|
|||||||
| |||||||
| |||||||
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 16.1 as follows: | ||||||
6 | (730 ILCS 110/16.1)
| ||||||
7 | Sec. 16.1. Redeploy Illinois Program.
| ||||||
8 | (a) The purpose of this Section is to encourage the
| ||||||
9 | deinstitutionalization of juvenile offenders establishing
| ||||||
10 | pilot projects in counties or groups of counties that
| ||||||
11 | reallocate State funds from juvenile correctional confinement
| ||||||
12 | to local jurisdictions, which will establish a continuum of
| ||||||
13 | local, community-based sanctions and treatment alternatives
| ||||||
14 | for juvenile offenders who would be incarcerated if those
local | ||||||
15 | services and sanctions did not exist. The allotment of
funds | ||||||
16 | will be based on a formula that rewards local
jurisdictions for | ||||||
17 | the establishment or expansion of local
alternatives to | ||||||
18 | incarceration, and requires them to pay for
utilization of | ||||||
19 | incarceration as a sanction. This redeployment
of funds shall | ||||||
20 | be made in a manner consistent with the
Juvenile Court Act of | ||||||
21 | 1987 and the following purposes and
policies:
| ||||||
22 | (1) The juvenile justice system should protect the
| ||||||
23 | community, impose accountability to victims and | ||||||
24 | communities for
violations of law,
and equip juvenile | ||||||
25 | offenders with competencies to live
responsibly and | ||||||
26 | productively.
| ||||||
27 | (2) Juveniles should be treated in the least
| ||||||
28 | restrictive manner possible while maintaining the safety
| ||||||
29 | of the community.
| ||||||
30 | (3) A continuum of services and sanctions from
least | ||||||
31 | restrictive to most restrictive should be available
in | ||||||
32 | every community.
|
| |||||||
| |||||||
1 | (4) There should be local responsibility and
authority | ||||||
2 | for planning, organizing, and coordinating
service | ||||||
3 | resources in the community. People in the
community can | ||||||
4 | best choose a range of services which
reflect community | ||||||
5 | values and meet the needs of their own
youth.
| ||||||
6 | (5) Juveniles who pose a threat to the community or
| ||||||
7 | themselves need special care, including secure settings.
| ||||||
8 | Such services as detention, long-term incarceration, or
| ||||||
9 | residential treatment are too costly to provide in each
| ||||||
10 | community and should be coordinated and provided on a
| ||||||
11 | regional or Statewide basis.
| ||||||
12 | (6) The roles of State and local government in
creating | ||||||
13 | and maintaining services to youth in the
juvenile justice | ||||||
14 | system should be clearly defined. The
role of the State is | ||||||
15 | to fund services, set standards of
care, train service | ||||||
16 | providers, and monitor the
integration and coordination of | ||||||
17 | services. The role of
local government should be to oversee | ||||||
18 | the provision of
services.
| ||||||
19 | (b) Each county or circuit participating in the pilot
| ||||||
20 | program must create a local plan demonstrating how it will
| ||||||
21 | reduce the county or circuit's utilization of secure
| ||||||
22 | confinement of juvenile offenders in the Illinois Department
of | ||||||
23 | Juvenile Justice or county detention centers by the creation or
| ||||||
24 | expansion of individualized services or programs that may
| ||||||
25 | include but are not limited to the following:
| ||||||
26 | (1) Assessment and evaluation services to provide
the | ||||||
27 | juvenile justice system with accurate individualized
case | ||||||
28 | information on each juvenile offender including
mental | ||||||
29 | health, substance abuse, educational, and family
| ||||||
30 | information;
| ||||||
31 | (2) Direct services to individual juvenile
offenders | ||||||
32 | including educational, vocational, mental
health, | ||||||
33 | substance abuse, supervision, and service
coordination; | ||||||
34 | and
| ||||||
35 | (3) Programs that seek to restore the offender to
the | ||||||
36 | community, such as victim offender panels, teen
courts, |
| |||||||
| |||||||
1 | competency building, enhanced accountability
measures, | ||||||
2 | restitution, and community service.
The local plan must be | ||||||
3 | directed in such a manner as to
emphasize an individualized | ||||||
4 | approach to providing services to
juvenile offenders in an | ||||||
5 | integrated community based system
including probation as | ||||||
6 | the broker of services. The plan must
also detail the | ||||||
7 | reduction in utilization of secure
confinement.
