Sen. John J. Cullerton

Filed: 4/4/2006

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1145

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

 

 

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1     offenders with competencies to live responsibly and
2     productively.
3         (2) Juveniles should be treated in the least
4     restrictive manner possible while maintaining the safety
5     of the community.
6         (3) A continuum of services and sanctions from least
7     restrictive to most restrictive should be available in
8     every community.
9         (4) There should be local responsibility and authority
10     for planning, organizing, and coordinating service
11     resources in the community. People in the community can
12     best choose a range of services which reflect community
13     values and meet the needs of their own youth.
14         (5) Juveniles who pose a threat to the community or
15     themselves need special care, including secure settings.
16     Such services as detention, long-term incarceration, or
17     residential treatment are too costly to provide in each
18     community and should be coordinated and provided on a
19     regional or Statewide basis.
20         (6) The roles of State and local government in creating
21     and maintaining services to youth in the juvenile justice
22     system should be clearly defined. The role of the State is
23     to fund services, set standards of care, train service
24     providers, and monitor the integration and coordination of
25     services. The role of local government should be to oversee
26     the provision of services.
27     (b) Each county or circuit participating in the pilot
28 program must create a local plan demonstrating how it will
29 reduce the county or circuit's utilization of secure
30 confinement of juvenile offenders in the Illinois Department of
31 Juvenile Justice or county detention centers by the creation or
32 expansion of individualized services or programs that may
33 include but are not limited to the following:
34         (1) Assessment and evaluation services to provide the

 

 

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1     juvenile justice system with accurate individualized case
2     information on each juvenile offender including mental
3     health, substance abuse, educational, and family
4     information;
5         (2) Direct services to individual juvenile offenders
6     including educational, vocational, mental health,
7     substance abuse, supervision, and service coordination;
8     and
9         (3) Programs that seek to restore the offender to the
10     community, such as victim offender panels, teen courts,
11     competency building, enhanced accountability measures,
12     restitution, and community service. The local plan must be
13     directed in such a manner as to emphasize an individualized
14     approach to providing services to juvenile offenders in an
15     integrated community based system including probation as
16     the broker of services. The plan must also detail the
17     reduction in utilization of secure confinement. The local
18     plan shall be limited to services and shall not include
19     costs for:
20             (i) capital expenditures;
21             (ii) renovations or remodeling;
22             (iii) personnel costs for probation.
23     The local plan shall be submitted to the Department of
24 Human Services.
25     (c) A county or group of counties may develop an agreement
26 with the Department of Human Services to reduce their number of
27 commitments of juvenile offenders, excluding minors sentenced
28 based upon a finding of guilt of first degree murder or an
29 offense which is a Class X forcible felony as defined in the
30 Criminal Code of 1961, to the Department of Juvenile Justice,
31 and then use the savings to develop local programming for youth
32 who would otherwise have been committed to the Department of
33 Juvenile Justice. A The county or group of counties shall agree
34 to limit their commitments to 75% of the level of commitments

 

 

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1 from the average number of juvenile commitments for the past 3
2 years, and will receive the savings to redeploy for local
3 programming for juveniles who would otherwise be held in
4 confinement. For any county or group of counties with a
5 decrease of juvenile commitments of at least 25%, based on the
6 average reductions of the prior 3 years, which are chosen to
7 participate or continue as pilot sites, the Redeploy Illinois
8 Oversight Board has the authority to reduce the required
9 percentage of future commitments to achieve the purpose of this
10 Section. The agreement shall set forth the following:
11         (1) a Statement of the number and type of juvenile
12     offenders from the county who were held in secure
13     confinement by the Illinois Department of Juvenile Justice
14     or in county detention the previous year, and an
15     explanation of which, and how many, of these offenders
16     might be served through the proposed Redeploy Illinois
17     Program for which the funds shall be used;
18         (2) a Statement of the service needs of currently
19     confined juveniles;
20         (3) a Statement of the type of services and programs to
21     provide for the individual needs of the juvenile offenders,
22     and the research or evidence base that qualifies those
23     services and programs as proven or promising practices;
24         (4) a budget indicating the costs of each service or
25     program to be funded under the plan;
26         (5) a summary of contracts and service agreements
27     indicating the treatment goals and number of juvenile
28     offenders to be served by each service provider; and
29         (6) a Statement indicating that the Redeploy Illinois
30     Program will not duplicate existing services and programs.
31     Funds for this plan shall not supplant existing county
32     funded programs.
33     (d) (Blank).
34     (e) The Department of Human Services shall be responsible

