(55 ILCS 5/Div. 3-6 heading)
Division 3-6.
Sheriff
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(55 ILCS 5/3-6001) (from Ch. 34, par. 3-6001)
Sec. 3-6001.
Commission.
Every sheriff shall be commissioned by the
Governor; but no commission shall issue except upon the certificate of the
county clerk of the proper county, of the due election or appointment of
such sheriff, and that he or she has filed his or her bond and taken the
oath of office, as hereinafter provided.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6001.5)
Sec. 3-6001.5. Sheriff qualifications. On or after the effective date of this amendatory Act of the 98th General Assembly,
except as otherwise provided in this Section, a person is not eligible to be elected or
appointed to the office of sheriff, unless that person meets all of the
following requirements:
(1) Is a United States citizen.
(2) Has been a resident of the county for at least
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(3) Is not a convicted felon.
(Source: P.A. 98-115, eff. 7-29-13.)
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(55 ILCS 5/3-6002) (from Ch. 34, par. 3-6002)
Sec. 3-6002.
Commencement of duties.
The sheriff shall enter upon
the duties of his or her office on the first day in the month of December
following his or her election on which the office of the sheriff is
required, by statute or by action of the county board, to be open.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6003) (from Ch. 34, par. 3-6003)
Sec. 3-6003.
Bond.
Before entering upon the duties of his or her office, he
or she shall give bond, with 2 or more sufficient sureties (or, if the county
is self-insured, the county through its self-insurance program may provide
bonding), to be approved by the circuit court for his or her county, in the
penal sum of $10,000 (except that the bond of the sheriff of Cook County shall
be in the penal sum of $100,000), payable to the people of the State of
Illinois, conditioned that he or she will faithfully discharge all the duties
required, or to be required of him or her by law, as such sheriff; which bond
shall be filed in the circuit court, and a copy thereof also filed in the
office of the county clerk of his or her county.
(Source: P.A. 88-387.)
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(55 ILCS 5/3-6004) (from Ch. 34, par. 3-6004)
Sec. 3-6004.
Oath.
He or she shall also, before entering upon the
duties of his or her office, take and subscribe the oath or affirmation
prescribed by Section 3 of Article XIII of the Constitution, which shall be
filed in the office of the county clerk of his or her county.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6005) (from Ch. 34, par. 3-6005)
Sec. 3-6005.
Failure to give bond or take oath; vacancy.
If any
person elected or appointed to the office of sheriff, of any county, shall
fail to give bond or take the oath required of him or her, within
30 days
after he or she is appointed or declared elected, the office shall be deemed
vacant.
(Source: P.A. 91-76, eff. 1-1-00.)
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(55 ILCS 5/3-6006) (from Ch. 34, par. 3-6006)
Sec. 3-6006.
Copy of bond as evidence.
Copies of such bonds,
certified by the county clerk, or of the record thereof, certified by the
clerk of the circuit court, shall be received as evidence.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6007) (from Ch. 34, par. 3-6007)
Sec. 3-6007.
Training.
Each sheriff shall obtain at least 20 hours of
training, approved by the Illinois Law Enforcement Training Standards Board,
relating to law enforcement and the operation of a sheriff's office each year.
Reasonable expenses incurred by the sheriff in obtaining such training shall be
reimbursed by the county upon presentation by the sheriff to the county board
of a certificate of completion from the person or entity conducting such
training.
(Source: P.A. 88-586, eff. 8-12-94.)
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(55 ILCS 5/3-6008) (from Ch. 34, par. 3-6008)
Sec. 3-6008.
Deputies.
Each sheriff may appoint one or
more deputies, not exceeding the number allowed by the county board of his
or her county. No person who has ever been classified as a conscientious
objector by a local selective service draft board may be appointed as a
deputy sheriff.
(Source: P.A. 86-962; 87-738.)
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(55 ILCS 5/3-6009) (from Ch. 34, par. 3-6009)
Sec. 3-6009.
Appointment in writing.
Such appointment shall be in
writing, signed by the sheriff.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6010) (from Ch. 34, par. 3-6010)
Sec. 3-6010.
Oath of deputy.
