Court Services Department: General Order No. 8

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


8.01 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:

  1. Winnebago County adult division,
  2. Winnebago County juvenile division,
  3. Winnebago County juvenile detention division,
  4. Boone County probation division.
  5. 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

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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:

  1. If a minor is:
    1. Absent from home without consent, or;
    2. 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.
  2. 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.
  3. 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

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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

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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

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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:

  1. 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

  2. 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.
  3. Exceptions from this policy may be sought from the chief judge on a case-by-case basis.

Last Updated: 3/3/2020

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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

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Rockford, IL 61101