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2005 Illinois 55 ILCS 5/      Counties Code. Division 3-15 - County Department Of Corrections


      (55 ILCS 5/Div. 3‑15 heading)
Division 3‑15. County Department of Corrections

    (55 ILCS 5/3‑15001) (from Ch. 34, par. 3‑15001)
    Sec. 3‑15001. Subtitle. This Division shall be subtitled the County Department of Corrections Law.
(Source: P.A. 86‑962.)

    (55 ILCS 5/3‑15002) (from Ch. 34, par. 3‑15002)
    Sec. 3‑15002. Creation. In any county having more than 1,000,000 inhabitants, there is created within the office of the Sheriff a Department of Corrections, referred to in this Division as the "Department".
(Source: P.A. 86‑962; 87‑895.)

    (55 ILCS 5/3‑15003) (from Ch. 34, par. 3‑15003)
    Sec. 3‑15003. Powers and duties. Under the direction of the Sheriff the Department shall have the powers and duties enumerated as follows:
    (a) To operate and have jurisdiction over the county jail, municipal houses of correction within the county and any other penal, corrections or prisoner diagnostic center facility operated by either the county jail or municipal houses of correction.
    (b) To have charge of all prisoners held in any institution, center or other facility in the county over which it has jurisdiction under subsection (a) of this Section, whether they are misdemeanants, felons, persons held for trial, persons held in protective custody, persons held for transfer to other detention facilities or persons held for non‑payment of fines, for violations of ordinances or any other quasi‑criminal charges. Nothing in this Division applies to minors subject to proceedings under the Juvenile Court Act of 1987. It may transfer or recommit any prisoner from one institution, center or other such facility to any other institution, center or other facility whenever it determines that such transfer or recommitment would promote the welfare or rehabilitation of the prisoner, or that such transfer or recommitment is necessary to relieve overcrowding.
    (c) To establish diagnostic, classification and rehabilitation services and programs at the county jail and such other facilities over which it has jurisdiction under subsection (a) of this Section as may be appropriate.
    (d) To establish, whenever feasible, separate detention and commitment facilities and utilize the facilities over which it has jurisdiction under subsection (a) of this Section in a manner which provides separate detention and commitment facilities.
(Source: P.A. 86‑962.)

    (55 ILCS 5/3‑15003.5)
    Sec. 3‑15003.5. County impact incarceration program.
    (a) Under the direction of the Sheriff and with the approval of the County Board of Commissioners, the Sheriff in any county with more than 3,000,000 inhabitants, shall have the power to operate a county impact incarceration program for persons eligible for a term of imprisonment, but sentenced to a county impact incarceration program by the sentencing court. In order to be eligible to participate in a county impact incarceration program, a person convicted of a felony shall meet the requirements set forth in subsection (b) of Section 5‑8‑1.2 of the Unified Code of Corrections.
    (b) (Blank).
    (c) The Sheriff, with the approval of the County Board of Commissioners, shall have the power to enter into intergovernmental cooperation agreements with the Illinois Department of Corrections under which persons in the custody of the Illinois Department may participate in the county impact incarceration program. No person shall be eligible for participation who does not meet the criteria set forth in subsection (b) of Section 5‑8‑1.1 of the Unified Code of Corrections. Offenders committed to the Illinois Department of Corrections who successfully complete the county impact incarceration program shall have their sentence reduced to time considered served upon certification to the Court by the Illinois Department of Corrections that the offender has successfully completed the program.
(Source: P.A. 88‑469; 89‑587, eff. 7‑31‑96.)

    (55 ILCS 5/3‑15003.6)
    Sec. 3‑15003.6. Pregnant female prisoners. Notwithstanding any other statute, directive, or administrative regulation, when a pregnant female prisoner is brought to a hospital from a County Department of Corrections facility 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.)

    (55 ILCS 5/3‑15004) (from Ch. 34, par. 3‑15004)
    Sec. 3‑15004. Board. A Board of 5 members shall be appointed by the Sheriff with the advice and consent of the County Board to recommend the policy of the Department, and to establish rules for regulating the Board's organization and for the administration of this Division. The Board shall not have administrative or executive duties and shall not deal with specific procedural matters.
(Source: P.A. 86‑962.)

    (55 ILCS 5/3‑15005) (from Ch. 34, par. 3‑15005)
    Sec. 3‑15005. Appointment of members of board. The 5 members of the Board first appointed shall be appointed as follows: (a) Three qualified persons shall be appointed by the Sheriff; (b) and 2 qualified persons shall be nominated by the President of the County Board and appointed by the Sheriff.
    Pursuant to the provisions of this Division which were in effect immediately before October 1, 1977, the terms of the members of the Board then serving shall expire, one on January 1, 1978, one on January 1, 1979, one on January 1, 1980, one on January 1, 1981, and one on January 1, 1982.
    Any member may be reappointed. Subsequent appointments shall be for terms of 5 years from January 1 of the year of appointment. Each member shall hold office until the appointment and qualification of his successor. Successors to the members first appointed and their successors shall be appointed as follows: (a) the successor to the member first appointed by the Sheriff shall likewise be appointed by the Sheriff; (b) the successors to the members first nominated by the President of the County Board and appointed by the Sheriff shall likewise be nominated by the President of the County Board and appointed by the Sheriff; and (c) the successors to the members first nominated by the mayor of the largest city within the county and appointed by the Sheriff shall be appointed by the Sheriff.
(Source: P.A. 86‑962.)