Each deputy shall, before entering upon
the duties of his or her office, take and subscribe an oath or affirmation,
in like form as is required of sheriffs, which shall be filed in the office
of the county clerk.
A sheriff, in addition to any other person authorized by law, may
administer the oath of office required of a deputy sheriff.
(Source: P.A. 89-391, eff. 1-1-96.)
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(55 ILCS 5/3-6011) (from Ch. 34, par. 3-6011)
Sec. 3-6011.
Special deputies.
A sheriff may appoint a special deputy
to serve any summons issued out of a court, by indorsement thereon,
substantially as follows: "I hereby appoint .... my special deputy, to
serve the within process," which shall be dated and signed by the sheriff.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6012) (from Ch. 34, par. 3-6012)
Sec. 3-6012.
Auxiliary deputies.
The sheriff of any county in Illinois
may, with the advice and consent of the county board appoint auxiliary
deputies in such number as the county board shall from time to time deem
necessary. However, such number of appointed auxiliary deputies shall not
increase after January 1, 1982 if vacancies exist within the certified
ranks of the department. Such auxiliary deputies shall not be regular
appointed deputies pursuant to Section 3-6008, nor shall they be
members of a county police department established pursuant to Divisions 3-7
and 3-8.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6012.1)
Sec. 3-6012.1.
Court security officers.
The sheriff of any county in
Illinois with
less than 3,000,000 inhabitants may hire court security officers in such
number as the county
board shall from time to time deem necessary. Court security officers may be
designated by the Sheriff to attend courts and perform the functions set forth
in
3-6023. Court security officers shall have the authority to arrest; however,
such arrest powers shall be limited to performance of their official duties as
court security officers. Court security officers may carry weapons, upon which
they have been trained and qualified as permitted by law, at their place of
employment and to and from their place of employment with the consent of the
Sheriff. The court security officers shall be sworn officers of the Sheriff
and shall be primarily responsible for the security of the courthouse and its
courtrooms. The court security officers shall be under the sole control of
the sheriff of the county in which they are hired. If a county has a Sheriff's
Merit Commission, court security officers shall be subject to its jurisdiction
for disciplinary purposes. They are not regular appointed deputies under
Section 3-6008. The position of court security officer shall not be considered
a rank when seeking initial appointment as deputy sheriff under Section
3-8011.
Every court security officer hired on or after the effective date of this
amendatory Act of 1996
shall serve a probationary period of 12 months during which time they may
be discharged at the will of the Sheriff.
(Source: P.A. 89-685, eff. 6-1-97.)
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(55 ILCS 5/3-6013) (from Ch. 34, par. 3-6013)
Sec. 3-6013. Duties, training and compensation of auxiliary deputies. Auxiliary deputies shall not supplement members of the regular county
police department or regular deputies in the performance of their assigned
and normal duties, except as provided herein. Auxiliary deputies may be
assigned and directed by the sheriff to perform the following duties in
the county:
To aid or direct traffic within the county, to aid in control of natural
or human made disasters, to aid in case of civil disorder as assigned and
directed by the sheriff, provided, that in emergency cases which render it
impractical for members of the regular county police department or regular
deputies to perform their assigned and normal duties, the sheriff is hereby
authorized to assign and direct auxiliary deputies to perform such regular
and normal duties. Identification symbols worn by such auxiliary deputies
shall be different and distinct from those used by members of the regular
county police department or regular deputies. Such auxiliary deputies
shall at all times during the performance of their duties be subject to the
direction and control of the sheriff of the county. Such auxiliary deputies
shall not carry firearms, except with the permission of the sheriff, and
only while in uniform and in the performance of their assigned duties.
Auxiliary deputies, prior to entering upon any of their duties, shall
receive a course of training in the use of weapons and other police
procedures as shall be appropriate in the exercise of the powers
conferred upon them under this Division, which training and
course of study shall be determined and provided by the sheriff of each
county utilizing auxiliary deputies, provided that, before being
permitted to carry a firearm an auxiliary deputy must have the same
course of training as required of peace officers in Section 2 of the
Peace Officer and Probation Officer Firearm Training Act. The county authorities shall require
that all auxiliary deputies be residents of the county served by them.
