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1 | AN ACT concerning probation officers.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Probation and Probation Officers Act is | |||||||||||||||||||||
5 | amended by changing Section 15 and by adding Section 9c as | |||||||||||||||||||||
6 | follows: | |||||||||||||||||||||
7 | (730 ILCS 110/9c new) | |||||||||||||||||||||
8 | Sec. 9c. Probation officers; ineligibility. A person is | |||||||||||||||||||||
9 | ineligible to be appointed as a probation officer who has been | |||||||||||||||||||||
10 | convicted of: (1) a felony that is defined as a violent crime | |||||||||||||||||||||
11 | in Section 3 of the Rights of Crime Victims and Witnesses Act; | |||||||||||||||||||||
12 | (2) a felony violation of the Illinois Controlled Substances | |||||||||||||||||||||
13 | Act; (3) a felony violation of the Cannabis Control Act; or (4) | |||||||||||||||||||||
14 | any similar felony violation of any other jurisdiction.
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15 | (730 ILCS 110/15) (from Ch. 38, par. 204-7)
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16 | Sec. 15. (1) The Supreme Court of Illinois may establish a | |||||||||||||||||||||
17 | Division of
Probation Services whose purpose shall be the | |||||||||||||||||||||
18 | development, establishment,
promulgation, and enforcement of | |||||||||||||||||||||
19 | uniform standards for probation services in
this State, and to | |||||||||||||||||||||
20 | otherwise carry out the intent of this Act. The Division
may:
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21 | (a) establish qualifications for chief probation | |||||||||||||||||||||
22 | officers and other
probation and court services personnel | |||||||||||||||||||||
23 | as to hiring, promotion, and training. The qualifications | |||||||||||||||||||||
24 | for the chief probation officer and other probation | |||||||||||||||||||||
25 | officers established under this Section are subject to | |||||||||||||||||||||
26 | Section 9c of this Act.
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27 | (b) make available, on a timely basis, lists of those | |||||||||||||||||||||
28 | applicants whose
qualifications meet the regulations | |||||||||||||||||||||
29 | referred to herein, including on said
lists all candidates | |||||||||||||||||||||
30 | found qualified.
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31 | (c) establish a means of verifying the conditions for |
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1 | reimbursement
under this Act and develop criteria for | ||||||
2 | approved costs for reimbursement.
| ||||||
3 | (d) develop standards and approve employee | ||||||
4 | compensation schedules for
probation and court services | ||||||
5 | departments.
| ||||||
6 | (e) employ sufficient personnel in the Division to | ||||||
7 | carry out the
functions of the Division.
| ||||||
8 | (f) establish a system of training and establish | ||||||
9 | standards for personnel
orientation and training.
| ||||||
10 | (g) develop standards for a system of record keeping | ||||||
11 | for cases and
programs, gather statistics, establish a | ||||||
12 | system of uniform forms, and
develop research for planning | ||||||
13 | of Probation
Services.
| ||||||
14 | (h) develop standards to assure adequate support | ||||||
15 | personnel, office
space, equipment and supplies, travel | ||||||
16 | expenses, and other essential items
necessary for | ||||||
17 | Probation and Court Services
Departments to carry out their
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18 | duties.
| ||||||
19 | (i) review and approve annual plans submitted by
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20 | Probation and Court
Services Departments.
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21 | (j) monitor and evaluate all programs operated by
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22 | Probation and Court
Services Departments, and may include | ||||||
23 | in the program evaluation criteria
such factors as the | ||||||
24 | percentage of Probation sentences for felons convicted
of | ||||||
25 | Probationable offenses.
| ||||||
26 | (k) seek the cooperation of local and State government | ||||||
27 | and private
agencies to improve the quality of probation | ||||||
28 | and
court services.
| ||||||
29 | (l) where appropriate, establish programs and | ||||||
30 | corresponding standards
designed to generally improve the | ||||||
31 | quality of
probation and court services
and reduce the rate | ||||||
32 | of adult or juvenile offenders committed to the
Department | ||||||
33 | of Corrections.
| ||||||
34 | (m) establish such other standards and regulations and | ||||||
35 | do all acts
necessary to carry out the intent and purposes | ||||||
36 | of this Act.
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1 | The Division shall establish a model list of structured | ||||||
2 | intermediate
sanctions that may be imposed by a probation | ||||||
3 | agency for violations of terms and
conditions of a sentence of | ||||||
4 | probation, conditional discharge, or supervision.
