Rep. Suzanne Bassi
Filed: 4/15/2008
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 3038
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 3038, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 1, on page 1, line 8, by deleting "Section 5. The Department of | ||||||
5 | State Police Law of the Civil"; and
| ||||||
6 | by deleting lines 9 through 15 on page 1 and lines 1 through 4 | ||||||
7 | on page 2; and | ||||||
8 | on page 2, by deleting lines 9 through 22; and | ||||||
9 | by deleting all of pages 3, 4, and 5; and | ||||||
10 | by deleting lines 24 and 25 on page 13 and lines 1 through 3 on | ||||||
11 | page 14; and | ||||||
12 | on page 17, line 4, by inserting after the period the | ||||||
13 | following: |
| |||||||
| |||||||
1 | " The court may order the respondent in any intimate partner | ||||||
2 | relationship to report to a protocol approved partner abuse | ||||||
3 | intervention program for an assessment and to follow all | ||||||
4 | recommended treatment. "; and | ||||||
5 | on page 25, by replacing lines 9 through 13 with the following: | ||||||
6 | " (18) Order for risk assessment evaluation. Order the | ||||||
7 | respondent to undergo a risk assessment evaluation per | ||||||
8 | protocols set by the Illinois Department of Human Services | ||||||
9 | under such terms and conditions as the court may direct. "; | ||||||
10 | and | ||||||
11 | on page 71, line 15, by inserting after " court " the following: | ||||||
12 | " (the supervising authority) "; and | ||||||
13 | on page 72, line 15, by replacing " Illinois State Police " with | ||||||
14 | " supervising authority "; and | ||||||
15 | on page 73, by inserting immediately below line 24 the | ||||||
16 | following: | ||||||
17 | "Section 26. The Probation and Probation Officers Act is | ||||||
18 | amended by changing Section 15 as follows:
| ||||||
19 | (730 ILCS 110/15) (from Ch. 38, par. 204-7)
| ||||||
20 | Sec. 15. (1) The Supreme Court of Illinois may establish a |
| |||||||
| |||||||
1 | Division of
Probation Services whose purpose shall be the | ||||||
2 | development, establishment,
promulgation, and enforcement of | ||||||
3 | uniform standards for probation services in
this State, and to | ||||||
4 | otherwise carry out the intent of this Act. The Division
may:
| ||||||
5 | (a) establish qualifications for chief probation | ||||||
6 | officers and other
probation and court services personnel | ||||||
7 | as to hiring, promotion, and training.
| ||||||
8 | (b) make available, on a timely basis, lists of those | ||||||
9 | applicants whose
qualifications meet the regulations | ||||||
10 | referred to herein, including on said
lists all candidates | ||||||
11 | found qualified.
| ||||||
12 | (c) establish a means of verifying the conditions for | ||||||
13 | reimbursement
under this Act and develop criteria for | ||||||
14 | approved costs for reimbursement.
| ||||||
15 | (d) develop standards and approve employee | ||||||
16 | compensation schedules for
probation and court services | ||||||
17 | departments.
| ||||||
18 | (e) employ sufficient personnel in the Division to | ||||||
19 | carry out the
functions of the Division.
| ||||||
20 | (f) establish a system of training and establish | ||||||
21 | standards for personnel
orientation and training.
| ||||||
22 | (g) develop standards for a system of record keeping | ||||||
23 | for cases and
programs, gather statistics, establish a | ||||||
24 | system of uniform forms, and
develop research for planning | ||||||
25 | of Probation
Services.
| ||||||
26 | (h) develop standards to assure adequate support |
| |||||||
| |||||||
1 | personnel, office
space, equipment and supplies, travel | ||||||
2 | expenses, and other essential items
necessary for | ||||||
3 | Probation and Court Services
Departments to carry out their
| ||||||
4 | duties.
| ||||||
5 | (i) review and approve annual plans submitted by
| ||||||
6 | Probation and Court
Services Departments.
| ||||||
7 | (j) monitor and evaluate all programs operated by
| ||||||
8 | Probation and Court
Services Departments, and may include | ||||||
9 | in the program evaluation criteria
such factors as the | ||||||
10 | percentage of Probation sentences for felons convicted
of | ||||||
11 | Probationable offenses.
