(705 ILCS 405/Art. VI heading)
(705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
Sec. 6-1. Probation departments; functions and duties.
(1) The chief judge of each circuit shall make provision for probation
services for each county in his or her circuit. The appointment of officers
to probation or court services departments and the administration of such
departments shall be governed by the provisions of the Probation and
Probation Officers Act.
(2) Every county or every group of counties constituting a probation
district shall maintain a court services or probation
department subject to the provisions of the Probation and Probation
Officers Act. For the purposes of this Act, such a court services or
probation department has, but is not limited to, the following powers and
duties:
(3) The court services or probation department in any probation district
or county having less than 1,000,000 inhabitants, or any personnel of the
department, may be required by the circuit court to render services to the
court in other matters as well as proceedings under this Act.
(4) In any county or probation district, a probation department
may be established as a separate division of a more inclusive department
of court services, with any appropriate divisional designation. The
organization of any such department of court services and the appointment
of officers and other personnel must comply with the Probation and Probation
Officers Act.
(5) For purposes of this Act only, probation officers appointed to
probation or court services
departments shall be considered peace officers. In the
exercise of their official duties, probation officers, sheriffs, and police
officers may, anywhere within the State, arrest any minor who is in violation
of any of the conditions of his or her probation, continuance under
supervision, or
informal supervision, and it shall be the duty of the officer making the arrest
to take the minor before the court having jurisdiction over the minor for
further
action.
(Source: P.A. 101-81, eff. 7-12-19.)
(705 ILCS 405/6-2) (from Ch. 37, par. 806-2)
Sec. 6-2.
Probation districts; informal cooperation.
(1) Any 2 or more counties in the same judicial circuit may form a
joint probation district for the maintenance of a Probation Department
or of both a Probation Department and a Psychiatric Department of the
circuit court in those counties. The determination and agreement to form
such a probation district shall be made by the county boards of the
counties desiring to form it. Any such agreement is binding on the
respective counties for 4 years.
(2) The budget for such Probation Department and Psychiatric
Department, if any, maintained by any probation district shall be
prepared by the respective Departments and submitted for review and
appropriate action to a committee representative of all county boards
within the district. The budget committee shall meet annually and as
many additional times as it finds necessary. All such financial information
must be shared with the Supreme Court at its request.
(3) The financial burden of maintaining each such Department shall
be borne by each county in the district on a pro rata system based upon
the ratio that the value of property in that county, as equalized or
assessed by the Department of Revenue, bears to the
total value of all the property in the district, as equalized or
assessed by the Department of Revenue, subject to the
limitations and regulations imposed by law on the authority of any
county to levy taxes.
(4) This Section does not exclude informal cooperation between any 2
or more counties with respect to the rendering of probation or
psychiatric services, or prohibit the formation of a probation district
by any 2 or more counties in the same circuit on any mutually acceptable basis.
(Source: P.A. 85-601.)
(705 ILCS 405/6-3) (from Ch. 37, par. 806-3)
Sec. 6-3.
Court Services Departments; counties over 1,000,000.
(1) Any county having more than 1,000,000 inhabitants shall maintain a
Court Services Department, which shall be under the authority and
supervision of the chief judge of the circuit or of some other judge
designated by him.
(2) The functions and duties of probation personnel of the Court
Services Department include, but are not limited to, those described in
Section 6-1. Neither the Court Services Department nor any of its
personnel must supervise the probation of any person over 18 years of age
convicted under the criminal laws, except that the court may order the
Department to supervise the probation of an adult convicted of the crime of
contributing to the dependency and neglect of children or of contributing
to the delinquency of children.
(3) The Court Services Department in any such county shall provide
psychiatric clinical services relating to the purposes of this Act when so
requested, authorized or ordered by the court. The Department may be
required by the circuit court to render psychiatric clinical services to
the court in other matters as well as in proceedings under this Act.
(Source: P.A. 85-601.)
