| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning criminal law.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Probation and Probation Officers Act is | |||||||||||||||||||
5 | amended by changing Section 15 as follows:
| |||||||||||||||||||
6 | (730 ILCS 110/15) (from Ch. 38, par. 204-7)
| |||||||||||||||||||
7 | Sec. 15. (1) The Supreme Court of Illinois may establish a | |||||||||||||||||||
8 | Division of
Probation Services whose purpose shall be the | |||||||||||||||||||
9 | development, establishment,
promulgation, and enforcement of | |||||||||||||||||||
10 | uniform standards for probation services in
this State, and to | |||||||||||||||||||
11 | otherwise carry out the intent of this Act. The Division
may:
| |||||||||||||||||||
12 | (a) establish qualifications for chief probation | |||||||||||||||||||
13 | officers and other
probation and court services personnel | |||||||||||||||||||
14 | as to hiring, promotion, and training.
| |||||||||||||||||||
15 | (b) make available, on a timely basis, lists of those | |||||||||||||||||||
16 | applicants whose
qualifications meet the regulations | |||||||||||||||||||
17 | referred to herein, including on said
lists all candidates | |||||||||||||||||||
18 | found qualified.
| |||||||||||||||||||
19 | (c) establish a means of verifying the conditions for | |||||||||||||||||||
20 | reimbursement
under this Act and develop criteria for | |||||||||||||||||||
21 | approved costs for reimbursement.
| |||||||||||||||||||
22 | (d) develop standards and approve employee | |||||||||||||||||||
23 | compensation schedules for
probation and court services |
| |||||||
| |||||||
1 | departments.
| ||||||
2 | (e) employ sufficient personnel in the Division to | ||||||
3 | carry out the
functions of the Division.
| ||||||
4 | (f) establish a system of training and establish | ||||||
5 | standards for personnel
orientation and training.
| ||||||
6 | (g) develop standards for a system of record keeping | ||||||
7 | for cases and
programs, gather statistics, establish a | ||||||
8 | system of uniform forms, and
develop research for planning | ||||||
9 | of Probation
Services.
| ||||||
10 | (h) develop standards to assure adequate support | ||||||
11 | personnel, office
space, equipment and supplies, travel | ||||||
12 | expenses, and other essential items
necessary for | ||||||
13 | Probation and Court Services
Departments to carry out | ||||||
14 | their
duties.
| ||||||
15 | (i) review and approve annual plans submitted by
| ||||||
16 | Probation and Court
Services Departments.
| ||||||
17 | (j) monitor and evaluate all programs operated by
| ||||||
18 | Probation and Court
Services Departments, and may include | ||||||
19 | in the program evaluation criteria
such factors as the | ||||||
20 | percentage of Probation sentences for felons convicted
of | ||||||
21 | Probationable offenses.
| ||||||
22 | (k) seek the cooperation of local and State government | ||||||
23 | and private
agencies to improve the quality of probation | ||||||
24 | and
court services.
| ||||||
25 | (l) where appropriate, establish programs and | ||||||
26 | corresponding standards
designed to generally improve the |
| |||||||
| |||||||
1 | quality of
probation and court services
and reduce the | ||||||
2 | rate of adult or juvenile offenders committed to the
| ||||||
3 | Department of Corrections.
| ||||||
4 | (m) establish such other standards and regulations and | ||||||
5 | do all acts
necessary to carry out the intent and purposes | ||||||
6 | of this Act.
| ||||||
7 | The Division shall develop standards to implement the | ||||||
8 | Domestic Violence Surveillance Program established under | ||||||
9 | Section 5-8A-7 of the Unified Code of Corrections, including | ||||||
10 | (i) procurement of equipment and other services necessary to | ||||||
11 | implement the program and (ii) development of uniform | ||||||
12 | standards for the delivery of the program through county | ||||||
13 | probation departments, and develop standards for collecting | ||||||
14 | data to evaluate the impact and costs of the Domestic Violence | ||||||
15 | Surveillance Program. | ||||||
16 | The Division shall establish a model list of structured | ||||||
17 | intermediate
sanctions that may be imposed by a probation | ||||||
18 | agency for violations of terms and
conditions of a sentence of | ||||||
19 | probation, conditional discharge, or supervision.
| ||||||
20 | The Division shall establish training standards for | ||||||
21 | continuing education of probation officers and supervisors and | ||||||
22 | broaden access to available training programs. | ||||||
23 | The State of Illinois shall provide for the costs of | ||||||
24 | personnel, travel,
equipment, telecommunications, postage, | ||||||
25 | commodities, printing, space,
contractual services and other | ||||||
26 | related costs necessary to carry out the
intent of this Act.