| ||||||
12 | (k) seek the cooperation of local and State government | ||||||
13 | and private
agencies to improve the quality of probation | ||||||
14 | and
court services.
| ||||||
15 | (l) where appropriate, establish programs and | ||||||
16 | corresponding standards
designed to generally improve the | ||||||
17 | quality of
probation and court services
and reduce the rate | ||||||
18 | of adult or juvenile offenders committed to the
Department | ||||||
19 | of Corrections.
| ||||||
20 | (m) establish such other standards and regulations and | ||||||
21 | do all acts
necessary to carry out the intent and purposes | ||||||
22 | of this Act.
| ||||||
23 | (n) develop standards to implement the Domestic | ||||||
24 | Violence Surveillance Program established under Section | ||||||
25 | 5-8A-7 of the Unified Code of Corrections including (i) | ||||||
26 | procurement of equipment and other services necessary to |
| |||||||
| |||||||
1 | implement the program and (ii) development of uniform | ||||||
2 | standards for the delivery of the program through county | ||||||
3 | probation departments. | ||||||
4 | The Division shall establish a model list of structured | ||||||
5 | intermediate
sanctions that may be imposed by a probation | ||||||
6 | agency for violations of terms and
conditions of a sentence of | ||||||
7 | probation, conditional discharge, or supervision.
| ||||||
8 | The State of Illinois shall provide for the costs of | ||||||
9 | personnel, travel,
equipment, telecommunications, postage, | ||||||
10 | commodities, printing, space,
contractual services and other | ||||||
11 | related costs necessary to carry out the
intent of this Act.
| ||||||
12 | (2) (a) The chief judge of each circuit shall provide
| ||||||
13 | full-time probation services for all counties
within the | ||||||
14 | circuit, in a
manner consistent with the annual probation plan,
| ||||||
15 | the standards, policies,
and regulations established by the | ||||||
16 | Supreme Court. A
probation district of
two or more counties | ||||||
17 | within a circuit may be created for the purposes of
providing | ||||||
18 | full-time probation services. Every
county or group of
counties | ||||||
19 | within a circuit shall maintain a
probation department which | ||||||
20 | shall
be under the authority of the Chief Judge of the circuit | ||||||
21 | or some other
judge designated by the Chief Judge. The Chief | ||||||
22 | Judge, through the
Probation and Court Services Department | ||||||
23 | shall
submit annual plans to the
Division for probation and | ||||||
24 | related services.
| ||||||
25 | (b) The Chief Judge of each circuit shall appoint the Chief
| ||||||
26 | Probation
Officer and all other probation officers for his
or |
| |||||||
| |||||||
1 | her circuit from lists
of qualified applicants supplied by the | ||||||
2 | Supreme Court. Candidates for chief
managing officer and other | ||||||
3 | probation officer
positions must apply with both
the Chief | ||||||
4 | Judge of the circuit and the Supreme Court.
| ||||||
5 | (3) A Probation and Court Service Department
shall apply to | ||||||
6 | the
Supreme Court for funds for basic services, and may apply | ||||||
7 | for funds for new
and expanded programs or Individualized | ||||||
8 | Services and Programs. Costs shall
be reimbursed monthly based | ||||||
9 | on a plan and budget approved by the Supreme
Court. No | ||||||
10 | Department may be reimbursed for costs which exceed or are not
| ||||||
11 | provided for in the approved annual plan and budget. After the | ||||||
12 | effective
date of this amendatory Act of 1985, each county must | ||||||
13 | provide basic
services in accordance with the annual plan and | ||||||
14 | standards created by the
division. No department may receive | ||||||
15 | funds for new or expanded programs or
individualized services | ||||||
16 | and programs unless they are in compliance with
standards as | ||||||
17 | enumerated in paragraph (h) of subsection (1) of this Section,
| ||||||
18 | the annual plan, and standards for basic services.