(705 ILCS 405/6-4) (from Ch. 37, par. 806-4)
Sec. 6-4.
Psychiatric Departments; counties under 1,000,000.
(1) Any county having less than 1,000,000 inhabitants or any group of
counties constituting a probation district may maintain a Psychiatric
Department to render clinical services requested, authorized or ordered by
the court. The Psychiatric Department may be required by the circuit court
to render services to the court in other matters as well as in proceedings
under this Act. In any county or probation district the Psychiatric
Department may be established as a separate division of a more inclusive
psychiatric department or of a comprehensive department of court services,
with any appropriate divisional designation.
(2) The chief judge of the circuit court shall appoint a professionally
qualified person as Director of the Psychiatric Department established for
any county or probation district in the circuit, to serve at his pleasure,
and may authorize the Director to appoint such other personnel of the
Department as the chief judge from time to time may determine are needed,
to serve at the pleasure of the Director. The Director shall have general
charge of the Department under the supervision of the chief judge or of
some other judge designated by the chief judge for that purpose.
(3) Appointments to any professional position in the Psychiatric
Department must be made in accordance with standards prescribed by the
chief judge in consultation with an advisory committee of his selection,
composed of persons of recognized and outstanding ability in the practice
of psychiatry or psychology or in the teaching or practice of social
service and public welfare work.
(Source: P.A. 85-601.)
(705 ILCS 405/6-5) (from Ch. 37, par. 806-5)
Sec. 6-5.
Compensation and expenses of personnel.
(1) The compensation of the several officers or grades of officers and
other personnel of the Probation Department and the Psychiatric Department,
if any, or the Court Services Department, shall be determined by the county
board of any county not within a probation district or by the budget
committee representative of all county boards of counties within any
probation district. Department personnel shall also be paid their actual
and necessary expenses incurred in the performance of their duties. The
compensation and actual and necessary expenses shall be paid at least
monthly out of the county treasury upon proper certification by the court.
(2) For the purpose of paying the compensation and expenses of personnel
of any Probation, Psychiatric or Court Services Department maintained by a
probation district, the county treasurer of each of the less populous
counties of the district shall pay its monthly pro rata share to the county
treasurer of the county in the district having the largest population
according to the most recent Federal census, who shall add his county's
share to the amounts so received and pay the compensation and expenses due
to such personnel.
(3) Personnel required to render Services to the circuit court in other
matters in addition to proceedings under this Act may be separately
compensated therefor under any applicable law. In the case of personnel of
the Probation Departments required by this Act, the amount of compensation
for services under this Act shall be specified by the county board or the
budget committee of the probation district, as the case may be.
(Source: P.A. 85-601.)
(705 ILCS 405/6-6) (from Ch. 37, par. 806-6)
Sec. 6-6.
State share of compensation of probation Personnel.
(1) Before
the 15th day of each month, beginning with August, 1966, there shall be
filed with the Supreme Court an itemized
statement of the amounts paid, by the county, probation district or
counties cooperating informally under Section 6-2, as compensation for
Services rendered under this Act pursuant to "An Act providing for a system
of probation, for the appointment and compensation of probation
officers, and authorizing the suspension of final judgment and the
imposition of sentence upon persons found guilty of certain defined crimes
and offenses, and legalizing their ultimate discharge without punishment",
approved June 10, 1911, as amended.
(2) Such itemized statement shall be filed by the county treasurer,
or, in the case of a probation district or of counties cooperating
informally under Section 6-2, by the county treasurer of the most
populous county, and shall be certified as to amounts by such county
treasurer and the Supreme Court or its designee shall establish
a means of verifying compliance with this
Section in the manner of appointment or reappointment of and the
percentage of time spent by such personnel.
(3) The Supreme Court or its designee shall verify that conditions
contained in this Section have been met and transmit the statements to the
Comptroller who shall examine and audit the monthly statement and, upon
finding it correct, shall voucher for payment to the county treasurer
filing the same, for his county, probation district or group of co-operating
counties the amount of $1,000 per month for salaries of qualified
probation officers who are paid at least at the annual rate of $17,000.