 

 

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1 for the following:
2         (1) Reviewing each Redeploy Illinois Program plan for
3     compliance with standards established for such plans. A
4     plan may be approved as submitted, approved with
5     modifications, or rejected. No plan shall be considered for
6     approval if the circuit or county is not in full compliance
7     with all regulations, standards and guidelines pertaining
8     to the delivery of basic probation services as established
9     by the Supreme Court.
10         (2) Monitoring on a continual basis and evaluating
11     annually both the program and its fiscal activities in all
12     counties receiving an allocation under the Redeploy
13     Illinois Program. Any program or service that has not met
14     the goals and objectives of its contract or service
15     agreement shall be subject to denial for funding in
16     subsequent years. The Department of Human Services shall
17     evaluate the effectiveness of the Redeploy Illinois
18     Program in each circuit or county. In determining the
19     future funding for the Redeploy Illinois Program under this
20     Act, the evaluation shall include, as a primary indicator
21     of success, a decreased number of confinement days for the
22     county's juvenile offenders.
23     (f) Any Redeploy Illinois Program allocations not applied
24 for and approved by the Department of Human Services shall be
25 available for redistribution to approved plans for the
26 remainder of that fiscal year. Any county that invests local
27 moneys in the Redeploy Illinois Program shall be given first
28 consideration for any redistribution of allocations.
29 Jurisdictions participating in Redeploy Illinois that exceed
30 their agreed upon level of commitments to the Department of
31 Juvenile Justice shall reimburse the Department of Corrections
32 for each commitment above the agreed upon level.
33     (g) Implementation of Redeploy Illinois.
34         (1) Planning Phase.

 

 

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1             (i) Redeploy Illinois Oversight Board. The
2         Department of Human Services shall convene an
3         oversight board to develop plans for a pilot Redeploy
4         Illinois Program. The Board shall include, but not be
5         limited to, designees from the Department of Juvenile
6         Justice, the Administrative Office of Illinois Courts,
7         the Illinois Juvenile Justice Commission, the Illinois
8         Criminal Justice Information Authority, the Department
9         of Children and Family Services, the State Board of
10         Education, the Cook County State's Attorney, and a
11         State's Attorney selected by the President of the
12         Illinois State's Attorney's Association.
13             (ii) Responsibilities of the Redeploy Illinois
14         Oversight Board. The Oversight Board shall:
15                 (A) Identify jurisdictions to be invited in
16             the initial pilot program of Redeploy Illinois.
17                 (B) Develop a formula for reimbursement of
18             local jurisdictions for local and community-based
19             services utilized in lieu of commitment to the
20             Department of Juvenile Justice, as well as for any
21             charges for local jurisdictions for commitments
22             above the agreed upon limit in the approved plan.
23                 (C) Identify resources sufficient to support
24             the administration and evaluation of Redeploy
25             Illinois.
26                 (D) Develop a process and identify resources
27             to support on-going monitoring and evaluation of
28             Redeploy Illinois.
29                 (E) Develop a process and identify resources
30             to support training on Redeploy Illinois.
31                 (F) Report to the Governor and the General
32             Assembly on an annual basis on the progress of
33             Redeploy Illinois.
34             (iii) Length of Planning Phase. The planning phase

 

 

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1         may last up to, but may in no event last longer than,
2         July 1, 2004.
3         (2) Pilot Phase. In the second phase of the Redeploy
4     Illinois program, the Department of Human Services shall
5     implement several pilot programs of Redeploy Illinois in
6     counties or groups of counties as identified by the
7     Oversight Board. Annual review of the Redeploy Illinois
8     program by the Oversight Board shall include
9     recommendations for future sites for Redeploy Illinois.
10 (Source: P.A. 93-641, eff. 12-31-03; 94-696, eff. 6-1-06.)".