Prior to the appointment of any auxiliary deputy his or her fingerprints
shall be taken and no person shall be appointed as such auxiliary deputy if
he or she has been convicted of a felony or other crime involving moral
turpitude.
Auxiliary deputies may receive such compensation as is set by the County Board, with the advice and consent of the Sheriff, not to exceed the lowest hourly pay of a full-time sworn member of the regular county police or sheriff's department and not be paid a salary, except as provided in
Section 3-6036, but may be reimbursed for actual expenses incurred in
performing their assigned duty. The County Board must approve such actual
expenses and arrange for payment.
Nothing in this Division shall preclude an auxiliary deputy from holding
a simultaneous appointment as an auxiliary police officer pursuant to Section
3-6-5 of the Illinois Municipal Code.
(Source: P.A. 97-379, eff. 8-15-11; 98-725, eff. 1-1-15 .)
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(55 ILCS 5/3-6014) (from Ch. 34, par. 3-6014)
Sec. 3-6014.
Return by special deputy.
Such special deputy shall
make return in the time and manner of serving such process, under his or
her oath, and for making a false return he or she shall be guilty of
perjury, and punished accordingly.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6015) (from Ch. 34, par. 3-6015)
Sec. 3-6015.
Powers of deputies.
Deputy sheriffs, duly appointed and
qualified, may perform any and all the duties of the sheriff, in the name
of the sheriff, and the acts of such deputies shall be held to be acts of
the sheriff.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6016) (from Ch. 34, par. 3-6016)
Sec. 3-6016.
Sheriff liable for acts of deputy and auxiliary deputy.
The sheriff shall be liable for any neglect or omission of the duties of
his or her office, when occasioned by a deputy or auxiliary deputy, in the
same manner as for his or her own personal neglect or omission.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6017) (from Ch. 34, par. 3-6017)
Sec. 3-6017.
Sheriff custodian of courthouse and jail.
He or she
shall have the custody and care of the courthouse and jail of his or her
county, except as is otherwise provided.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6018) (from Ch. 34, par. 3-6018)
Sec. 3-6018.
Counties under 1,000,000; control of internal
operations. In counties of less than 1 million population, the sheriff
shall control the internal operations of his office. Subject to the
applicable county appropriation ordinance, the sheriff shall direct the
county treasurer to pay, and the treasurer shall pay, the expenditures for
the sheriff's office, including payments for personal services, equipment,
materials and contractual services. Purchases of equipment by the sheriff
shall be made in accordance with any ordinance requirements for centralized
purchasing through another county office or through the state which are
applicable to all county offices.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6019) (from Ch. 34, par. 3-6019)
Sec. 3-6019.
Duties of sheriff; office quarters and
hours. Sheriffs shall serve and execute, within their respective
counties, and return all warrants, process, orders and judgments of
every description that may be legally directed or delivered to them.
A sheriff of a county with a population of less than 1,000,000 may employ
civilian personnel to serve process in civil matters. If an arrest warrant upon complaint under Section 107-9 of the Code of Criminal Procedure of 1963, or a warrant of arrest due to failure to appear under Section 107-12 of the Code, originated from a law enforcement agency other than the county sheriff's office, then the county sheriff of a county with a population of more than 600,000 may require that law enforcement agency to store and maintain the warrant. That law enforcement agency is responsible for entering the warrant into the Illinois Law Enforcement Agencies Data System (LEADS) and the National Crime Information Center Database (NCIC). The county sheriff may require the originating law enforcement agency to arrange for transportation of the wanted person to the county jail. Originating agencies may contract with the county sheriff or another law enforcement agency to store, maintain, and provide transportation of the wanted person to the county jail. Any law enforcement agency or regional dispatch center may act as holder of the warrant for an originating agency that has no telecommunications equipment.
Each sheriff shall keep and maintain his or her office at the county seat of
the county for which he or she is the sheriff, and shall in counties having a
population of less than 500,000 keep his or her office open and attend to
the duties thereof from 8 o'clock in the forenoon to 5 o'clock in
the afternoon of each working day, excepting such days and half days as,
under any law, are or may be legal holidays, or half holidays.
The hours of opening and closing of the office of the
sheriff may be changed and otherwise fixed and determined by the county
board of such county. Such action taken by the county board
shall be by an appropriate resolution passed at a regular meeting.