The local | ||||||
8 | plan shall be limited to services and shall not
include | ||||||
9 | costs for:
| ||||||
10 | (i) capital expenditures;
| ||||||
11 | (ii) renovations or remodeling;
| ||||||
12 | (iii) personnel costs for probation.
| ||||||
13 | The local plan shall be submitted to the Department of | ||||||
14 | Human
Services.
| ||||||
15 | (c) A county or group of counties may develop an
agreement | ||||||
16 | with the Department of Human Services to reduce their
number of
| ||||||
17 | commitments of juvenile offenders, excluding minors sentenced
| ||||||
18 | based upon a finding of guilt of first degree murder or an | ||||||
19 | offense which is a
Class X forcible felony as defined in the | ||||||
20 | Criminal Code of 1961, to the
Department of
Juvenile Justice, | ||||||
21 | and then use the savings to develop local
programming for youth | ||||||
22 | who would otherwise have been committed
to the Department of | ||||||
23 | Juvenile Justice. A
The county or group of
counties shall agree | ||||||
24 | to limit their commitments to 75% of the
level of commitments | ||||||
25 | from the average number of juvenile
commitments for the past 3 | ||||||
26 | years, and will receive the
savings to redeploy for local | ||||||
27 | programming for juveniles who
would otherwise be held in | ||||||
28 | confinement. For any county or group of counties with a | ||||||
29 | decrease of juvenile commitments of at least 25%, based on the | ||||||
30 | average reductions of the prior 3 years, which are chosen to | ||||||
31 | participate or continue as pilot sites, the Redeploy Illinois | ||||||
32 | Oversight Board has the authority to reduce the required | ||||||
33 | percentage of future commitments to achieve the purpose of this | ||||||
34 | Section. The agreement shall
set forth the following:
| ||||||
35 | (1) a Statement of the number and type of juvenile
| ||||||
36 | offenders from the county who were held in secure
|
| |||||||
| |||||||
1 | confinement by the Illinois Department of Juvenile Justice | ||||||
2 | or
in county detention the previous year, and an | ||||||
3 | explanation
of which, and how many, of these offenders | ||||||
4 | might be
served through the proposed Redeploy Illinois | ||||||
5 | Program for
which the funds shall be used;
| ||||||
6 | (2) a Statement of the service needs of currently
| ||||||
7 | confined juveniles;
| ||||||
8 | (3) a Statement of the type of services and
programs to | ||||||
9 | provide for the individual needs of the
juvenile offenders, | ||||||
10 | and the research or evidence base
that qualifies those | ||||||
11 | services and programs as proven or
promising practices;
| ||||||
12 | (4) a budget indicating the costs of each service
or | ||||||
13 | program to be funded under the plan;
| ||||||
14 | (5) a summary of contracts and service agreements
| ||||||
15 | indicating the treatment goals and number of juvenile
| ||||||
16 | offenders to be served by each service provider; and
| ||||||
17 | (6) a Statement indicating that the Redeploy
Illinois | ||||||
18 | Program will not duplicate existing services and
programs. | ||||||
19 | Funds for this plan shall not supplant existing
county | ||||||
20 | funded programs.
| ||||||
21 | (d) (Blank).
| ||||||
22 | (e) The Department of Human Services shall be responsible | ||||||
23 | for
the
following:
| ||||||
24 | (1) Reviewing each Redeploy Illinois Program plan
for | ||||||
25 | compliance with standards established for such plans.
A | ||||||
26 | plan may be approved as submitted, approved with
| ||||||
27 | modifications, or rejected. No plan shall be considered
for | ||||||
28 | approval if the circuit or county is not in full
compliance | ||||||
29 | with all regulations, standards and guidelines
pertaining | ||||||
30 | to the delivery of basic probation services as
established | ||||||
31 | by the Supreme Court.
