Illinois Compiled Statutes 730 ILCS 5/3-2.5-80 – Supervision on aftercare release
Current as of: 2024 | Check for updates
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(a) The Department shall retain custody of all youth placed on aftercare release or released under Section 3-2.5-85 or 3-3-10 of this Code. The Department shall supervise those youth during their aftercare release period in accordance with the conditions set by the Department or Prisoner Review Board.
(b) A copy of youth’s conditions of aftercare release shall be signed by the youth and given to the youth and to his or her aftercare specialist who shall report on the youth’s progress under the rules of the Department. Aftercare specialists and supervisors shall have the full power of peace officers in the retaking of any releasee who has allegedly violated his or her aftercare release conditions. The aftercare specialist may request the Department of Juvenile Justice to issue a warrant for the arrest of any releasee who has allegedly violated his or her aftercare release conditions.
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-20, § Ill. Comp. Stat. 730 ILCS 5/5-4.5-25, § Ill. Comp. Stat. 730 ILCS 5/5-4.5-30, § Ill. Comp. Stat. 730 ILCS 5/5-4.5-35 and § Ill. Comp. Stat. 730 ILCS 5/5-4.5-40
(c) The aftercare supervisor shall request the Department of Juvenile Justice to issue an aftercare release violation warrant, and the Department of Juvenile Justice shall issue an aftercare release violation warrant, under the following circumstances:
(1) if the releasee has a subsequent delinquency
(b) A copy of youth’s conditions of aftercare release shall be signed by the youth and given to the youth and to his or her aftercare specialist who shall report on the youth’s progress under the rules of the Department. Aftercare specialists and supervisors shall have the full power of peace officers in the retaking of any releasee who has allegedly violated his or her aftercare release conditions. The aftercare specialist may request the Department of Juvenile Justice to issue a warrant for the arrest of any releasee who has allegedly violated his or her aftercare release conditions.
Attorney's Note
Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| First-degree murder | 20 years to life | up to $25,000 |
| Class X felony | between 6 and 30 years | up to $25,000 |
| Class 1 felony | between 4 and 15 years | up to $25,000 |
| Class 2 felony | between 3 and 7 years | up to $25,000 |
| Class 3 felony | between 2 and 5 years | up to $25,000 |
Terms Used In Illinois Compiled Statutes 730 ILCS 5/3-2.5-80
- Arrest: Taking physical custody of a person by lawful authority.
- Department: means the Department of Juvenile Justice. See Illinois Compiled Statutes 730 ILCS 5/3-2.5-10
- Month: means a calendar month, and the word "year" a calendar year unless otherwise expressed; and the word "year" alone, is equivalent to the expression "year of our Lord. See Illinois Compiled Statutes 5 ILCS 70/1.10
(c) The aftercare supervisor shall request the Department of Juvenile Justice to issue an aftercare release violation warrant, and the Department of Juvenile Justice shall issue an aftercare release violation warrant, under the following circumstances:
(1) if the releasee has a subsequent delinquency
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petition filed against him or her alleging commission of an act that constitutes a felony using a firearm or knife;
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(2) if the releasee is required to and fails to
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comply with the requirements of the Sex Offender Registration Act;
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(3) (blank); or
(4) if the releasee is on aftercare release for a
(4) if the releasee is on aftercare release for a
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murder, a Class X felony or a Class 1 felony violation of the Criminal Code of 2012, or any felony that requires registration as a sex offender under the Sex Offender Registration Act and a subsequent delinquency petition is filed against him or her alleging commission of an act that constitutes first degree murder, a Class X felony, a Class 1 felony, a Class 2 felony, or a Class 3 felony.
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Personnel designated by the Department of Juvenile Justice or another peace officer may detain an alleged aftercare release violator until a warrant for his or her return to the Department of Juvenile Justice can be issued. The releasee may be delivered to any secure place until he or she can be transported to the Department of Juvenile Justice. The aftercare specialist or the Department of Juvenile Justice shall file a violation report with notice of charges with the Department.
(d) The aftercare specialist shall regularly advise and consult with the releasee and assist the youth in adjusting to community life in accord with this Section.
(e) If the aftercare releasee has been convicted of a sex offense as defined in the Sex Offender Management Board Act, the aftercare specialist shall periodically, but not less than once a month, verify that the releasee is in compliance with paragraph (7.6) of subsection (a) of Section 3-3-7.
(f) The aftercare specialist shall keep those records as the Department may require. All records shall be entered in the master file of the youth.
(d) The aftercare specialist shall regularly advise and consult with the releasee and assist the youth in adjusting to community life in accord with this Section.
(e) If the aftercare releasee has been convicted of a sex offense as defined in the Sex Offender Management Board Act, the aftercare specialist shall periodically, but not less than once a month, verify that the releasee is in compliance with paragraph (7.6) of subsection (a) of Section 3-3-7.
(f) The aftercare specialist shall keep those records as the Department may require. All records shall be entered in the master file of the youth.