093_HB2545

 
                                     LRB093 04711 RLC 11062 b

 1        AN ACT in relation to juvenile offenders,  which  may  be
 2    referred to as the Redeploy Illinois Program amendments.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Probation and Probation Officers  Act  is
 6    amended by adding Section 16.1 as follows:

 7        (730 ILCS 110/16.1 new)
 8        Sec. 16.1.  Redeploy Illinois Program.
 9        (a)  The  purpose  of  this  Section  is to encourage the
10    deinstitutionalization  of  juvenile  offenders  establishing
11    pilot  projects  in  counties  or  groups  of  counties  that
12    reallocate State funds from juvenile correctional confinement
13    to local jurisdictions, which will establish a  continuum  of
14    local,  community-based  sanctions and treatment alternatives
15    for juvenile offenders who would  be  incarcerated  if  those
16    local  services and sanctions did not exist. The allotment of
17    funds  will  be  based  on  a  formula  that  rewards   local
18    jurisdictions  for  the  establishment  or expansion of local
19    alternatives to incarceration, and requires them to  pay  for
20    utilization of incarceration as a sanction. This redeployment
21    of  funds  shall  be  made  in  a  manner consistent with the
22    Juvenile Court Act of 1987 and  the  following  purposes  and
23    policies:
24             (1)  The  juvenile justice system should protect the
25        community, impose accountability for violations  of  law,
26        and  equip  juvenile  offenders with competencies to live
27        responsibly and productively.
28             (2)  Juveniles  should  be  treated  in  the   least
29        restrictive  manner possible while maintaining the safety
30        of the community.
31             (3)  A continuum  of  services  and  sanctions  from
 
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 1        least restrictive to most restrictive should be available
 2        in every community.
 3             (4)  There   should   be  local  responsibility  and
 4        authority  for  planning,  organizing,  and  coordinating
 5        service  resources  in  the  community.  People  in   the
 6        community  can  best  choose  a  range  of services which
 7        reflect community values and meet the needs of their  own
 8        youth.
 9             (5)  Juveniles who pose a threat to the community or
10        themselves  need special care, including secure settings.
11        Such services as detention, long-term  incarceration,  or
12        residential  treatment  are too costly to provide in each
13        community and should be coordinated  and  provided  on  a
14        regional or Statewide basis.
15             (6)  The  roles  of  State  and  local government in
16        creating  and  maintaining  services  to  youth  in   the
17        juvenile  justice  system  should be clearly defined. The
18        role of the State is to fund services, set  standards  of
19        care,   train   service   providers,   and   monitor  the
20        integration and coordination of  services.  The  role  of
21        local  government  should  be to oversee the provision of
22        services.
23        (b) Each county or circuit  participating  in  the  pilot
24    program  must  create  a local plan demonstrating how it will
25    reduce  the  county  or  circuit's  utilization   of   secure
26    confinement  of juvenile offenders in the Illinois Department
27    of Corrections or county detention centers by the creation or
28    expansion of individualized services  or  programs  that  may
29    include but are not limited to the following:
30             (1)  Assessment  and  evaluation services to provide
31        the juvenile justice system with accurate  individualized
32        case  information  on  each  juvenile  offender including
33        mental health, substance abuse, educational,  and  family
34        information;
 
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 1             (2)  Direct    services   to   individual   juvenile
 2        offenders  including  educational,   vocational,   mental
 3        health,   substance   abuse,   supervision,  and  service
 4        coordination; and
 5             (3)  Programs that seek to restore the  offender  to
 6        the  community,  such  as  victim  offender  panels, teen
 7        courts,  competency  building,  enhanced   accountability
 8        measures, restitution, and community service.
 9        The  local  plan  must be directed in such a manner as to
10    emphasize an individualized approach to providing services to
11    juvenile offenders in an integrated  community  based  system
12    including  probation as the broker of services. The plan must
13    also  detail  the  reduction   in   utilization   of   secure
14    confinement.
15        The local plan shall be limited to services and shall not
16    include costs for:
17                  (i)  capital expenditures;
18                  (ii)  renovations or remodeling;
19                  (iii)  personnel costs for probation.
20        The  local  plan  shall be submitted to the Supreme Court
21    with each county's annual Probation plan.
22        (c)  A  county  or  group  of  counties  may  develop  an
23    agreement with the Supreme Court to reduce  their  number  of
24    commitments  of  juvenile  offenders  to  the  Department  of
25    Corrections,  and  then  use  the  savings  to  develop local
26    programming for youth who would otherwise have been committed
27    to the Department of Corrections.  The  county  or  group  of
28    counties shall agree to limit their commitments to 75% of the
29    level  of  commitments  from  the  average number of juvenile
30    commitments for the  past  3  years,  and  will  receive  the
31    savings  to  redeploy for local programming for juveniles who
32    would otherwise be held in confinement. The  agreement  shall
33    set forth the following:
34             (1)  a  Statement of the number and type of juvenile
 
