103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5363

 

Introduced 2/9/2024, by Rep. Dave Vella

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 110/9b  from Ch. 38, par. 204-1b
730 ILCS 110/9c new

    Amends the Probation and Probation Officers Act. Provides that in the supervision of offenders and defendants, probation officers shall use evidence-based practices. Defines "evidence-based practices".


LRB103 36199 RLC 66291 b

 

 

A BILL FOR

 

HB5363LRB103 36199 RLC 66291 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probation and Probation Officers Act is
5amended by changing Section 9b and by adding Section 9c as
6follows:
 
7    (730 ILCS 110/9b)  (from Ch. 38, par. 204-1b)
8    Sec. 9b. For the purposes of this Act, the words and
9phrases described in this Section have the meanings designated
10in this Section, except when a particular context clearly
11requires a different meaning.
12    (1) "Division" means the Division of Probation Services of
13the Supreme Court.
14    (2) "Department" means a probation or court services
15department that provides probation or court services and such
16other related services assigned to it by the circuit court or
17by law.
18    (3) "Probation Officer" means a person employed full time
19in a probation or court services department or a person
20employed full-time or part-time as a detention officer
21providing services to a court under this Act or the Juvenile
22Court Act of 1987. A probation officer includes detention
23staff, non-secure group home staff and management personnel

 

 

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1who meet minimum standards established by the Supreme Court
2and who are hired under the direction of the circuit court.
3These probation officers are judicial employees designated on
4a circuit wide or county basis and compensated by the
5appropriate county board or boards.
6    (4) "Basic Services" means the number of personnel
7determined by the Division as necessary to comply with adult,
8juvenile, and detention services workload standards and to
9operate authorized programs of intermediate sanctions,
10intensive probation supervision, public or community service,
11intake services, secure detention services, non-secure group
12home services and home confinement.
13    (5) "New or Expanded Services" means personnel necessary
14to operate pretrial programs, victim and restitution programs,
15psychological services, drunk driving programs, specialized
16caseloads, community resource coordination programs, and other
17programs designed to generally improve the quality of
18probation and court services.
19    (6) "Individualized Services and Programs" means
20individualized services provided through purchase of service
21agreements with individuals, specialists, and local public or
22private agencies providing non-residential services for the
23rehabilitation of adult and juvenile offenders as an
24alternative to local or state incarceration.
25    (7) "Jurisdiction" means the geographical area of
26authority of a probation department as designated by the chief

 

 

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1judge of each circuit court under Section 15 of this Act.
2    (8) "Transfer case" means any case where an adult or
3juvenile offender seeks to have supervision transferred from
4one county to another or from another state to a county in
5Illinois, and the transfer is approved by a judicial officer,
6a department, or through an interstate compact.
7    (9) "Evidence-based practices" means any procedures,
8practices or methods of supervision that have been studied and
9reviewed with an emphasis on such practices that enable
10probation officers to improve the outcomes when applied in
11their supervision of offenders and defendants.
12(Source: P.A. 102-699, eff. 4-19-22.)
 
13    (730 ILCS 110/9c new)
14    Sec. 9c. Evidence-based practices. In the supervision of
15offenders and defendants, probation officers shall use
16evidence-based practices.