| ||||||
19 | (4) The Division shall reimburse the county or counties for
| ||||||
20 | probation
services as follows:
| ||||||
21 | (a) 100% of the salary of all chief managing officers | ||||||
22 | designated as such
by the Chief Judge and the division.
| ||||||
23 | (b) 100% of the salary for all probation
officer and | ||||||
24 | supervisor
positions approved for reimbursement by the | ||||||
25 | division after April 1, 1984,
to meet workload standards | ||||||
26 | and to implement intensive sanction and
probation
|
| |||||||
| |||||||
1 | supervision
programs and other basic services as defined in | ||||||
2 | this Act.
| ||||||
3 | (c) 100% of the salary for all secure detention | ||||||
4 | personnel and non-secure
group home personnel approved for | ||||||
5 | reimbursement after December 1, 1990.
For all such | ||||||
6 | positions approved for reimbursement
before
December 1, | ||||||
7 | 1990, the counties shall be reimbursed $1,250 per month | ||||||
8 | beginning
July 1, 1995, and an additional $250 per month | ||||||
9 | beginning each July 1st
thereafter until the positions | ||||||
10 | receive 100% salary reimbursement.
Allocation of such | ||||||
11 | positions will be based on comparative need considering
| ||||||
12 | capacity, staff/resident ratio, physical plant and | ||||||
13 | program.
| ||||||
14 | (d) $1,000 per month for salaries for the remaining
| ||||||
15 | probation officer
positions engaged in basic services and | ||||||
16 | new or expanded services. All such
positions shall be | ||||||
17 | approved by the division in accordance with this Act and
| ||||||
18 | division standards.
| ||||||
19 | (e) 100% of the travel expenses in accordance with | ||||||
20 | Division standards
for all Probation positions approved | ||||||
21 | under
paragraph (b) of subsection 4
of this Section.
| ||||||
22 | (f) If the amount of funds reimbursed to the county | ||||||
23 | under paragraphs
(a) through (e) of subsection 4 of this | ||||||
24 | Section on an annual basis is less
than the amount the | ||||||
25 | county had received during the 12 month period
immediately | ||||||
26 | prior to the effective date of this amendatory Act of 1985,
|
| |||||||
| |||||||
1 | then the Division shall reimburse the amount of the | ||||||
2 | difference to the
county. The effect of paragraph (b) of | ||||||
3 | subsection 7 of this Section shall
be considered in | ||||||
4 | implementing this supplemental reimbursement provision.
| ||||||
5 | (5) The Division shall provide funds beginning on April 1, | ||||||
6 | 1987 for the
counties to provide Individualized Services and | ||||||
7 | Programs as provided in
Section 16 of this Act.
| ||||||
8 | (6) A Probation and Court Services Department
in order to | ||||||
9 | be eligible
for the reimbursement must submit to the Supreme | ||||||
10 | Court an application
containing such information and in such a | ||||||
11 | form and by such dates as the
Supreme Court may require. | ||||||
12 | Departments to be eligible for funding must
satisfy the | ||||||
13 | following conditions:
| ||||||
14 | (a) The Department shall have on file with the Supreme
| ||||||
15 | Court an annual Probation plan for continuing,
improved, | ||||||
16 | and
new Probation and Court Services Programs
approved by | ||||||
17 | the Supreme Court or its
designee. This plan shall indicate | ||||||
18 | the manner in which
Probation and Court
Services will be | ||||||
19 | delivered and improved, consistent with the minimum
| ||||||
20 | standards and regulations for Probation and Court
| ||||||
21 | Services, as established
by the Supreme Court. In counties | ||||||
22 | with more than one
Probation and Court
Services Department | ||||||
23 | eligible to receive funds, all Departments within that
| ||||||
24 | county must submit plans which are approved by the Supreme | ||||||
25 | Court.
| ||||||
26 | (b) The annual probation plan shall seek to
generally |
| |||||||
| |||||||
1 | improve the
quality of probation services and to reduce the
| ||||||
2 | commitment of adult offenders to the Department of | ||||||
3 | Corrections and to reduce the
commitment of juvenile | ||||||
4 | offenders to the Department of Juvenile Justice and shall | ||||||
5 | require, when
appropriate, coordination with the | ||||||
6 | Department of Corrections, the Department of Juvenile | ||||||
7 | Justice, and the
Department of Children and Family Services | ||||||
8 | in the development and use of
community resources, | ||||||
9 | information systems, case review and permanency
planning | ||||||
10 | systems to avoid the duplication of services.