(4) To qualify for State reimbursement under this Section, county
probation departments or probation districts must conform to the provisions
of "An Act providing for a system of probation, for the appointment and
compensation of probation officers, and authorizing the suspension of final
judgment and the imposition of sentence upon persons found guilty of
certain defined crimes and offenses, and legalizing their ultimate
discharge without punishment", approved June 10, 1911, as amended. Whether
or not a county probation department or probation district applies for
State reimbursement, such department or district must abide by the
personnel qualifications and hiring procedures promulgated by the Supreme
Court pursuant to "An Act providing for a system of probation, for the
appointment and compensation of probation
officers, and authorizing the suspension of final judgment and the
imposition of sentence upon persons found guilty of certain defined crimes
and offenses, and legalizing their ultimate discharge without punishment",
approved June 10, 1911, as amended.
(Source: P.A. 85-601.)
(705 ILCS 405/6-7) (from Ch. 37, par. 806-7)
Sec. 6-7.
Financial responsibility of counties.
(1) Each county board shall provide in its annual appropriation
ordinance or annual budget, as the case may be, a reasonable sum for payments for the
care and support of minors, and for payments for court appointed counsel
in accordance with orders entered under this
Act in an amount which in the judgment of the county board may be needed for
that purpose. Such appropriation or budget item constitutes a separate
fund into which shall be paid not only the moneys appropriated by the
county board, but also all reimbursements by parents and other persons
and by the State.
(2) No county may be charged with the care and support of any minor
who is not a resident of the county unless his parents or guardian are
unknown or the minor's place of residence cannot be determined.
(3) No order upon the county for care and support of a minor may be
entered until the president or chairman of the county board has had due
notice that such a proceeding is pending.
(Source: P.A. 85-1235; 85-1443; 86-820.)
(705 ILCS 405/6-8) (from Ch. 37, par. 806-8)
Sec. 6-8.
Orders on county for care and support.
(1) Whenever a minor has been ordered held in detention or placed in shelter
care under Sections 2-7, 3-9, 4-6 or 5-410, the court may order the
county to
make monthly payments from the fund established pursuant to Section 6-7
in an amount necessary for his care
and support, but not
for a period in excess of 90 days.
(2) Whenever a ward of the court is placed under Section 2-27, 3-28,
4-25 or 5-740, the court may order the county to make monthly
payments
from the fund established pursuant to Section 6-7 in an amount necessary
for his care and support to the guardian of the person or legal
custodian appointed under this Act, or to the agency which such guardian
or custodian represents.
(3) The court may, when the health or condition of any minor subject
to this Act requires it, order the minor placed in a public hospital,
institution or agency for treatment or special care, or in a private
hospital, institution or agency which will receive him without charge to
the public authorities. If such treatment or care cannot be procured
without charge, the court may order the county to pay an amount for such
treatment from the fund established pursuant to Section 6-7. If the
placement is
to a hospital or institution, the amount to be paid shall not exceed
that paid by the county
department of public aid for the care of minors under like conditions,
or, if an agency, not more than that established by the Department of
Children and Family Services for the care of minors under like
conditions. On like order, the county shall pay, from the fund established
pursuant to Section 6-7, medical, surgical,
dental, optical and other fees and expenses which the court finds are
not within the usual scope of charges for the care and support of any
minor provided for under this Section.
(Source: P.A. 90-590, eff. 1-1-99.)
(705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
Sec. 6-9. Enforcement of liability of parents and others.
(1) If parentage is at issue in any proceeding under this Act, other than cases involving those exceptions to the definition of parent set out in item (11) in Section 1-3, then the
Illinois Parentage Act of 2015 shall apply and the court shall enter orders
consistent with that Act. If it appears at any hearing that a parent or
any other person named in the petition, liable under the law for the
support of the minor, is able to contribute to his or her support, the court
shall enter an order requiring that parent or other person to pay the clerk of
the court, or to the guardian or custodian appointed under Sections 2-27,
3-28, 4-25 or 5-740, a reasonable sum from time to time for the care,
support and necessary special care or treatment, of the minor.