|
| |||||||
| |||||||
1 | (2)(a) The chief judge of each circuit shall provide
| ||||||
2 | full-time probation services for all counties
within the | ||||||
3 | circuit, in a
manner consistent with the annual probation | ||||||
4 | plan,
the standards, policies,
and regulations established by | ||||||
5 | the Supreme Court. A
probation district of
two or more | ||||||
6 | counties within a circuit may be created for the purposes of
| ||||||
7 | providing full-time probation services. Every
county or group | ||||||
8 | of
counties within a circuit shall maintain a
probation | ||||||
9 | department which shall
be under the authority of the Chief | ||||||
10 | Judge of the circuit or some other
judge designated by the | ||||||
11 | Chief Judge. The Chief Judge, through the
Probation and Court | ||||||
12 | Services Department shall
submit annual plans to the
Division | ||||||
13 | for probation and related services.
| ||||||
14 | (b) The Chief Judge of each circuit shall appoint the | ||||||
15 | Chief
Probation
Officer and all other probation officers for | ||||||
16 | his
or her circuit from lists
of qualified applicants supplied | ||||||
17 | by the Supreme Court. Candidates for chief
managing officer | ||||||
18 | and other probation officer
positions must apply with both
the | ||||||
19 | Chief Judge of the circuit and the Supreme Court.
| ||||||
20 | (3) A Probation and Court Service Department
shall apply | ||||||
21 | to the
Supreme Court for funds for basic services, and may | ||||||
22 | apply for funds for new
and expanded programs or | ||||||
23 | Individualized Services and Programs. Costs shall
be | ||||||
24 | reimbursed monthly based on a plan and budget approved by the | ||||||
25 | Supreme
Court. No Department may be reimbursed for costs which | ||||||
26 | exceed or are not
provided for in the approved annual plan and |
| |||||||
| |||||||
1 | budget. After the effective
date of this amendatory Act of | ||||||
2 | 1985, each county must provide basic
services in accordance | ||||||
3 | with the annual plan and standards created by the
division. No | ||||||
4 | department may receive funds for new or expanded programs or
| ||||||
5 | individualized services and programs unless they are in | ||||||
6 | compliance with
standards as enumerated in paragraph (h) of | ||||||
7 | subsection (1) of this Section,
the annual plan, and standards | ||||||
8 | for basic services.
| ||||||
9 | (4) The Division shall reimburse the county or counties | ||||||
10 | for
probation
services as follows:
| ||||||
11 | (a) 100% of the salary of all chief managing officers | ||||||
12 | designated as such
by the Chief Judge and the division.
| ||||||
13 | (b) 100% of the salary for all probation
officer and | ||||||
14 | supervisor
positions approved for reimbursement by the | ||||||
15 | division after April 1, 1984,
to meet workload standards | ||||||
16 | and to implement intensive sanction and
probation
| ||||||
17 | supervision
programs and other basic services as defined | ||||||
18 | in this Act.
| ||||||
19 | (c) 100% of the salary for all secure detention | ||||||
20 | personnel and non-secure
group home personnel approved for | ||||||
21 | reimbursement after December 1, 1990.
For all such | ||||||
22 | positions approved for reimbursement
before
December 1, | ||||||
23 | 1990, the counties shall be reimbursed $1,250 per month | ||||||
24 | beginning
July 1, 1995, and an additional $250 per month | ||||||
25 | beginning each July 1st
thereafter until the positions | ||||||
26 | receive 100% salary reimbursement.
Allocation of such |
| |||||||
| |||||||
1 | positions will be based on comparative need considering
| ||||||
2 | capacity, staff/resident ratio, physical plant and | ||||||
3 | program.
| ||||||
4 | (d) $1,000 per month for salaries for the remaining
| ||||||
5 | probation officer
positions engaged in basic services and | ||||||
6 | new or expanded services. All such
positions shall be | ||||||
7 | approved by the division in accordance with this Act and
| ||||||
8 | division standards.
| ||||||
9 | (e) 100% of the travel expenses in accordance with | ||||||
10 | Division standards
for all Probation positions approved | ||||||
11 | under
paragraph (b) of subsection 4
of this Section.
| ||||||
12 | (f) If the amount of funds reimbursed to the county | ||||||
13 | under paragraphs
(a) through (e) of subsection 4 of this | ||||||
14 | Section on an annual basis is less
than the amount the | ||||||
15 | county had received during the 12 month period
immediately | ||||||
16 | prior to the effective date of this amendatory Act of | ||||||
17 | 1985,
then the Division shall reimburse the amount of the | ||||||
18 | difference to the
county. The effect of paragraph (b) of | ||||||
19 | subsection 7 of this Section shall
be considered in | ||||||
20 | implementing this supplemental reimbursement provision.
