Legal & Administrative Policies Authorizing Monitoring


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Legal & Administrative Policies Authorizing Monitoring

Pursuant to Section 223(a)(14) of the JJDP Act, the State must provide for an adequate system of monitoring jails, lockups, detention facilities, correctional facilities and non-secure facilities to ensure that the core protections are met.

The Illinois Department of Corrections (DOC) has the statutory authority to write standards and inspect so that those standards are met. That authority is described in Chapter 730ILCS5/3-15-2 (Unified Code of Corrections) and also sets out DOC responsibilities when non-compliance with standards is found. The DOC standards quote the statutory language granting their standard setting and inspection authority in all three sets of standards. While the standards the standards do not layout a process for taking complaints, DOC does require that facilities report unusual occurrences as defined in the standards. In practice, DOC does investigate all complaints of violations they receive.

The Department of Human Services (DHS) under PA89-0507 (HB2632) is authorized and empowered to discharge any and all responsibilities imposed on such bodies by the federal Juvenile Justice and Delinquency Prevention Act of 2002 (copy sent to OJJDP) as amended, specifically the deinstitutionalization of status offenders, site and sound separation of juveniles and adults in county and municipal jails, removal of juveniles from county and municipal jails prior to six hours and monitoring of compliance with these core requirements.

In addition the Administrative Office of the Illinois Courts (AOIC) has the authority described in Chapter 730 ILCS 110/15 to reimburse counties for salaries of detention staff. They further have the authority to monitor and evaluate programs operated by Probation and Court Services Departments (including detention where positions are subsidized).

The DOC standards require that facilities file monthly population reports. AOIC is authorized to develop a system of record keeping and to gather statistics and establish uniform laws. DHS is the funding source and compliance monitor.

The Juvenile Monitoring Information System (JMIS); is partnered by DOC, DHS and AOIC.