If the court
determines at any hearing that a parent or any other person named in the
petition, liable under the law for the support of the minor, is able to
contribute to help defray the costs associated with the minor's detention in a
county or regional detention center, the court shall enter an order requiring
that parent or other person to pay the clerk of the court a reasonable sum for
the care and support of the minor.
The court
may require reasonable security for the payments. Upon failure to pay, the
court may enforce obedience to the order by a proceeding as for contempt of
court.
If it appears that the person liable for the support of the minor is
able to contribute to legal fees for representation of the minor, the court
shall enter an order requiring that person to pay a reasonable sum for the
representation, to the attorney providing the representation or to the
clerk of the court for deposit in the appropriate account or fund. The sum
may be paid as the court directs, and the payment thereof secured and
enforced as provided in this Section for support.
If it appears at the detention or shelter care hearing of a minor before
the court under Section 5-501 that a parent or any other person
liable for
support of the minor is able to contribute to his or her support, that parent
or other person shall be required to pay a fee for room and board at a rate not
to exceed $10 per day established, with the concurrence of the chief judge of
the judicial circuit, by the county board of the county in which the minor is
detained unless the court determines that it is in the best interest and
welfare of the minor to waive the fee. The concurrence of the chief judge
shall be in the form of an administrative order. Each week, on a day
designated by the clerk of the circuit court, that parent or other person shall
pay the clerk for the minor's room and board. All fees for room and board
collected by the circuit court clerk shall be disbursed into the separate
county fund under Section 6-7.
Upon application, the court shall waive liability for support or legal fees
under this Section if the parent or other person establishes that he or she is
indigent and unable to pay the incurred liability, and the court may reduce or
waive liability if the parent or other person establishes circumstances showing
that full payment of support or legal fees would result in financial hardship
to the person or his or her family.
(2) When a person so ordered to pay for the care and support of a minor
is employed for wages, salary or commission, the court may order him to
make the support payments for which he is liable under this Act out of his
wages, salary or commission and to assign so much thereof as will pay the
support. The court may also order him to make discovery to the court as to
his place of employment and the amounts earned by him. Upon his failure to
obey the orders of court he may be punished as for contempt of court.
(3) If the minor is a recipient of public aid under the Illinois Public
Aid Code, the court shall order that payments made by a parent or through
assignment of his wages, salary or commission be made directly to (a) the
Department of Healthcare and Family Services if the minor is a recipient of aid under
Article V of the Code, (b) the Department of Human Services if the
minor is a recipient of aid under Article IV of the Code, or (c)
the local governmental unit
responsible for the support of the minor if he is a recipient under
Articles VI or VII of the Code. The order shall permit the
Department of Healthcare and Family Services, the Department of Human Services, or the local
governmental unit, as the case may
be, to direct that subsequent payments be made directly to the guardian or
custodian of the minor, or to some other person or agency in the minor's
behalf, upon removal of the minor from the public aid rolls; and upon such
direction and removal of the minor from the public aid rolls, the
Department of Healthcare and Family Services, Department of Human Services, or local
governmental unit, as the case requires, shall give
written notice of such action to the court. Payments received by the
Department of Healthcare and Family Services, Department of Human Services, or local
governmental unit are to be
covered, respectively, into the General Revenue Fund of the State Treasury
or General Assistance Fund of the governmental unit, as provided in Section
10-19 of the Illinois Public Aid Code.
(Source: P.A. 99-85, eff. 1-1-16.)
(705 ILCS 405/6-10) (from Ch. 37, par. 806-10)
Sec. 6-10.
State reimbursement of funds.
