8.01 Court Services Department - Divisions 8.02 Minor Requiring Authoritative Intervention 8.03 Court Ordered Disease Testing 8.04 Drug/Alcohol and Approved Electronic Monitoring fees 8.05 Foreign National Status Inquiry/Disposition 8.06 Use of Protected Health Care Information for Court Purposes 8.07 Focused Deterrence Probation 8.01 Court Services Department – Divisions To facilitate the administration of the probation system, there is hereby established in the 17th judicial circuit, the court services department. Such department shall administer the adult and juvenile probation services of this circuit and the Winnebago County juvenile detention home. The court services department of this circuit shall consist of the following four divisions under the supervision of the director of court services: Winnebago County adult division, Winnebago County juvenile division, Winnebago County juvenile detention division, Boone County probation division. There shall be a deputy director for each of the four divisions. There shall be the position of director of court services who shall have general charge of the operations of the court services department, subject to the authority of the chief judge. Last Updated: 5/00 Page: 8-A Back to the Top 8.02 Minor Requiring Authoritative Intervention The intake unit of the Winnebago County Juvenile Probation Division shall make no evaluations of minor requiring authoritative intervention (MRAI). The intake unit will take the following action in the event it is contacted by parents, guardians, or minors soliciting assistance: If a minor is: Absent from home without consent, or; Involved in circumstances which constitute substantial or immediate danger to the minor's physical safety; refer the inquiring party to the appropriate law enforcement agency serving the community of the minor's residence. If the above criteria are not present, the parent, guardian, or minor soliciting assistance shall be furnished with a descriptive list of available intervention agencies. If there is an allegation of substance abuse, the parent, guardian, or minor shall be furnished with a descriptive list of available screening and counseling agencies and facilities and shall be referred to the appropriate law enforcement agency serving the community of the minor's residence. No MRAI shall be held in secure detention. Last Updated: 9/92 Page: 8-B Back to the Top 8.03 Court Ordered Disease Testing The probation officer(s) assigned to the specialized sex-offender caseload is/are the designated court services officer on behalf of the seventeenth judicial circuit to arrange for court ordered sexually transmissible disease testing under section 5-5-3 subsections (g) and (h) of the Unified Code of Corrections. Further, the probation officer(s)is/are designated to personally receive the sealed envelope with the test results from the testing agency to be delivered by the officer(s)to the appropriate judges of the 17th judicial circuit. Once the judge has finished reviewing the results, unless otherwise ordered by the court, the circuit clerk will seal the documents in the court file. Last Updated: 11/00 Page: 8-C Back to the Top 8.04 Drug/Alcohol and Approved Electronic Monitoring Fees The chief judge of the 17th judicial circuit concurs with the proposed rate schedule of mandatory drug/alcohol and approved electronic monitoring fees to be imposed by the County Board for the County of Winnebago, State of Illinois by ordinance as authorized pursuant to the Illinois Substance Abuse Treatment program Act amending 750 ILCS 5/5-6-3, 5/5-6-3.1, and 5/5-7-1. Last Updated: 3/95 Page: 8-D Back to the Top 8.05 Foreign National Status Inquiry/Disposition Whereas, the U.S. Immigration Customs and Enforcement agency (“ICE”) is engaged in the valid enforcement of federal immigration laws; Whereas, while the Circuit Court is not charged with the enforcement of federal immigration laws, neither does it wish to impede their enforcement; Whereas, the Circuit Court believes that involvement of its probation/court services personnel with the enforcement of federal immigration laws could potentially discourage necessary cooperation from defendants who fear immigration consequences; Whereas, the Circuit Court is seeking to balance legitimate requests for the sharing of information against the necessity of fulfilling the Court’s core responsibilities; It is therefore ORDERED: The probation/court services department of the 17th Judicial Circuit is authorized to report the following data, upon request, to the U.S. Immigration Customs and Enforcement agency (“ICE”) regarding foreign-born adult defendants under the supervision of probation/court services department, to the extent that such information is a matter of public record: Name Date of Birth Place of Birth Alien Registration Number (if known) Offense Docket Number Probation/Court Services shall not inform ICE of dates of probation appointments or otherwise coordinate with ICE regarding the taking of a defendant into ICE custody absent a valid judicial warrant. Exceptions from this policy may be sought from the chief judge on a case-by-case basis. Last Updated: 3/3/2020 Back to the Top 8.06 Use of Protected Health Care Information for Court Purposes Court Services is required by law to collect, use, and disclose personal health care information protected under Federal Confidentiality of Substance Use Disorder Patient Records Rules (42 C.F.R. Part 2), the Health Insurance Portability and Accountability Act of 1996 (HIPAA, 45 C.F.R Parts 160 & 164), the Illinois Mental Health and Developmental Disabilities Confidentiality Act, and/or other applicable laws or regulations. Court Services is authorized to use and disclose personal health care information as necessary to carry out their legal responsibilities. An individual being monitored on pre-trial supervision or pursuant to a sentence of probation, court supervision, or conditional discharge is specifically advised that the administration of justice may require Court Services to use and/or disclose personal health care information in open court within the context of a court proceeding and/or use and disclose personal health care in written form by the filing of documents as public records within a court case. Entered 3/14/2020 Back to the Top 8.07 Focused Deterrence Probation WHEREAS, the Court is authorized to direct probationers to appear before any such person or agency as directed by the Court (730 ILCS 5/5-5-3(a)(2); WHEREAS, the Court relies on the Department of Court Services to supervise probationers and to determine the level of supervision which is necessary; WHEREAS, more intense supervision of high-risk defendants brings with it the need for orders to be complied with (People v. Cozad, 158 Ill. App. 3d 664, 670, 511 N.E.2d 211, 216 (4th Dist. 1987); WHEREAS, the purpose of the creation of a Department of Court Services is “to encourage the development of a coordinated justice system,” and it is “the legislative policy of this State to more effectively protect society, to promote efficiency and economy in the delivery of services to offenders and to encourage utilization of appropriate sentencing alternatives” (730 ILCS 110/16); and WHEREAS, the Court wishes to structure supervision of high-risk defendants in a manner which also connects them with needed services; IT IS THEREFORE ORDERED: 1. The Department of Court Services is authorized to identify any probationer as a “high risk” and/or “high need” defendant in need of greater supervision and to monitor that defendant under the terms of a heightened model (hereafter called “Focused Deterrence”). 2. Placement/referral of a Defendant to Focused Deterrence shall be at the discretion of the Department of Court Services based on its assessment and available program resources; placement cannot be the subject of a negotiated plea agreement. 3. Should the assigned probation officer identify a violation the officer feels is in need of a court sanction, petition, or other attention, notice shall be given as follows: (a) via email to assigned States Attorney, defense attorney, and all judicial administrative assistants; (b) cc of the email to the assigned judge. 4. Upon receipt of the email referenced in the preceding paragraph, the administrative assistant for the assigned judge will obtain and promptly notify the clerk’s office of the selected date and the clerk’s office shall notify the parties of the date and time on which the matter will be heard in court. Entered 3/7/2022 Back to the Top