| ||||||
21 | (5) The Division shall provide funds beginning on April 1, | ||||||
22 | 1987 for the
counties to provide Individualized Services and | ||||||
23 | Programs as provided in
Section 16 of this Act.
| ||||||
24 | (6) A Probation and Court Services Department
in order to | ||||||
25 | be eligible
for the reimbursement must submit to the Supreme | ||||||
26 | Court an application
containing such information and in such a |
| |||||||
| |||||||
1 | form and by such dates as the
Supreme Court may require. | ||||||
2 | Departments to be eligible for funding must
satisfy the | ||||||
3 | following conditions:
| ||||||
4 | (a) The Department shall have on file with the Supreme
| ||||||
5 | Court an annual Probation plan for continuing,
improved, | ||||||
6 | and
new Probation and Court Services Programs
approved by | ||||||
7 | the Supreme Court or its
designee. This plan shall | ||||||
8 | indicate the manner in which
Probation and Court
Services | ||||||
9 | will be delivered and improved, consistent with the | ||||||
10 | minimum
standards and regulations for Probation and Court
| ||||||
11 | Services, as established
by the Supreme Court. In counties | ||||||
12 | with more than one
Probation and Court
Services Department | ||||||
13 | eligible to receive funds, all Departments within that
| ||||||
14 | county must submit plans which are approved by the Supreme | ||||||
15 | Court.
| ||||||
16 | (b) The annual probation plan shall seek to
generally | ||||||
17 | improve the
quality of probation services and to reduce | ||||||
18 | the
commitment of adult offenders to the Department of | ||||||
19 | Corrections and to reduce the
commitment of juvenile | ||||||
20 | offenders to the Department of Juvenile Justice and shall | ||||||
21 | require, when
appropriate, coordination with the | ||||||
22 | Department of Corrections, the Department of Juvenile | ||||||
23 | Justice, and the
Department of Children and Family | ||||||
24 | Services in the development and use of
community | ||||||
25 | resources, information systems, case review and permanency
| ||||||
26 | planning systems to avoid the duplication of services.
|
| |||||||
| |||||||
1 | (c) The Department shall be in compliance with | ||||||
2 | standards developed by the
Supreme Court for basic, new | ||||||
3 | and expanded services, training, personnel
hiring and | ||||||
4 | promotion.
| ||||||
5 | (d) The Department shall in its annual plan indicate | ||||||
6 | the manner in which
it will support the rights of crime | ||||||
7 | victims and in which manner it will
implement Article I, | ||||||
8 | Section 8.1 of the Illinois Constitution and in what
| ||||||
9 | manner it will coordinate crime victims' support services | ||||||
10 | with other criminal
justice agencies within its | ||||||
11 | jurisdiction, including but not limited to, the
State's | ||||||
12 | Attorney, the Sheriff and any municipal police department.
| ||||||
13 | (7) No statement shall be verified by the Supreme Court or | ||||||
14 | its
designee or vouchered by the Comptroller unless each of | ||||||
15 | the following
conditions have been met:
| ||||||
16 | (a) The probation officer is a full-time
employee | ||||||
17 | appointed by the Chief
Judge to provide probation | ||||||
18 | services.
| ||||||
19 | (b) The probation officer, in order to be
eligible for | ||||||
20 | State
reimbursement, is receiving a salary of at least | ||||||
21 | $17,000 per year.
| ||||||
22 | (c) The probation officer is appointed or
was | ||||||
23 | reappointed in accordance
with minimum qualifications or | ||||||
24 | criteria established by the Supreme
Court; however, all | ||||||
25 | probation officers appointed
prior to January 1, 1978,
| ||||||
26 | shall be exempted from the minimum requirements |
| |||||||
| |||||||
1 | established by the Supreme
Court. Payments shall be made | ||||||
2 | to counties employing these exempted
probation officers as | ||||||
3 | long as they are employed
in the position held on the
| ||||||
4 | effective date of this amendatory Act of 1985. Promotions | ||||||
5 | shall be
governed by minimum qualifications established by | ||||||
6 | the Supreme Court.
| ||||||
7 | (d) The Department has an established compensation | ||||||
8 | schedule approved by
the Supreme Court. The compensation | ||||||
9 | schedule shall include salary ranges
with necessary | ||||||
10 | increments to compensate each employee. The increments
| ||||||
11 | shall, within the salary ranges, be based on such factors | ||||||
12 | as bona fide
occupational qualifications, performance, and | ||||||
13 | length of service. Each
position in the Department shall | ||||||
14 | be placed on the compensation schedule
according to job | ||||||
15 | duties and responsibilities of such position. The policy
| ||||||
16 | and procedures of the compensation schedule shall be made | ||||||
17 | available to each
employee.
| ||||||
18 | (e) The Department shall receive reimbursement for the | ||||||
19 | employment of part-time detention officers if the officers | ||||||
20 | are fully qualified and trained, other than being | ||||||
21 | part-time, in order to maintain staffing requirements. | ||||||
22 | (8) In order to obtain full reimbursement of all approved | ||||||
23 | costs, each
Department must continue to employ at least the | ||||||
24 | same number of
probation
officers and probation managers as | ||||||
25 | were
authorized for employment for the
fiscal year which | ||||||
26 | includes January 1, 1985. This number shall be designated
as |
| |||||||
| |||||||
1 | the base amount of the Department. No positions approved by | ||||||
2 | the Division
under paragraph (b) of subsection 4 will be | ||||||
3 | included in the base amount.
