55 ILCS 5/3-6039
2021 Illinois Compiled Statutes|Chapter 55 - COUNTIES|55 ILCS 5/ - Counties Code.|Article 3 - Officers And Employees

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.(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.(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 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.)