Sen. John J. Cullerton
Filed: 4/4/2006
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1145




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    AMENDMENT NO. ______. Amend Senate Bill 1145 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Probation and Probation Officers Act is 
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amended  by changing Section 16.1 as follows:
 
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    (730 ILCS 110/16.1)

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    Sec. 16.1. Redeploy Illinois Program.


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    (a) The purpose of this Section is to encourage the

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deinstitutionalization of juvenile offenders establishing

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pilot projects in counties or groups of counties that

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reallocate State funds from juvenile correctional confinement

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to local jurisdictions, which will establish a continuum of

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local, community-based sanctions and treatment alternatives

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for juvenile offenders who would be incarcerated if those
local 
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services and sanctions did not exist. The allotment of
funds 
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will be based on a formula that rewards local
jurisdictions for 
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the establishment or expansion of local
alternatives to 
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incarceration, and requires them to pay for
utilization of 
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incarceration as a sanction. This redeployment
of funds shall 
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be made in a manner consistent with the
Juvenile Court Act of 
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1987 and the following purposes and
policies:


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        (1) The juvenile justice system should protect the

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    community, impose accountability to victims and 
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    communities for
violations of law,
and equip juvenile 
 


 






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    offenders with competencies to live
responsibly and 
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    productively.


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        (2) Juveniles should be treated in the least

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    restrictive manner possible while maintaining the safety

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    of the community.


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        (3) A continuum of services and sanctions from
least 
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    restrictive to most restrictive should be available
in 
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    every community.


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        (4) There should be local responsibility and
authority 
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    for planning, organizing, and coordinating
service 
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    resources in the community. People in the
community can 
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    best choose a range of services which
reflect community 
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    values and meet the needs of their own
youth.

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        (5) Juveniles who pose a threat to the community or

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    themselves need special care, including secure settings.

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    Such services as detention, long-term incarceration, or

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    residential treatment are too costly to provide in each

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    community and should be coordinated and provided on a

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    regional or Statewide basis.


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        (6) The roles of State and local government in
creating 
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    and maintaining services to youth in the
juvenile justice 
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    system should be clearly defined. The
role of the State is 
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    to fund services, set standards of
care, train service 
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    providers, and monitor the
integration and coordination of 
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    services. The role of
local government should be to oversee 
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    the provision of
services.

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    (b) Each county or circuit participating in the pilot

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program must create a local plan demonstrating how it will

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reduce the county or circuit's utilization of secure

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confinement of juvenile offenders in the Illinois Department
of 
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Juvenile Justice or county detention centers by the creation or

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expansion of individualized services or programs that may

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include but are not limited to the following:

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        (1) Assessment and evaluation services to provide
the 
 


 






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    juvenile justice system with accurate individualized
case 
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    information on each juvenile offender including
mental 
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    health, substance abuse, educational, and family

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    information;

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        (2) Direct services to individual juvenile
offenders 
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    including educational, vocational, mental
health, 
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    substance abuse, supervision, and service
coordination; 
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    and


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        (3) Programs that seek to restore the offender to
the 
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    community, such as victim offender panels, teen
courts, 
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    competency building, enhanced accountability
measures, 
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    restitution, and community service.
The local plan must be 
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    directed in such a manner as to
emphasize an individualized 
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    approach to providing services to
juvenile offenders in an 
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    integrated community based system
including probation as 
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    the broker of services. The plan must
also detail the 
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    reduction in utilization of secure
confinement.
The local 
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    plan shall be limited to services and shall not
include 
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    costs for:

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            (i) capital expenditures;

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            (ii) renovations or remodeling;

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            (iii) personnel costs for probation.

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    The local plan shall be submitted to the Department of 
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Human
Services.


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    (c) A county or group of counties may develop an
agreement 
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with the Department of Human Services to reduce their
number of

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commitments of juvenile offenders, excluding minors sentenced

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based upon a finding of guilt of first degree murder or an 
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offense which is a
Class X forcible felony as defined in the 
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Criminal Code of 1961, to the
Department of
Juvenile Justice, 
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and then use the savings to develop local
programming for youth 
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who would otherwise have been committed
to the Department of 
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Juvenile Justice. A
The county or group of
counties shall agree 
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to limit their commitments to 75% of the
level of commitments 
 


 






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from the average number of juvenile
commitments for the past 3 
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years, and will receive the
savings to redeploy for local 
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programming for juveniles who
would otherwise be held in 
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confinement. For any county or group of counties with a 
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decrease of juvenile commitments of at least 25%,  based on the 
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average reductions of the prior 3 years, which are chosen to 
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participate or continue as pilot sites, the Redeploy Illinois 
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Oversight Board has the authority to reduce the required 
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percentage of future commitments to achieve the purpose of this 
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Section. The agreement shall
set forth the following:

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        (1) a Statement of the number and type of juvenile

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    offenders from the county who were held in secure