    (55 ILCS 5/3‑15006) (from Ch. 34, par. 3‑15006)
    Sec. 3‑15006. Vacancies on board. Should vacancies occur during a term of appointment as provided for in Section 3‑15005, the Sheriff shall appoint a qualified person or persons for the balance of the unexpired term or terms. Such appointments to fill vacancies shall be subject to the advice and consent of the County Board.
(Source: P.A. 86‑962.)

    (55 ILCS 5/3‑15007) (from Ch. 34, par. 3‑15007)
    Sec. 3‑15007. Qualifications of board members. All persons appointed to the Board must have experience and knowledge in one or more of the following professions: law, medicine, social work, penology or corrections.
(Source: P.A. 86‑962.)

    (55 ILCS 5/3‑15008) (from Ch. 34, par. 3‑15008)
    Sec. 3‑15008. Compensation and expenses of board members. The compensation of members of the Board is determined by the County Board and the members are also reimbursed for their actual and necessary traveling and other expenses while engaged in the performance of their duties.
(Source: P.A. 86‑962.)

    (55 ILCS 5/3‑15009) (from Ch. 34, par. 3‑15009)
    Sec. 3‑15009. Initial meeting of board; election of chairman. As soon as practicable after the members are appointed and qualified, but before January 1, 1970, they shall meet at the call of the Sheriff to elect a chairman from their membership and to organize their operations. The chairman shall serve for one year from the date of his election and shall be eligible for re‑election.
(Source: P.A. 86‑962.)

    (55 ILCS 5/3‑15010) (from Ch. 34, par. 3‑15010)
    Sec. 3‑15010. Meetings of board; Quorum. The members must hold regular meetings and such other meetings as may be called by the chairman. Three members constitute a quorum for the transaction of business.
(Source: P.A. 86‑962.)

    (55 ILCS 5/3‑15011) (from Ch. 34, par. 3‑15011)
    Sec. 3‑15011. Secretary. The Board shall appoint a Secretary to keep a record of the proceedings of the members and to perform other duties as prescribed by the members. The Secretary's compensation is determined by the County Board.
(Source: P.A. 86‑962.)

    (55 ILCS 5/3‑15012) (from Ch. 34, par. 3‑15012)
    Sec. 3‑15012. Director. The Sheriff shall appoint a Director to act as the chief executive and administrative officer of the Department. The Director shall be appointed by the Sheriff from a list of 3 persons nominated by the members of the Board. He or she shall serve at the pleasure of the Sheriff. If the Director is removed, the Board shall nominate 3 persons, one of whom shall be selected by the Sheriff to serve as Director. The Director's compensation is determined by the County Board.
(Source: P.A. 90‑447, eff. 8‑16‑97; 90‑511, eff. 8‑22‑97.)

    (55 ILCS 5/3‑15013) (from Ch. 34, par. 3‑15013)
    Sec. 3‑15013. Employees. The number of employees of the Department shall be fixed by order of the judges of the circuit court of the county. The compensation of such employees shall be such as authorized by the County Board. All employees are subject to "An Act in relation to County Police Departments in certain counties, creating a County Police Department Merit Board and defining its powers and duties", approved August 5, 1963, as now or hereafter amended (repealed).
(Source: P.A. 86‑962.)

    (55 ILCS 5/3‑15014) (from Ch. 34, par. 3‑15014)
    Sec. 3‑15014. Annual budget recommendations. The members of the Board shall recommend an annual budget to the Sheriff.
(Source: P.A. 86‑962.)

    (55 ILCS 5/3‑15015) (from Ch. 34, par. 3‑15015)
    Sec. 3‑15015. Appropriations. The County Board must appropriate and provide funds for the necessary ordinary and contingent cost incurred by the office of the Sheriff in the performance of its powers, duties and functions under this Division.
(Source: P.A. 86‑962.)

    (55 ILCS 5/3‑15016) (from Ch. 34, par. 3‑15016)
    Sec. 3‑15016. Liability for expenses. The County Board may require convicted persons confined in a facility of the Department to reimburse the county for the expenses incurred by their confinement to the extent of their ability to pay for such expenses. The State's attorney of the county in which the facility is located, if authorized by the County Board, may institute civil actions to recover from such convicted confined persons the expenses incurred by their confinement. Such expenses recovered shall be paid into the county treasury.
    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.
    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 arrest; 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 arrest.
(Source: P.A. 86‑962; 86‑1028.)

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