093_HB2545enr HB2545 Enrolled 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 to victims and 26 communities for violations of law, and equip juvenile 27 offenders with competencies to live responsibly and 28 productively. 29 (2) Juveniles should be treated in the least 30 restrictive manner possible while maintaining the safety 31 of the community. HB2545 Enrolled -2- LRB093 04711 RLC 11062 b 1 (3) A continuum of services and sanctions from least 2 restrictive to most restrictive should be available in 3 every community. 4 (4) There should be local responsibility and 5 authority for planning, organizing, and coordinating 6 service resources in the community. People in the 7 community can best choose a range of services which 8 reflect community values and meet the needs of their own 9 youth. 10 (5) Juveniles who pose a threat to the community or 11 themselves need special care, including secure settings. 12 Such services as detention, long-term incarceration, or 13 residential treatment are too costly to provide in each 14 community and should be coordinated and provided on a 15 regional or Statewide basis. 16 (6) The roles of State and local government in 17 creating and maintaining services to youth in the 18 juvenile justice system should be clearly defined. The 19 role of the State is to fund services, set standards of 20 care, train service providers, and monitor the 21 integration and coordination of services. The role of 22 local government should be to oversee the provision of 23 services. 24 (b) Each county or circuit participating in the pilot 25 program must create a local plan demonstrating how it will 26 reduce the county or circuit's utilization of secure 27 confinement of juvenile offenders in the Illinois Department 28 of Corrections or county detention centers by the creation or 29 expansion of individualized services or programs that may 30 include but are not limited to the following: 31 (1) Assessment and evaluation services to provide 32 the juvenile justice system with accurate individualized 33 case information on each juvenile offender including 34 mental health, substance abuse, educational, and family HB2545 Enrolled -3- LRB093 04711 RLC 11062 b 1 information; 2 (2) Direct services to individual juvenile offenders 3 including educational, vocational, mental health, 4 substance abuse, supervision, and service coordination; 5 and 6 (3) Programs that seek to restore the offender to 7 the community, such as victim offender panels, teen 8 courts, competency building, enhanced accountability 9 measures, restitution, and community service. The local 10 plan must be directed in such a manner as to emphasize an 11 individualized approach to providing services to juvenile 12 offenders in an integrated community based system 13 including probation as the broker of services. The plan 14 must also detail the reduction in utilization of secure 15 confinement. The local plan shall be limited to services 16 and shall not 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 Department of 21 Human Services. 22 (c) A county or group of counties may develop an 23 agreement with the Department of Human Services to reduce 24 their number of commitments of juvenile offenders, excluding 25 minors sentenced based upon a finding of guilt of first 26 degree murder or an offense which is a Class X forcible 27 felony as defined in the Criminal Code of 1961, to the 28 Department of Corrections, and then use the savings to 29 develop local programming for youth who would otherwise have 30 been committed to the Department of Corrections. The county 31 or group of counties shall agree to limit their commitments 32 to 75% of the level of commitments from the average number of 33 juvenile commitments for the past 3 years, and will receive 34 the savings to redeploy for local programming for juveniles HB2545 Enrolled -4- LRB093 04711 RLC 11062 b 1 who would otherwise be held in confinement. The agreement 2 shall set forth the following: 3 (1) a Statement of the number and type of juvenile 4 offenders from the county who were held in secure 5 confinement by the Illinois Department of Corrections or 6 in county detention the previous year, and an explanation 7 of which, and how many, of these offenders might be 8 served through the proposed Redeploy Illinois Program for 9 which the funds shall be used; 10 (2) a Statement of the service needs of currently 11 confined juveniles; 12 (3) a Statement of the type of services and programs 13 to provide for the individual needs of the juvenile 14 offenders, and the research or evidence base that 15 qualifies those services and programs as proven or 16 promising practices; 17 (4) a budget indicating the costs of each service or 18 program to be funded under the plan; 19 (5) a summary of contracts and service agreements 20 indicating the treatment goals and number of juvenile 21 offenders to be served by each service provider; and 22 (6) a Statement indicating that the Redeploy 23 Illinois Program will not duplicate existing services and 24 programs. Funds for this plan shall not supplant existing 25 county funded programs. 