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    confinement by the Illinois Department of Juvenile Justice 
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    or
in county detention the previous year, and an 
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    explanation
of which, and how many, of these offenders 
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    might be
served through the proposed Redeploy Illinois 
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    Program for
which the funds shall be used;

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        (2) a Statement of the service needs of currently

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    confined juveniles;


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        (3) a Statement of the type of services and
programs to 
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    provide for the individual needs of the
juvenile offenders, 
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    and the research or evidence base
that qualifies those 
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    services and programs as proven or
promising practices;


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        (4) a budget indicating the costs of each service
or 
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    program to be funded under the plan;

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        (5) a summary of contracts and service agreements

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    indicating the treatment goals and number of juvenile

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    offenders to be served by each service provider; and

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        (6) a Statement indicating that the Redeploy
Illinois 
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    Program will not duplicate existing services and
programs. 
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    Funds for this plan shall not supplant existing
county 
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    funded programs.


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    (d) (Blank).


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    (e) The Department of Human Services shall be responsible 
 


 






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for
the
following:


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        (1) Reviewing each Redeploy Illinois Program plan
for 
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    compliance with standards established for such plans.
A 
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    plan may be approved as submitted, approved with

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    modifications, or rejected. No plan shall be considered
for 
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    approval if the circuit or county is not in full
compliance 
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    with all regulations, standards and guidelines
pertaining 
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    to the delivery of basic probation services as
established 
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    by the Supreme Court.

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        (2) Monitoring on a continual basis and evaluating

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    annually both the program and its fiscal activities in
all 
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    counties receiving an allocation under the Redeploy

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    Illinois Program. Any program or service that has not met

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    the goals and objectives of its contract or service

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    agreement shall be subject to denial for funding in

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    subsequent years. The Department of Human Services shall

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    evaluate the
effectiveness of the Redeploy Illinois 
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    Program in each
circuit or county. In determining the 
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    future funding for
the Redeploy Illinois Program under this 
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    Act, the
evaluation shall include, as a primary indicator 
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    of
success, a decreased number of confinement days for the

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    county's juvenile offenders.


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    (f) Any Redeploy Illinois Program allocations not
applied 
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for and approved by the Department of Human Services
shall be

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available for redistribution to approved plans for the

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remainder of that fiscal year. Any county that invests local

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moneys in the Redeploy Illinois Program shall be given first

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consideration for any redistribution of allocations. 
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Jurisdictions
participating in Redeploy Illinois that exceed 
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their agreed upon level of
commitments to the Department of 
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Juvenile Justice shall reimburse the
Department of Corrections 
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for each commitment above the agreed upon
level.


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    (g) Implementation of Redeploy Illinois.


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        (1) Planning Phase.


 


 






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            (i) Redeploy Illinois Oversight Board. The 
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        Department of Human Services
shall convene an 
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        oversight board to develop plans for a pilot Redeploy

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        Illinois
Program. The Board shall include, but not be 
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        limited to, designees from the
Department of Juvenile 
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        Justice, the Administrative Office of Illinois Courts,

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        the Illinois
Juvenile Justice Commission, the Illinois 
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        Criminal Justice Information
Authority,
the Department 
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        of Children and Family Services, the State Board of 
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        Education,
the
Cook County State's Attorney, and a 
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        State's Attorney selected by the President
of the

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        Illinois State's Attorney's Association.


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            (ii) Responsibilities of the Redeploy Illinois 
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        Oversight
Board. The Oversight Board shall:

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                (A) Identify jurisdictions to be invited in 
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            the initial
pilot program of Redeploy Illinois.


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                (B) Develop a formula for reimbursement of 
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            local
jurisdictions for local and community-based 
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            services
utilized in lieu of commitment to the 
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            Department of
Juvenile Justice, as well as for any 
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            charges for local
jurisdictions for commitments 
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            above the agreed upon
limit in the approved plan.

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                (C) Identify resources sufficient to support 
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            the
administration and evaluation of Redeploy 
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            Illinois.


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                (D) Develop a process and identify resources 
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            to
support on-going monitoring and evaluation of

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            Redeploy Illinois.


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                (E) Develop a process and identify resources 
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            to
support training on Redeploy Illinois.

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                (F) Report to the Governor and the General 
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            Assembly
on an annual basis on the progress of 
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            Redeploy
Illinois.

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            (iii) Length of Planning Phase. The planning phase 
 


 






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        may last
up to, but may in no event last longer than, 
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        July 1, 2004.


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        (2) Pilot Phase. In the second phase of the Redeploy 
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    Illinois
program, the Department of Human Services shall 
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    implement
several pilot programs of Redeploy Illinois in 
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    counties or groups of
counties as identified by the 
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    Oversight Board. Annual review of
the Redeploy Illinois 
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    program by the Oversight Board shall include

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    recommendations for future sites for Redeploy Illinois.


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(Source: P.A. 93-641, eff. 12-31-03; 94-696, eff. 6-1-06.)".