ILCS » Chapter 55 · Act 75
Illinois Compiled Statutes

55 ILCS 75/1 (2026)

Establishment and maintenance of homes

✓ current as of May 2026
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(55 ILCS 75/1) (from Ch. 23, par. 2681)
    Sec. 1. Establishment and maintenance of homes.
    (a) The board of county commissioners or the county board in any county in this State, may locate, purchase, erect, lease, or otherwise provide and establish, support and maintain a detention home for the care and custody of delinquent minors and a shelter care home for the temporary care of minors who are delinquent, dependent, neglected, addicted, abused or require authoritative intervention. They may levy and collect a tax to pay the cost of its establishment and maintenance in accordance with the terms and provisions of this Act. In counties with 300,000 or less inhabitants, the powers enumerated in this Act shall not be exercised unless this Act is adopted by the legal voters of the county as provided in this Act. In counties with over 300,000 but less than 1,000,000 inhabitants the county board by majority vote may establish county shelter care and detention homes without adoption of this Act by the legal voters and without referendum.
    (b) In any county, if the board of county commissioners or the county board, as the case may be, determines that a shelter care or detention home presently in use is obsolete, it may continue to operate the shelter care or detention home on a temporary basis and, by majority vote of that board, may rebuild or replace the home at its present location or another.
    (c) No county shall be required to discontinue the use of any shelter care or detention home in existence or in use on the effective date of this amendatory Act of 1975 because of the fact that the proposition to establish and maintain the shelter care or detention home has not been submitted to the voters as provided in this Act.
    This amendatory Act of 1975 is not a limit on any county which is a home rule unit.
    (d) Cook County is not required to discontinue the use of the Cook County Juvenile Temporary Detention Center or of any other shelter care home or detention home in existence or in use on the effective date of this amendatory Act of the 95th General Assembly because of the fact that the proposition to establish and maintain it was not submitted to the voters as provided in this Act.
(Source: P.A. 95-194, eff. 1-1-08.)

    
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2019–2021 · leading case: In re Mathias H., 2019 IL App (1st) 182250 (Ill. App. Ct. 2020).
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In re Mathias H., 2019 IL App (1st) 182250 (Ill. App. Ct. 2020). · cites it 4× “(West 2018)) and where the detention is governed by the County Shelter Care and Detention Home Act (Detention Act) (55 ILCS 75/1 et seq. (West 2018)). For the reasons that follow, we find that the ordinance is unenforceable because the General Assembly, pursuant to article VII,…”
Mullins v. Evans, 2021 IL App (1st) 191962 (Ill. App. Ct. 2021). “55 ILCS 75/1(a) (West 2018). However, with respect to the JTDC, section 3 of the Detention Home Act provides the chief judge with administrative control over the JTDC’s budget, subject to the approval of the county board.”
Mullins v. Evans, 2021 IL App (1st) 191962 (Ill. App. Ct. 2021). “55 ILCS 75/1(a) (West 2018). However, with respect to the JTDC, section 3 of the Detention Home Act provides the chief judge with administrative control over the JTDC’s budget, subject to the approval of the county board.”
Ahern v. Fleming (N.D. Ill. 2019). · cites it 2× “55 ILCS 75/1(a). The county board may also levy and collect a tax to fund and maintain the facilities.”
T.S v. Twentieth Century Fox Television, Inc. (N.D. Ill. 2020). “) It did so by amending the County Shelter Care and Detention Home Act ("Detention Home Act"), 55 ILCS 75/1 et seq., which allows counties in Illinois to create and maintain juvenile detention facilities.”
McKinney v. Franklin Cnty. Illinois (S.D. Ill. 2019). “Thestatute gives a county the exclusive right to eliminate its juvenile detention center.”
— 55 ILCS 75/1(a) — 3 cases
Mullins v. Evans, 2021 IL App (1st) 191962 (Ill. App. Ct. 2021). “55 ILCS 75/1(a) (West 2018). However, with respect to the JTDC, section 3 of the Detention Home Act provides the chief judge with administrative control over the JTDC’s budget, subject to the approval of the county board.”
Mullins v. Evans, 2021 IL App (1st) 191962 (Ill. App. Ct. 2021). “55 ILCS 75/1(a) (West 2018). However, with respect to the JTDC, section 3 of the Detention Home Act provides the chief judge with administrative control over the JTDC’s budget, subject to the approval of the county board.”
Ahern v. Fleming (N.D. Ill. 2019). “55 ILCS 75/1(a). The county board may also levy and collect a tax to fund and maintain the facilities.”
— 55 ILCS 75/1(b) — 1 case
Ahern v. Fleming (N.D. Ill. 2019). “55 ILCS 75/1(a). The county board may also levy and collect a tax to fund and maintain the facilities.”
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