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 1        offenders  from  the  county  who  were  held  in  secure
 2        confinement by the Illinois Department of Corrections  or
 3        in county detention the previous year, and an explanation
 4        of  which,  and  how  many,  of  these offenders might be
 5        served through the proposed Redeploy Illinois Program for
 6        which the funds shall be used;
 7             (2)  a Statement of the service needs  of  currently
 8        confined juveniles;
 9             (3)  a   Statement  of  the  type  of  services  and
10        programs to provide  for  the  individual  needs  of  the
11        juvenile  offenders,  and  the  research or evidence base
12        that qualifies those services and programs as  proven  or
13        promising practices.
14             (4)  a  budget  indicating the costs of each service
15        or program to be funded under the plan;
16             (5)  a summary of contracts and  service  agreements
17        indicating  the  treatment  goals  and number of juvenile
18        offenders to be served by each service provider; and
19             (6)  a  Statement  indicating  that   the   Redeploy
20        Illinois Program will not duplicate existing services and
21        programs. Funds for this plan shall not supplant existing
22        county funded programs.
23        (d)  The  Supreme  Court  shall forward Redeploy Illinois
24    Program allocations to the county treasurer  as  provided  in
25    Section  15 of this Act. Each county shall receive, maintain,
26    and appropriate those funds in a separate line  item  account
27    of  the probation department budget. In addition, the Supreme
28    Court shall, upon approval of the annual plan, forward 20% of
29    the approved Redeploy Illinois  Program  allocations  to  the
30    county  treasurer  to  be deposited in the line item account.
31    Subsequent allocations shall be  made  to  the  county  on  a
32    monthly  basis.  It shall be the responsibility of the county
33    through the probation budget and in  accordance  with  county
34    policy  and  procedure  to  make  payments  for  the Redeploy
 
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 1    Illinois Program. At the end of the State of Illinois  fiscal
 2    year,  the  county  shall promptly return any uncommitted and
 3    unused funds from this account.
 4        (e)  The Supreme  Court  shall  be  responsible  for  the
 5    following:
 6             (1)  Reviewing  each  Redeploy Illinois Program plan
 7        for compliance with standards established for such plans.
 8        A plan  may  be  approved  as  submitted,  approved  with
 9        modifications,  or  rejected. No plan shall be considered
10        for approval if the circuit or  county  is  not  in  full
11        compliance with all regulations, standards and guidelines
12        pertaining to the delivery of basic probation services as
13        established by the Supreme Court.
14             (2)  Monitoring  on a continual basis and evaluating
15        annually both the program and its  fiscal  activities  in
16        all  counties  receiving an allocation under the Redeploy
17        Illinois Program. Any program or service that has not met
18        the goals and  objectives  of  its  contract  or  service
19        agreement  shall  be  subject  to  denial  for funding in
20        subsequent years. The Supreme Court  shall  evaluate  the
21        effectiveness  of  the  Redeploy Illinois Program in each
22        circuit or county. In determining the future funding  for
23        the   Redeploy  Illinois  Program  under  this  Act,  the
24        evaluation shall  include,  as  a  primary  indicator  of
25        success,  a  decreased number of confinement days for the
26        county's juvenile offenders.
27        (f)  Any  Redeploy  Illinois  Program   allocations   not
28    applied  for  and  approved  by  the  Supreme  Court shall be
29    available  for  redistribution  to  approved  plans  for  the
30    remainder of that fiscal year. Any county that invests  local
31    moneys  in the Redeploy Illinois Program shall be given first
32    consideration for any redistribution of allocations.