| ||||||
32 | (2) Monitoring on a continual basis and evaluating
| ||||||
33 | annually both the program and its fiscal activities in
all | ||||||
34 | counties receiving an allocation under the Redeploy
| ||||||
35 | Illinois Program. Any program or service that has not met
| ||||||
36 | the goals and objectives of its contract or service
|
| |||||||
| |||||||
1 | agreement shall be subject to denial for funding in
| ||||||
2 | subsequent years. The Department of Human Services shall
| ||||||
3 | evaluate the
effectiveness of the Redeploy Illinois | ||||||
4 | Program in each
circuit or county. In determining the | ||||||
5 | future funding for
the Redeploy Illinois Program under this | ||||||
6 | Act, the
evaluation shall include, as a primary indicator | ||||||
7 | of
success, a decreased number of confinement days for the
| ||||||
8 | county's juvenile offenders.
| ||||||
9 | (f) Any Redeploy Illinois Program allocations not
applied | ||||||
10 | for and approved by the Department of Human Services
shall be
| ||||||
11 | available for redistribution to approved plans for the
| ||||||
12 | remainder of that fiscal year. Any county that invests local
| ||||||
13 | moneys in the Redeploy Illinois Program shall be given first
| ||||||
14 | consideration for any redistribution of allocations. | ||||||
15 | Jurisdictions
participating in Redeploy Illinois that exceed | ||||||
16 | their agreed upon level of
commitments to the Department of | ||||||
17 | Juvenile Justice shall reimburse the
Department of Corrections | ||||||
18 | for each commitment above the agreed upon
level.
| ||||||
19 | (g) Implementation of Redeploy Illinois.
| ||||||
20 | (1) Planning Phase.
| ||||||
21 | (i) Redeploy Illinois Oversight Board. The | ||||||
22 | Department of Human Services
shall convene an | ||||||
23 | oversight board to develop plans for a pilot Redeploy
| ||||||
24 | Illinois
Program. The Board shall include, but not be | ||||||
25 | limited to, designees from the
Department of Juvenile | ||||||
26 | Justice, the Administrative Office of Illinois Courts,
| ||||||
27 | the Illinois
Juvenile Justice Commission, the Illinois | ||||||
28 | Criminal Justice Information
Authority,
the Department | ||||||
29 | of Children and Family Services, the State Board of | ||||||
30 | Education,
the
Cook County State's Attorney, and a | ||||||
31 | State's Attorney selected by the President
of the
| ||||||
32 | Illinois State's Attorney's Association.
| ||||||
33 | (ii) Responsibilities of the Redeploy Illinois | ||||||
34 | Oversight
Board. The Oversight Board shall:
| ||||||
35 | (A) Identify jurisdictions to be invited in | ||||||
36 | the initial
pilot program of Redeploy Illinois.
|
| |||||||
| |||||||
1 | (B) Develop a formula for reimbursement of | ||||||
2 | local
jurisdictions for local and community-based | ||||||
3 | services
utilized in lieu of commitment to the | ||||||
4 | Department of
Juvenile Justice, as well as for any | ||||||
5 | charges for local
jurisdictions for commitments | ||||||
6 | above the agreed upon
limit in the approved plan.
| ||||||
7 | (C) Identify resources sufficient to support | ||||||
8 | the
administration and evaluation of Redeploy | ||||||
9 | Illinois.
| ||||||
10 | (D) Develop a process and identify resources | ||||||
11 | to
support on-going monitoring and evaluation of
| ||||||
12 | Redeploy Illinois.
| ||||||
13 | (E) Develop a process and identify resources | ||||||
14 | to
support training on Redeploy Illinois.
| ||||||
15 | (F) Report to the Governor and the General | ||||||
16 | Assembly
on an annual basis on the progress of | ||||||
17 | Redeploy
Illinois.
| ||||||
18 | (iii) Length of Planning Phase. The planning phase | ||||||
19 | may last
up to, but may in no event last longer than, | ||||||
20 | July 1, 2004.
| ||||||
21 | (2) Pilot Phase. In the second phase of the Redeploy | ||||||
22 | Illinois
program, the Department of Human Services shall | ||||||
23 | implement
several pilot programs of Redeploy Illinois in | ||||||
24 | counties or groups of
counties as identified by the | ||||||
25 | Oversight Board. Annual review of
the Redeploy Illinois | ||||||
26 | program by the Oversight Board shall include
| ||||||
27 | recommendations for future sites for Redeploy Illinois.
| ||||||
28 | (Source: P.A. 93-641, eff. 12-31-03; 94-696, eff. 6-1-06.) |