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5 | The State of Illinois shall provide for the costs of | ||||||
6 | personnel, travel,
equipment, telecommunications, postage, | ||||||
7 | commodities, printing, space,
contractual services and other | ||||||
8 | related costs necessary to carry out the
intent of this Act.
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9 | (2) (a) The chief judge of each circuit shall provide
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10 | full-time probation services for all counties
within the | ||||||
11 | circuit, in a
manner consistent with the annual probation plan,
| ||||||
12 | the standards, policies,
and regulations established by the | ||||||
13 | Supreme Court. A
probation district of
two or more counties | ||||||
14 | within a circuit may be created for the purposes of
providing | ||||||
15 | full-time probation services. Every
county or group of
counties | ||||||
16 | within a circuit shall maintain a
probation department which | ||||||
17 | shall
be under the authority of the Chief Judge of the circuit | ||||||
18 | or some other
judge designated by the Chief Judge. The Chief | ||||||
19 | Judge, through the
Probation and Court Services Department | ||||||
20 | shall
submit annual plans to the
Division for probation and | ||||||
21 | related services.
| ||||||
22 | (b) The Chief Judge of each circuit shall appoint the Chief
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23 | Probation
Officer and all other probation officers for his
or | ||||||
24 | her circuit from lists
of qualified applicants supplied by the | ||||||
25 | Supreme Court. Candidates for chief
managing officer and other | ||||||
26 | probation officer
positions must apply with both
the Chief | ||||||
27 | Judge of the circuit and the Supreme Court.
| ||||||
28 | (3) A Probation and Court Service Department
shall apply to | ||||||
29 | the
Supreme Court for funds for basic services, and may apply | ||||||
30 | for funds for new
and expanded programs or Individualized | ||||||
31 | Services and Programs. Costs shall
be reimbursed monthly based | ||||||
32 | on a plan and budget approved by the Supreme
Court. No | ||||||
33 | Department may be reimbursed for costs which exceed or are not
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34 | provided for in the approved annual plan and budget. After the | ||||||
35 | effective
date of this amendatory Act of 1985, each county must | ||||||
36 | provide basic
services in accordance with the annual plan and |
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1 | standards created by the
division. No department may receive | ||||||
2 | funds for new or expanded programs or
individualized services | ||||||
3 | and programs unless they are in compliance with
standards as | ||||||
4 | enumerated in paragraph (h) of subsection (1) of this Section,
| ||||||
5 | the annual plan, and standards for basic services.
| ||||||
6 | (4) The Division shall reimburse the county or counties for
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7 | probation
services as follows:
| ||||||
8 | (a) 100% of the salary of all chief managing officers | ||||||
9 | designated as such
by the Chief Judge and the division.
| ||||||
10 | (b) 100% of the salary for all probation
officer and | ||||||
11 | supervisor
positions approved for reimbursement by the | ||||||
12 | division after April 1, 1984,
to meet workload standards | ||||||
13 | and to implement intensive sanction and
probation
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14 | supervision
programs and other basic services as defined in | ||||||
15 | this Act.
| ||||||
16 | (c) 100% of the salary for all secure detention | ||||||
17 | personnel and non-secure
group home personnel approved for | ||||||
18 | reimbursement after December 1, 1990.
For all such | ||||||
19 | positions approved for reimbursement
before
December 1, | ||||||
20 | 1990, the counties shall be reimbursed $1,250 per month | ||||||
21 | beginning
July 1, 1995, and an additional $250 per month | ||||||
22 | beginning each July 1st
thereafter until the positions | ||||||
23 | receive 100% salary reimbursement.
Allocation of such | ||||||
24 | positions will be based on comparative need considering
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25 | capacity, staff/resident ratio, physical plant and | ||||||
26 | program.
| ||||||
27 | (d) $1,000 per month for salaries for the remaining
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28 | probation officer
positions engaged in basic services and | ||||||
29 | new or expanded services. All such
positions shall be | ||||||
30 | approved by the division in accordance with this Act and
| ||||||
31 | division standards.
| ||||||
32 | (e) 100% of the travel expenses in accordance with | ||||||
33 | Division standards
for all Probation positions approved | ||||||
34 | under
paragraph (b) of subsection 4
of this Section.
