of Public Health and community‑based organizations certified to provide HIV/AIDS testing must provide these informational materials to the warden at no cost to the county. The warden, a correctional officer, or a member of the jail medical staff must inform the prisoner of the option of being tested for infection with HIV by a certified local community‑based agency or other available medical provider at no charge to the prisoner. (b) In Cook County, during the medical admissions exam, an employee of the Cook County Bureau of Health Services must provide the prisoner with appropriate written information concerning human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) and must also provide the prisoner with option of testing for infection with HIV or any other identified causative agent of AIDS, as well as counseling in connection with such testing. The Department of Public Health and community‑based organizations certified to provide HIV/AIDS testing must provide these informational materials to the Bureau at no cost to the county. The
testing provided under this subsection (b) shall be conducted by the Cook County Bureau of Health Services and shall consist of an enzyme‑linked
immunosorbent assay (ELISA) test or any other test approved by
the Department of Public Health. If the test result is positive,
the Western Blot Assay or more reliable confirmatory test shall be
administered. (c) In each county, the warden of the jail must make appropriate written information concerning HIV/AIDS available to every visitor to the jail. This information must include information concerning persons or entities to contact for local counseling and testing. The Department of Public Health and community‑based organizations certified to provide HIV/AIDS testing must provide these informational materials to the warden at no cost to the office of the county sheriff. (d) Implementation of this Section is subject to appropriation. (Source: P.A. 94‑629, eff. 1‑1‑06.)
(730 ILCS 125/18)(from Ch. 75, par. 118) Sec. 18. The Warden shall keep and maintain the jail in a clean and
healthful condition. (Source: P.A. 83‑1073.)
(730 ILCS 125/19)(from Ch. 75, par. 119) Sec. 19. The Warden of the jail shall see that strict attention is
constantly paid to the personal cleanliness of all prisoners confined in the jail. (Source: P.A. 83‑1073.)
(730 ILCS 125/19.5) Sec. 19.5. Release of prisoners to law enforcement personnel or State's
Attorney. The sheriff may adopt and implement a written policy that provides
for the release of a person who is in the custody of the sheriff for any
criminal
or supposed criminal matter to sworn law enforcement personnel or to the
State's
Attorney for the purpose of furthering investigations into criminal matters
that are unrelated to the criminal matter for which the person is held in
custody. The written policy must, at a minimum, require that there be a
written request, signed by an authorized agent of the law enforcement agency or
State's Attorney office, to take custody of the prisoner and that the written
request shall include the name of the individual authorized to take custody of
the prisoner, the purpose and scope of the criminal matter under investigation,
and a statement of the fact that the individual taking custody and agency they
are employed by understand the limitation of the sheriff's liability as
described in this Act. Upon the release of a person to law enforcement
personnel or the State's Attorney under written policy of the sheriff, the
sheriff shall not be liable for any injury of any kind, including but not
limited to death, to either the person released or to any third party that
occurs during the time period that the person is in custody of other law
enforcement personnel or the State's Attorney unless the sheriff or a deputy
sheriff, correctional guard, lockup keeper, or county employee is guilty of
willful and wanton conduct that proximately caused the injury. (Source: P.A. 92‑304, eff. 8‑9‑01.)
(730 ILCS 125/20)(from Ch. 75, par. 120) Sec. 20. Cost and expense; commissary fund. (a) The cost and expense of keeping, maintaining and furnishing
the jail of each county, and of keeping and maintaining the prisoner thereof,
except as otherwise provided by law, shall be paid from the county treasury,
the account therefor being first settled and allowed by the county board. The county board may require convicted persons confined in its jail to
reimburse the county for the expenses incurred by their incarceration to
the extent of their ability to pay for such expenses. The warden of the jail
shall establish by regulation criteria for a reasonable deduction from money
credited to any account of an inmate to defray the costs to the county for an
inmate's medical care. The State's Attorney
of the county in which such jail is located may, if requested by the County
Board, institute civil actions in the circuit court of the county in which
the jail is located to recover from such convicted confined persons the
expenses incurred by their confinement. The funds recovered shall
be paid
into the county treasury. (b) When a prisoner is released from the county jail after the completion
of his or her sentence and has money credited to his or her account in the
commissary fund, the sheriff or a person acting on the authority of the sheriff
must mail a check in the amount credited to the prisoner's account to the
prisoner's last known address. If after 30 days from the date of mailing of
the
check, the check is returned undelivered, the sheriff must transmit the amount
of the check to the
county treasurer for deposit into the commissary fund. Nothing in this
subsection (b) constitutes a forfeiture of the prisoner's right to claim the
money accredited to his or her account after the 30‑day period. (Source: P.A. 91‑288, eff. 1‑1‑00.)
(730 ILCS 125/21)(from Ch. 75, par. 121) Sec. 21. Whenever a prisoner is committed to the jail of one county
for a criminal offense committed or charged to have been committed in another,
or is transferred to another county for safekeeping or trial, the county
in which the crime was committed, or charged to have been committed, shall
pay the expenses of the keeping of such prisoner. In civil suits, the plaintiff
or defendant shall pay the expenses, in the same manner as if the imprisonment
had taken place in the same county where the suit was commenced. The County Board of the county in which the crime was committed, may require
convicted prisoners transferred from such county to reimburse the county
for the expenses incurred by their incarceration to the extent of their
ability to pay for such expenses. The State's Attorney of the county which
incurred the expenses, if authorized by the County Board, may institute
civil actions in the circuit court of such county to recover from such convicted
confined persons the expenses incurred by their confinement. Such expenses
recovered shall be paid into the county treasury. (Source: P.A. 83‑1073.)
(730 ILCS 125/22)(from Ch. 75, par. 122) Sec. 22. It shall be the duty of the grand jury, or a committee of
not less than three of its members, at least once every twelve months, to
visit the jail and examine its condition and the treatment of the prisoners,
and make report thereof to the court and particularly whether any of the
provisions of this
Act have been violated or neglected, and the causes of such violation or
neglect. In counties where twelve months have passed since the last grand
jury term, the chief judge of the Circuit Court shall appoint a committee
of citizens to visit the jail, examine its condition and treatment of prisoners
and make a report. (Source: P.A. 83‑1073.)
(730 ILCS 125/23)(from Ch. 75, par. 123) Sec. 23. The circuit courts of the respective counties shall see that
the grand jury or committee of citizens performs the duty imposed upon it
by the preceding section, and the report being made, a copy thereof shall
be transmitted by the clerk of the court to the county clerk, who shall
lay the same before the county board at its next meeting. (Source: P.A. 83‑1073.)
(730 ILCS 125/25)(from Ch. 75, par. 125) Sec. 25. Any Sheriff or superintendent of the jail who shall fail or
refuse to comply with the provisions of this Act shall be guilty of a petty offense
and fined not exceeding $100. (Source: P.A. 83‑1073.)
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