(a) Before the 15th day of each
month, the clerk of the court shall itemize all payments received by him
under Section 6-9 during the preceding month and shall pay such amounts
to the county treasurer. Before the 20th day of each month, the county
treasurer shall file with the Department of Children and Family Services
an itemized statement of the amount of money for the care and shelter of
a minor placed in shelter care under Sections 2-7, 3-9, 4-6 or 5-410 or placed
under Sections 2-27, 3-28, 4-25 or 5-740 before July 1, 1980 and after June
30, 1981, paid by the county during the last preceding month pursuant to court
order entered under Section 6-8, certified by the court, and an itemized
account of all payments received by the clerk of the court under Section
6-9 during the preceding month and paid over to the county treasurer,
certified by the county treasurer. The Department of Children and Family
Services shall examine and audit the monthly statement and account, and
upon finding them correct, shall voucher for payment to the county a sum
equal to the amount so paid out by the county less the amount received
by the clerk of the court under Section 6-9 and paid to the county treasurer
but not more than an amount equal to the current average daily rate paid by
the Department of Children and Family Services for similar services pursuant
to Section 5a of Children and Family Services Act, approved June 4, 1963, as
amended. Reimbursement to the
counties under this Section for care and support of minors in licensed
child caring institutions must be made by the Department of Children and
Family Services only for care in those institutions which have filed
with the Department a certificate affirming that they admit minors on
the basis of need without regard to race or ethnic origin.
(b) The county treasurer may file with the Department of Children and
Family Services an itemized statement of the amount of money paid by the county
during the last preceding month pursuant to court order entered under Section
6-8, certified by the court, and an itemized account of all payments received
by the clerk of the court under Section 6-9 during the preceding month and paid
over to the county treasurer, certified by the county treasurer. The
Department of Children and Family Services shall examine and audit the monthly
statement and account, and upon finding them correct, shall voucher for payment
to the county a sum equal to the amount so paid out by the county less the
amount received by the clerk of the court under Section 6-9 and paid to the
county treasurer. Subject to appropriations for that purpose, the State shall
reimburse the county for the care and shelter of a minor placed in detention as
a result of any new provisions that are created by the Juvenile Justice Reform
Provisions of 1998 (Public Act 90-590).
(Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
(705 ILCS 405/6-11) (from Ch. 37, par. 806-11)
Sec. 6-11.
Annual expenditures; limitation.
Reimbursements under
Section 6-10 for any fiscal year may not exceed 3% of the annual
appropriation from the General Revenue Fund to the Department of Children and
Family Services for its ordinary and contingent expenses for that fiscal year.
(Source: P.A. 85-601.)
(705 ILCS 405/6-12)
Sec. 6-12. Juvenile justice councils.
(1) Each county, or any group of contiguous counties under an intergovernmental
agreement or, in
counties having a population of 3,000,000 or more, any township, or group of those townships, in the State of Illinois may, at the initiative of any State's Attorney, Public Defender, court services director, probation officer, county board member, regional superintendent of schools, sheriff,
chief of police, any judge serving in a juvenile court within
the jurisdiction, or governing body of any Redeploy Illinois
site serving any part of that area, establish a juvenile
justice council
("council").
(1.5) Each of the following officers or entities serving
any part of the area included in a juvenile justice
council shall designate a
representative to serve on the council: the sheriff, the State's Attorney,
Chief Probation Officer, the Public Defender, and each county board within the area of the council. Designation of members shall be made to the person or agency initiating formation of the council.
(2) The purpose of a juvenile justice council is:
(3) The duties and responsibilities of the juvenile justice council
include, but are not limited to:
(3.5) A council which is the sole council serving any
part of the area of an established Redeploy Illinois
site may, in its discretion, and at the request of the
Redeploy Illinois governing body of the site, undertake
and maintain governance of the site under Section 16.1 of the Probation and Probation Officers Act.
(4) The council shall have no role in the charging or prosecution of
juvenile offenders.
(Source: P.A. 99-435, eff. 1-1-16.)