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35 | (f) If the amount of funds reimbursed to the county | ||||||
36 | under paragraphs
(a) through (e) of subsection 4 of this |
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1 | Section on an annual basis is less
than the amount the | ||||||
2 | county had received during the 12 month period
immediately | ||||||
3 | prior to the effective date of this amendatory Act of 1985,
| ||||||
4 | then the Division shall reimburse the amount of the | ||||||
5 | difference to the
county. The effect of paragraph (b) of | ||||||
6 | subsection 7 of this Section shall
be considered in | ||||||
7 | implementing this supplemental reimbursement provision.
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8 | (5) The Division shall provide funds beginning on April 1, | ||||||
9 | 1987 for the
counties to provide Individualized Services and | ||||||
10 | Programs as provided in
Section 16 of this Act.
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11 | (6) A Probation and Court Services Department
in order to | ||||||
12 | be eligible
for the reimbursement must submit to the Supreme | ||||||
13 | Court an application
containing such information and in such a | ||||||
14 | form and by such dates as the
Supreme Court may require. | ||||||
15 | Departments to be eligible for funding must
satisfy the | ||||||
16 | following conditions:
| ||||||
17 | (a) The Department shall have on file with the Supreme
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18 | Court an annual Probation plan for continuing,
improved, | ||||||
19 | and
new Probation and Court Services Programs
approved by | ||||||
20 | the Supreme Court or its
designee. This plan shall indicate | ||||||
21 | the manner in which
Probation and Court
Services will be | ||||||
22 | delivered and improved, consistent with the minimum
| ||||||
23 | standards and regulations for Probation and Court
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24 | Services, as established
by the Supreme Court. In counties | ||||||
25 | with more than one
Probation and Court
Services Department | ||||||
26 | eligible to receive funds, all Departments within that
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27 | county must submit plans which are approved by the Supreme | ||||||
28 | Court.
| ||||||
29 | (b) The annual probation plan shall seek to
generally | ||||||
30 | improve the
quality of probation services and to reduce the
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31 | commitment of adult and
juvenile offenders to the | ||||||
32 | Department of Corrections and shall require, when
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33 | appropriate, coordination with the Department of | ||||||
34 | Corrections and the
Department of Children and Family | ||||||
35 | Services in the development and use of
community resources, | ||||||
36 | information systems, case review and permanency
planning |
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1 | systems to avoid the duplication of services.
| ||||||
2 | (c) The Department shall be in compliance with | ||||||
3 | standards developed by the
Supreme Court for basic, new and | ||||||
4 | expanded services, training, personnel
hiring and | ||||||
5 | promotion.
| ||||||
6 | (d) The Department shall in its annual plan indicate | ||||||
7 | the manner in which
it will support the rights of crime | ||||||
8 | victims and in which manner it will
implement Article I, | ||||||
9 | Section 8.1 of the Illinois Constitution and in what
manner | ||||||
10 | it will coordinate crime victims' support services with | ||||||
11 | other criminal
justice agencies within its jurisdiction, | ||||||
12 | including but not limited to, the
State's Attorney, the | ||||||
13 | Sheriff and any municipal police department.
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14 | (7) No statement shall be verified by the Supreme Court or | ||||||
15 | its
designee or vouchered by the Comptroller unless each of the | ||||||
16 | following
conditions have been met:
| ||||||
17 | (a) The probation officer is a full-time
employee | ||||||
18 | appointed by the Chief
Judge to provide probation 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,
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26 | shall be exempted from the minimum requirements | ||||||
27 | established by the Supreme
Court. Payments shall be made to | ||||||
28 | counties employing these exempted
probation officers as | ||||||
29 | long as they are employed
in the position held on the
| ||||||
30 | effective date of this amendatory Act of 1985. Promotions | ||||||
31 | shall be
governed by minimum qualifications established by | ||||||
32 | the Supreme Court.
| ||||||
33 | (d) The Department has an established compensation | ||||||
34 | schedule approved by
the Supreme Court. The compensation | ||||||
35 | schedule shall include salary ranges
with necessary | ||||||
36 | increments to compensate each employee. The increments
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1 | shall, within the salary ranges, be based on such factors | ||||||
2 | as bona fide
occupational qualifications, performance, and | ||||||
3 | length of service. Each
position in the Department shall be | ||||||
4 | placed on the compensation schedule
according to job duties | ||||||
5 | and responsibilities of such position. The policy
and | ||||||
6 | procedures of the compensation schedule shall be made | ||||||
7 | available to each
employee.