(Source: P.A. 98-250, eff. 8-9-13.)
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(55 ILCS 5/3-6020) (from Ch. 34, par. 3-6020)
Sec. 3-6020.
Contempt of court; damages.
The disobedience of any
sheriff to perform the command of any warrant, process, order or judgment
legally issued to him or her, shall be deemed a contempt of the court that
issued the same, and may be punished accordingly; and he or she shall be
liable to the party aggrieved for all damages occasioned thereby.
No sheriff shall be civilly liable for serving, as directed by the court, any
warrant,
order, process, or judgment that has been issued or affirmed by a court of the
State of Illinois and that is valid on its face, unless the service involved
willful or
wanton misconduct by the sheriff.
(Source: P.A. 93-386, eff. 1-1-04.)
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(55 ILCS 5/3-6021) (from Ch. 34, par. 3-6021)
Sec. 3-6021.
Conservator of the peace.
Each sheriff shall be
conservator of the peace in his or her county, and shall prevent crime and
maintain the safety and order of the citizens of that county; and may arrest
offenders on view, and cause them to be
brought before the proper court for trial or examination.
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
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(55 ILCS 5/3-6022) (from Ch. 34, par. 3-6022)
Sec. 3-6022.
Posse comitatus.
To keep the peace, prevent crime, or
to execute any warrant, process, order or judgment he or she may call to
his or her aid, when necessary, any person or the power of the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6023) (from Ch. 34, par. 3-6023)
Sec. 3-6023.
Attendance at courts.
Each sheriff shall, in person or by
deputy, county corrections officer, or court security officer, attend upon
all courts held in his or her county when in session, and obey the lawful
orders and directions of the court, and shall maintain the security of the
courthouse. Court services customarily performed by sheriffs shall be provided
by the sheriff or his or her deputies, county corrections officers, or
court security officers, rather than by employees of the court, unless there
are no deputies, county corrections officers, or court security officers
available to perform such services. The expenses of the sheriff in carrying
out his or her duties under this Section, including the compensation of
deputies, county corrections officers, or court security officers assigned
to such services, shall be paid to the county from fees collected pursuant to
court order for services of the sheriff and from any court services fees
collected by the county pursuant to Section 5-1103, as now or hereafter
amended.
(Source: P.A. 89-685, eff. 6-1-97; 89-707, eff. 6-1-97.)
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(55 ILCS 5/3-6024) (from Ch. 34, par. 3-6024)
Sec. 3-6024.
Disability to hold other offices.
No sheriff or deputy
sheriff shall be eligible to the office of county treasurer, nor shall any
county treasurer be permitted to act as deputy sheriff.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6025) (from Ch. 34, par. 3-6025)
Sec. 3-6025.
No practice as attorney or security for another.
No sheriff or deputy sheriff shall appear in any court as
attorney at law for any party, or become security for any person in
any civil or criminal action or proceeding.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6026) (from Ch. 34, par. 3-6026)
Sec. 3-6026.
No purchase of property at own sale.
No sheriff
or deputy sheriff shall become the purchaser, nor procure any other person
to become the purchaser for him or her, of any property, real or personal,
by him or her exposed to sale, by virtue of any judgment or process; and
all such purchases made by any sheriff or deputy sheriff, or by any other
person in his or her behalf, shall be absolutely null and void.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6027) (from Ch. 34, par. 3-6027)
Sec. 3-6027.
Penalty for neglect to pay over money collected.
If any sheriff unreasonably neglects to pay any money collected by
him on execution, fee bill or process, when demanded by the person entitled
to receive the same, he may be proceeded against in the court from which
the execution, fee bill or process issued, as for a contempt; and he shall
also forfeit to the person injured five times the lawful interest of the
money, from the time of the demand until paid, which may be recovered by
action upon his bond, or against the sheriff alone, in any court of
competent jurisdiction.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6028) (from Ch. 34, par. 3-6028)
Sec. 3-6028.
Delivery of papers and property to successor.