In the event that the Department | ||||||
4 | employs fewer
Probation officers and
Probation managers than | ||||||
5 | the base amount for a
period of 90 days, funding
received by | ||||||
6 | the Department under subsection 4 of this
Section may be | ||||||
7 | reduced on a monthly basis by the amount of the current
| ||||||
8 | salaries of any positions below the base amount.
| ||||||
9 | (9) Before the 15th day of each month, the treasurer of any | ||||||
10 | county which
has a Probation and Court Services Department, or
| ||||||
11 | the treasurer of the most
populous county, in the case of a | ||||||
12 | Probation or
Court Services Department
funded by more than one | ||||||
13 | county, shall submit an itemized statement of all
approved | ||||||
14 | costs incurred in the delivery of Basic
Probation and Court
| ||||||
15 | Services under this Act to the Supreme Court.
The treasurer | ||||||
16 | may also submit an itemized statement of all approved costs
| ||||||
17 | incurred in the delivery of new and expanded
Probation and | ||||||
18 | Court Services
as well as Individualized Services and | ||||||
19 | Programs. The Supreme Court or
its designee shall verify | ||||||
20 | compliance with this Section and shall examine
and audit the | ||||||
21 | monthly statement and, upon finding them to be correct, shall
| ||||||
22 | forward them to the Comptroller for payment to the county | ||||||
23 | treasurer. In the
case of payment to a treasurer of a county | ||||||
24 | which is the most populous of
counties sharing the salary and | ||||||
25 | expenses of a
Probation and Court Services
Department, the | ||||||
26 | treasurer shall divide the money between the counties in a
|
| |||||||
| |||||||
1 | manner that reflects each county's share of the cost incurred | ||||||
2 | by the
Department.
| ||||||
3 | (10) The county treasurer must certify that funds received | ||||||
4 | under this
Section shall be used solely to maintain and | ||||||
5 | improve
Probation and Court
Services. The county or circuit | ||||||
6 | shall remain in compliance with all
standards, policies and | ||||||
7 | regulations established by the Supreme Court.
If at any time | ||||||
8 | the Supreme Court determines that a county or circuit is not
in | ||||||
9 | compliance, the Supreme Court shall immediately notify the | ||||||
10 | Chief Judge,
county board chairman and the Director of Court | ||||||
11 | Services Chief
Probation Officer. If after 90 days of written
| ||||||
12 | notice the noncompliance
still exists, the Supreme Court shall | ||||||
13 | be required to reduce the amount of
monthly reimbursement by | ||||||
14 | 10%. An additional 10% reduction of monthly
reimbursement | ||||||
15 | shall occur for each consecutive month of noncompliance.
| ||||||
16 | Except as provided in subsection 5 of Section 15, funding to | ||||||
17 | counties shall
commence on April 1, 1986. Funds received under | ||||||
18 | this Act shall be used to
provide for Probation Department | ||||||
19 | expenses
including those required under
Section 13 of this | ||||||
20 | Act. The Mandatory
Arbitration Fund may be used to provide for | ||||||
21 | Probation Department expenses,
including those required under | ||||||
22 | Section 13 of this Act.
| ||||||
23 | (11) The respective counties shall be responsible for | ||||||
24 | capital and space
costs, fringe benefits, clerical costs, | ||||||
25 | equipment, telecommunications,
postage, commodities and | ||||||
26 | printing.
|
| |||||||
| |||||||
1 | (12) For purposes of this Act only, probation officers | ||||||
2 | shall be
considered
peace officers. In the
exercise of their | ||||||
3 | official duties, probation
officers, sheriffs, and police
| ||||||
4 | officers may, anywhere within the State, arrest any | ||||||
5 | probationer who is in
violation of any of the conditions of his | ||||||
6 | or her probation, conditional
discharge, or supervision, and | ||||||
7 | it shall be the
duty of the officer making the arrest to take | ||||||
8 | the probationer
before the
Court having jurisdiction over the | ||||||
9 | probationer for further order.
| ||||||
10 | (Source: P.A. 100-91, eff. 8-11-17.)
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
|