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8 | (8) In order to obtain full reimbursement of all approved | ||||||
9 | costs, each
Department must continue to employ at least the | ||||||
10 | same number of
probation
officers and probation managers as | ||||||
11 | were
authorized for employment for the
fiscal year which | ||||||
12 | includes January 1, 1985. This number shall be designated
as | ||||||
13 | the base amount of the Department. No positions approved by the | ||||||
14 | Division
under paragraph (b) of subsection 4 will be included | ||||||
15 | in the base amount.
In the event that the Department employs | ||||||
16 | fewer
Probation officers and
Probation managers than the base | ||||||
17 | amount for a
period of 90 days, funding
received by the | ||||||
18 | Department under subsection 4 of this
Section may be reduced on | ||||||
19 | a monthly basis by the amount of the current
salaries of any | ||||||
20 | positions below the base amount.
| ||||||
21 | (9) Before the 15th day of each month, the treasurer of any | ||||||
22 | county which
has a Probation and Court Services Department, or
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23 | the treasurer of the most
populous county, in the case of a | ||||||
24 | Probation or
Court Services Department
funded by more than one | ||||||
25 | county, shall submit an itemized statement of all
approved | ||||||
26 | costs incurred in the delivery of Basic
Probation and Court
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27 | Services under this Act to the Supreme Court.
The treasurer may | ||||||
28 | also submit an itemized statement of all approved costs
| ||||||
29 | incurred in the delivery of new and expanded
Probation and | ||||||
30 | Court Services
as well as Individualized Services and Programs. | ||||||
31 | The Supreme Court or
its designee shall verify compliance with | ||||||
32 | this Section and shall examine
and audit the monthly statement | ||||||
33 | and, upon finding them to be correct, shall
forward them to the | ||||||
34 | Comptroller for payment to the county treasurer. In the
case of | ||||||
35 | payment to a treasurer of a county which is the most populous | ||||||
36 | of
counties sharing the salary and expenses of a
Probation and |
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1 | Court Services
Department, the treasurer shall divide the money | ||||||
2 | between the counties in a
manner that reflects each county's | ||||||
3 | share of the cost incurred by the
Department.
| ||||||
4 | (10) The county treasurer must certify that funds received | ||||||
5 | under this
Section shall be used solely to maintain and improve
| ||||||
6 | Probation and Court
Services. The county or circuit shall | ||||||
7 | remain in compliance with all
standards, policies and | ||||||
8 | regulations established by the Supreme Court.
If at any time | ||||||
9 | the Supreme Court determines that a county or circuit is not
in | ||||||
10 | compliance, the Supreme Court shall immediately notify the | ||||||
11 | Chief Judge,
county board chairman and the Director of Court | ||||||
12 | Services Chief
Probation Officer. If after 90 days of written
| ||||||
13 | notice the noncompliance
still exists, the Supreme Court shall | ||||||
14 | be required to reduce the amount of
monthly reimbursement by | ||||||
15 | 10%. An additional 10% reduction of monthly
reimbursement shall | ||||||
16 | occur for each consecutive month of noncompliance.
Except as | ||||||
17 | provided in subsection 5 of Section 15, funding to counties | ||||||
18 | shall
commence on April 1, 1986. Funds received under this Act | ||||||
19 | shall be used to
provide for Probation Department expenses
| ||||||
20 | including those required under
Section 13 of this Act. For | ||||||
21 | State fiscal year 2004 only, the Mandatory
Arbitration Fund may | ||||||
22 | be used to provide for Probation Department expenses,
including | ||||||
23 | those required under Section 13 of this Act.
| ||||||
24 | (11) The respective counties shall be responsible for | ||||||
25 | capital and space
costs, fringe benefits, clerical costs, | ||||||
26 | equipment, telecommunications,
postage, commodities and | ||||||
27 | printing.
| ||||||
28 | (12) For purposes of this Act only, probation officers | ||||||
29 | shall be
considered
peace officers. In the
exercise of their | ||||||
30 | official duties, probation
officers, sheriffs, and police
| ||||||
31 | officers may, anywhere within the State, arrest any probationer | ||||||
32 | who is in
violation of any of the conditions of his or her | ||||||
33 | probation, conditional
discharge, or supervision, and it shall | ||||||
34 | be the
duty of the officer making the arrest to take the | ||||||
35 | probationer
before the
Court having jurisdiction over the | ||||||
36 | probationer for further order.
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1 | (Source: P.A. 93-25, eff. 6-20-03; 93-576, eff. 1-1-04; revised | ||||||
2 | 9-23-03.)
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