26 (d) The Department of Human Services shall forward 27 Redeploy Illinois Program allocations to the State Treasurer 28 as provided in Section 15 of this Act. Each county shall 29 receive, maintain, and appropriate those funds in a separate 30 line item account of the probation department budget. In 31 addition, the Department of Human Services shall, upon 32 approval of the annual plan, forward 20% of the approved 33 Redeploy Illinois Program allocations to the State Treasurer 34 to be deposited in the line item account. Subsequent HB2545 Enrolled -5- LRB093 04711 RLC 11062 b 1 allocations shall be made to the county on a monthly basis. 2 It shall be the responsibility of the county through the 3 probation budget and in accordance with county policy and 4 procedure to make payments for the Redeploy Illinois Program. 5 At the end of the State of Illinois fiscal year, the county 6 shall promptly return any uncommitted and unused funds from 7 this account. 8 (e) The Department of Human Services shall be responsible 9 for the following: 10 (1) Reviewing each Redeploy Illinois Program plan 11 for compliance with standards established for such plans. 12 A plan may be approved as submitted, approved with 13 modifications, or rejected. No plan shall be considered 14 for approval if the circuit or county is not in full 15 compliance with all regulations, standards and guidelines 16 pertaining to the delivery of basic probation services as 17 established by the Supreme Court. 18 (2) Monitoring on a continual basis and evaluating 19 annually both the program and its fiscal activities in 20 all counties receiving an allocation under the Redeploy 21 Illinois Program. Any program or service that has not met 22 the goals and objectives of its contract or service 23 agreement shall be subject to denial for funding in 24 subsequent years. The Department of Human Services shall 25 evaluate the effectiveness of the Redeploy Illinois 26 Program in each circuit or county. In determining the 27 future funding for the Redeploy Illinois Program under 28 this Act, the evaluation shall include, as a primary 29 indicator of success, a decreased number of confinement 30 days for the county's juvenile offenders. 31 (f) Any Redeploy Illinois Program allocations not applied 32 for and approved by the Department of Human Services shall be 33 available for redistribution to approved plans for the 34 remainder of that fiscal year. Any county that invests local HB2545 Enrolled -6- LRB093 04711 RLC 11062 b 1 moneys in the Redeploy Illinois Program shall be given first 2 consideration for any redistribution of allocations. 3 Jurisdictions participating in Redeploy Illinois that exceed 4 their agreed upon level of commitments to the Department of 5 Corrections shall reimburse the Department of Corrections for 6 each commitment above the agreed upon level. 7 (g) Implementation of Redeploy Illinois. 8 (1) Planning Phase. 9 (i) Redeploy Illinois Oversight Board. The Department of 10 Human Services shall convene an oversight board to develop 11 plans for a pilot Redeploy Illinois Program. The Board shall 12 include, but not be limited to, designees from the Department 13 of Corrections, the Administrative Office of Illinois Courts, 14 the Illinois Juvenile Justice Commission, the Illinois 15 Criminal Justice Information Authority, the Department of 16 Children and Family Services, the State Board of Education, 17 the Cook County State's Attorney, and a State's Attorney 18 selected by the President of the Illinois State's Attorney's 19 Association. 20 (ii) Responsibilities of the Redeploy Illinois 21 Oversight Board. The Oversight Board shall: 22 (A) Identify jurisdictions to be invited in 23 the initial pilot program of Redeploy Illinois. 24 (B) Develop a formula for reimbursement of 25 local jurisdictions for local and community-based 26 services utilized in lieu of commitment to the 27 Department of Corrections, as well as for any 28 charges for local jurisdictions for commitments 29 above the agreed upon limit in the approved plan. 30 (C) Identify resources sufficient to support 31 the administration and evaluation of Redeploy 32 Illinois. 33 (D) Develop a process and identify resources to 34 support on-going monitoring and evaluation of HB2545 Enrolled -7- LRB093 04711 RLC 11062 b 1 Redeploy Illinois. 2 (E) Develop a process and identify resources to 3 support training on Redeploy Illinois. 4 (F) Report to the Governor and the General 5 Assembly on an annual basis on the progress of 6 Redeploy Illinois. 7 (iii) Length of Planning Phase. The planning phase 8 may last up to, but may in no event last longer than, 9 July 1, 2004. 10 (2) Pilot Phase. In the second phase of the Redeploy 11 Illinois program, the Department of Human Services shall 12 implement several pilot programs of Redeploy Illinois in 13 counties or groups of counties as identified by the 14 Oversight Board. Annual review of the Redeploy Illinois 15 program by the Oversight Board shall include 16 recommendations for future sites for Redeploy Illinois. 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.