| ||||||
11 | (c) The Department shall be in compliance with | ||||||
12 | standards developed by the
Supreme Court for basic, new and | ||||||
13 | expanded services, training, personnel
hiring and | ||||||
14 | promotion.
| ||||||
15 | (d) The Department shall in its annual plan indicate | ||||||
16 | the manner in which
it will support the rights of crime | ||||||
17 | victims and in which manner it will
implement Article I, | ||||||
18 | Section 8.1 of the Illinois Constitution and in what
manner | ||||||
19 | it will coordinate crime victims' support services with | ||||||
20 | other criminal
justice agencies within its jurisdiction, | ||||||
21 | including but not limited to, the
State's Attorney, the | ||||||
22 | Sheriff and any municipal police department.
| ||||||
23 | (7) No statement shall be verified by the Supreme Court or | ||||||
24 | its
designee or vouchered by the Comptroller unless each of the | ||||||
25 | following
conditions have been met:
| ||||||
26 | (a) The probation officer is a full-time
employee |
| |||||||
| |||||||
1 | appointed by the Chief
Judge to provide probation services.
| ||||||
2 | (b) The probation officer, in order to be
eligible for | ||||||
3 | State
reimbursement, is receiving a salary of at least | ||||||
4 | $17,000 per year.
| ||||||
5 | (c) The probation officer is appointed or
was | ||||||
6 | reappointed in accordance
with minimum qualifications or | ||||||
7 | criteria established by the Supreme
Court; however, all | ||||||
8 | probation officers appointed
prior to January 1, 1978,
| ||||||
9 | shall be exempted from the minimum requirements | ||||||
10 | established by the Supreme
Court. Payments shall be made to | ||||||
11 | counties employing these exempted
probation officers as | ||||||
12 | long as they are employed
in the position held on the
| ||||||
13 | effective date of this amendatory Act of 1985. Promotions | ||||||
14 | shall be
governed by minimum qualifications established by | ||||||
15 | the Supreme Court.
| ||||||
16 | (d) The Department has an established compensation | ||||||
17 | schedule approved by
the Supreme Court. The compensation | ||||||
18 | schedule shall include salary ranges
with necessary | ||||||
19 | increments to compensate each employee. The increments
| ||||||
20 | shall, within the salary ranges, be based on such factors | ||||||
21 | as bona fide
occupational qualifications, performance, and | ||||||
22 | length of service. Each
position in the Department shall be | ||||||
23 | placed on the compensation schedule
according to job duties | ||||||
24 | and responsibilities of such position. The policy
and | ||||||
25 | procedures of the compensation schedule shall be made | ||||||
26 | available to each
employee.
|
| |||||||
| |||||||
1 | (8) In order to obtain full reimbursement of all approved | ||||||
2 | costs, each
Department must continue to employ at least the | ||||||
3 | same number of
probation
officers and probation managers as | ||||||
4 | were
authorized for employment for the
fiscal year which | ||||||
5 | includes January 1, 1985. This number shall be designated
as | ||||||
6 | the base amount of the Department. No positions approved by the | ||||||
7 | Division
under paragraph (b) of subsection 4 will be included | ||||||
8 | in the base amount.
In the event that the Department employs | ||||||
9 | fewer
Probation officers and
Probation managers than the base | ||||||
10 | amount for a
period of 90 days, funding
received by the | ||||||
11 | Department under subsection 4 of this
Section may be reduced on | ||||||
12 | a monthly basis by the amount of the current
salaries of any | ||||||
13 | positions below the base amount.
| ||||||
14 | (9) Before the 15th day of each month, the treasurer of any | ||||||
15 | county which
has a Probation and Court Services Department, or
| ||||||
16 | the treasurer of the most
populous county, in the case of a | ||||||
17 | Probation or
Court Services Department
funded by more than one | ||||||
18 | county, shall submit an itemized statement of all
approved | ||||||
19 | costs incurred in the delivery of Basic
Probation and Court
| ||||||
20 | Services under this Act to the Supreme Court.