When a sheriff leaves his or her office he or she shall deliver
to his or her successor all process, paper and property attached
or levied upon except such as he or she is authorized by law to
retain, and also the possession of the court house and jail of
his or her county, and shall take from his or her successor a
receipt, specifying the papers and property so delivered over,
and the prisoners in custody, if any--which receipt shall be
sufficient indemnity to the person taking the same.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6029) (from Ch. 34, par. 3-6029)
Sec. 3-6029.
Completion of collections.
Every sheriff leaving his or
her office at the expiration of his or her term, and having any judgment or
fee bill which he or she may have levied but not collected, or any tax list
uncollected, and which he or she is authorized to collect, may proceed and
collect the same in the same manner as if his or her term of office had not
expired.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6030) (from Ch. 34, par. 3-6030)
Sec. 3-6030.
Vacancy; power of deputies.
In case of a vacancy in the
office of sheriff, every deputy in office under him or her having a process
in his or her possession at the time such vacancy happens, shall have the
same authority and be under the same obligation to serve, execute and
return the same as if the sheriff had continued in office.
Any vacancy occurring in the office of sheriff shall be filled as
provided in The Election Code.
In counties of over 2,000,000 inhabitants, until a vacancy in the
office of sheriff is filled as provided in The Election Code, the
undersheriff shall be the acting sheriff with all the powers and duties
of a sheriff.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/3-6031) (from Ch. 34, par. 3-6031)
Sec. 3-6031.
Sheriff in military service.
If any sheriff enters
into the active military service of the United States, the office of
sheriff shall not be deemed to be vacant during the time the sheriff is in
such service, and the sheriff shall designate a deputy sheriff as acting
sheriff who shall perform and discharge all the duties of sheriff of such
county during the time such sheriff is in the active military service of
the United States, but all powers and duties of such acting sheriff as
sheriff shall cease upon the discharge of the sheriff from such service or
upon the termination of the term of office for which the sheriff was
elected. A certificate of such designation containing the name of the
designated deputy and the date of the appointment, signed and acknowledged
by the sheriff, shall be filed in the office of the circuit clerk of the
county on the date of the designation.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6032) (from Ch. 34, par. 3-6032)
Sec. 3-6032.
Minor identification and protection.
The sheriff
of each county shall comply with the requirements of Section 3 of the Minor
Identification and Protection Act.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6033) (from Ch. 34, par. 3-6033)
Sec. 3-6033.
Citizenship and residence.
It is unlawful for the
sheriff of any county of fewer than 1,000,000 inhabitants, or the corporate
authorities of any city, town or village to authorize, empower, employ or
permit any person to act as deputy sheriff or special policeman for the
purpose of preserving the peace, who is not a citizen of the United States.
(Source: P.A. 86-962; 87-357.)
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(55 ILCS 5/3-6034) (from Ch. 34, par. 3-6034)
Sec. 3-6034.
Violations.
Any sheriff or public officer violating the
provision of Section 3-6033 shall be deemed guilty of a petty offense.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6035) (from Ch. 34, par. 3-6035)
Sec. 3-6035.
Supervisor of Safety.
The office of Supervisor of Safety
is hereby created for each county to be held by the Sheriff of the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6036) (from Ch. 34, par. 3-6036)
Sec. 3-6036.
Powers and duties of Supervisor of Safety.
The Supervisor of Safety shall enforce all the laws of this State
and, within the municipalities in his county, the ordinances of such
municipalities relating to the regulation of motor vehicle traffic and
the promotion of safety on public highways. The Supervisor of Safety
shall advise the county board as to contracts negotiated regulating
traffic of parking areas of schools, hospitals, commercial and industrial
facilities, shopping centers and
apartment complexes outside any municipality of said county, and shall
act as its representative and agent in connection with the execution of
such contracts. In those instances where contracts are being negotiated
between municipalities and schools, hospitals, commercial and industrial
facilities, shopping centers and
apartment complexes outside the corporate limits, the Supervisor of
Safety shall advise the county board. All such contracts shall be
negotiated in the manner of section 11-209 of The Illinois Vehicle
Code. Subject to the approval
of the county board, the Supervisor of Safety may appoint assistants to
aid him in carrying out his duties. The Supervisor of Safety shall
cooperate with the State and Federal governments and agencies thereof in
programs designed to promote safety on highways.