The treasurer may | ||||||
21 | also submit an itemized statement of all approved costs
| ||||||
22 | incurred in the delivery of new and expanded
Probation and | ||||||
23 | Court Services
as well as Individualized Services and Programs. | ||||||
24 | The Supreme Court or
its designee shall verify compliance with | ||||||
25 | this Section and shall examine
and audit the monthly statement | ||||||
26 | and, upon finding them to be correct, shall
forward them to the |
| |||||||
| |||||||
1 | Comptroller for payment to the county treasurer. In the
case of | ||||||
2 | payment to a treasurer of a county which is the most populous | ||||||
3 | of
counties sharing the salary and expenses of a
Probation and | ||||||
4 | Court Services
Department, the treasurer shall divide the money | ||||||
5 | between the counties in a
manner that reflects each county's | ||||||
6 | share of the cost incurred by the
Department.
| ||||||
7 | (10) The county treasurer must certify that funds received | ||||||
8 | under this
Section shall be used solely to maintain and improve
| ||||||
9 | Probation and Court
Services. The county or circuit shall | ||||||
10 | remain in compliance with all
standards, policies and | ||||||
11 | regulations established by the Supreme Court.
If at any time | ||||||
12 | the Supreme Court determines that a county or circuit is not
in | ||||||
13 | compliance, the Supreme Court shall immediately notify the | ||||||
14 | Chief Judge,
county board chairman and the Director of Court | ||||||
15 | Services Chief
Probation Officer. If after 90 days of written
| ||||||
16 | notice the noncompliance
still exists, the Supreme Court shall | ||||||
17 | be required to reduce the amount of
monthly reimbursement by | ||||||
18 | 10%. An additional 10% reduction of monthly
reimbursement shall | ||||||
19 | occur for each consecutive month of noncompliance.
Except as | ||||||
20 | provided in subsection 5 of Section 15, funding to counties | ||||||
21 | shall
commence on April 1, 1986. Funds received under this Act | ||||||
22 | shall be used to
provide for Probation Department expenses
| ||||||
23 | including those required under
Section 13 of this Act. The | ||||||
24 | Mandatory
Arbitration Fund may be used to provide for Probation | ||||||
25 | Department expenses,
including those required under Section 13 | ||||||
26 | of this Act.
|
| |||||||
| |||||||
1 | (11) The respective counties shall be responsible for | ||||||
2 | capital and space
costs, fringe benefits, clerical costs, | ||||||
3 | equipment, telecommunications,
postage, commodities and | ||||||
4 | printing.
| ||||||
5 | (12) For purposes of this Act only, probation officers | ||||||
6 | shall be
considered
peace officers. In the
exercise of their | ||||||
7 | official duties, probation
officers, sheriffs, and police
| ||||||
8 | officers may, anywhere within the State, arrest any probationer | ||||||
9 | who is in
violation of any of the conditions of his or her | ||||||
10 | probation, conditional
discharge, or supervision, and it shall | ||||||
11 | be the
duty of the officer making the arrest to take the | ||||||
12 | probationer
before the
Court having jurisdiction over the | ||||||
13 | probationer for further order.
| ||||||
14 | (Source: P.A. 94-91, eff. 7-1-05; 94-696, eff. 6-1-06; 94-839, | ||||||
15 | eff. 6-6-06; 95-707, eff. 1-11-08.)"; and
| ||||||
16 | on page 74, line 25, by deleting " The remedy provided in "; and | ||||||
17 | on page 75, by deleting lines 1 through 3; and | ||||||
18 | on page 86, by replacing lines 13 through 17 with the | ||||||
19 | following: | ||||||
20 | " (18) Order for risk assessment evaluation. Order the | ||||||
21 | respondent to undergo a risk assessment evaluation per | ||||||
22 | protocols set by the Illinois Department of Human Services | ||||||
23 | under such terms and conditions as the court may direct. ".
|