The Supervisor of Safety in counties of less than 1,000,000 inhabitants
may enter into cooperative contractual agreements with school districts in
his county, under which the school district hires, compensates and is
liable for one or more school crossing guards, and the Supervisor of
Safety, as sheriff of the county, appoints any such guard as an auxiliary
deputy, in the manner and under the terms of Sections 3-6001 through
3-6032.
This Section is not a prohibition upon the contractual and associational
powers granted by Article VII, Section 10 of the Illinois Constitution.
(Source: P.A. 90-145, eff. 1-1-98; 90-481, eff. 8-17-97.)
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(55 ILCS 5/3-6037) (from Ch. 34, par. 3-6037)
Sec. 3-6037.
Salary of Supervisor of Safety.
The county board may allow the
Supervisor of Safety an annual salary in an amount determined by the board.
The salary determined under this Section shall be
without regard to and separate from the salary that may be
fixed by the county board for the Sheriff, and it shall be payable out of
the County Treasury.
(Source: P.A. 92-616, eff. 7-8-02.)
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(55 ILCS 5/3-6038)
Sec. 3-6038. County impact incarceration program.
(a) With the approval of the county board, the sheriff in any
county with 3,000,000 or fewer inhabitants may operate an impact incarceration program for persons who would otherwise be
sentenced to serve a term of imprisonment. In order to be eligible to
participate in the impact incarceration program, a person convicted of a felony
or a misdemeanor must meet the requirements set forth in subsection (b) of
Section 5-8-1.1 of the Unified Code of Corrections.
(b) The impact incarceration program shall include, among other matters,
mandatory physical training and labor, military formation and drills,
regimented activities, uniformity of dress and appearance, and drug or other
counseling where appropriate.
(c) Participation in the impact incarceration program by a committed person
serving a sentence for a misdemeanor shall be for a period of at least 7 days
for each 30 days of his or her term of imprisonment as set forth by the court
in its sentencing order. If the sentence of imprisonment is less than 30 days,
participation in the impact incarceration program shall be for a period
as determined by the court.
Participation in the impact incarceration program by a committed person
serving a sentence for a felony, including a person transferred from the
Illinois Department of Corrections under subsection (f), shall be for a period
of 120 to 180 days.
The period of time a committed person shall serve in the impact incarceration
program shall not be reduced by the accumulation of good time.
(d) The committed person shall serve a term of mandatory supervised release
as set forth in subsection (d) of Section 5-8-1 of the Unified Code of Corrections, if otherwise applicable.
(e) If the sheriff accepts the offender in the program and determines
that the offender has successfully completed the impact incarceration program,
the sentence shall be reduced to time considered served upon certification to
the court by the sheriff that the offender has successfully completed the
program. In the event the offender is not accepted for placement in the impact
incarceration program or the offender does not successfully complete the
program, his or her term of imprisonment shall be as set forth by the court in
its sentencing order.
(f) The sheriff, with the approval of the county board,
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. An offender who successfully completes the county
impact incarceration program shall have his or her 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.
(g) The sheriff, with the approval of the county board, shall have the
power to enter into intergovernmental agreements with the Illinois Department
of Corrections to receive funding, land, services, equipment, or any other form
of economic contribution for construction, operation, and maintenance of a
regional impact incarceration program that serves 2 or more counties.
(Source: P.A. 96-328, eff. 8-11-09.)
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(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 county
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.
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(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 Juvenile Justice juvenile correctional facility. This provision shall not exclude a delinquent minor who is committed to the Illinois Department of Juvenile Justice and is participating in the county juvenile impact incarceration program under an intergovernmental cooperation agreement with the Illinois Department of Juvenile Justice.
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(4) The delinquent minor is physically able to
| | participate in strenuous physical activities or labor.
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(5) The delinquent minor does not have a mental
| | disorder or disability that would prevent participation in the county juvenile impact incarceration program.
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(6) The delinquent minor is recommended and approved
| | for placement in the county juvenile impact incarceration program in the court's dispositional order.
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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 Juvenile Justice 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 Juvenile Justice under which
delinquent minors committed to the Illinois Department of Juvenile Justice 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 Juvenile Justice that
the delinquent minor has successfully completed the program.
(Source: P.A. 94-696, eff. 6-1-06 .)
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