Illinois General Assembly - Full Text of SB1013
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Full Text of SB1013  95th General Assembly



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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 by 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. It is also intended to
16 offer alternatives, when appropriate, to avoid commitment to
17 the Department of Juvenile Justice, to direct child welfare
18 services for minors charged with a criminal offense or
19 adjudicated delinquent under Section 5 of the Children and
20 Family Services Act. The allotment of funds will be based on a
21 formula that rewards local jurisdictions for the establishment
22 or expansion of local alternatives to incarceration, and
23 requires them to pay for utilization of incarceration as a



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1 sanction. In addition, there shall be an allocation of
2 resources (amount to be determined annually by the Redeploy
3 Illinois Oversight Board) set aside at the beginning of each
4 fiscal year to be made available for any county or groups of
5 counties which need resources only occasionally for services to
6 avoid commitment to the Department of Juvenile Justice for a
7 limited number of youth. This redeployment of funds shall be
8 made in a manner consistent with the Juvenile Court Act of 1987
9 and the following purposes and policies:
10         (1) The juvenile justice system should protect the
11     community, impose accountability to victims and
12     communities for violations of law, and equip juvenile
13     offenders with competencies to live responsibly and
14     productively.
15         (2) Juveniles should be treated in the least
16     restrictive manner possible while maintaining the safety
17     of the community.
18         (3) A continuum of services and sanctions from least
19     restrictive to most restrictive should be available in
20     every community.
21         (4) There should be local responsibility and authority
22     for planning, organizing, and coordinating service
23     resources in the community. People in the community can
24     best choose a range of services which reflect community
25     values and meet the needs of their own youth.
26         (5) Juveniles who pose a threat to the community or



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1     themselves need special care, including secure settings.
2     Such services as detention, long-term incarceration, or
3     residential treatment are too costly to provide in each
4     community and should be coordinated and provided on a
5     regional or Statewide basis.
6         (6) The roles of State and local government in creating
7     and maintaining services to youth in the juvenile justice
8     system should be clearly defined. The role of the State is
9     to fund services, set standards of care, train service
10     providers, and monitor the integration and coordination of
11     services. The role of local government should be to oversee
12     the provision of services.
13     (b) Each county or circuit participating in the Redeploy
14 Illinois pilot program must create a local plan demonstrating
15 how it will reduce the county or circuit's utilization of
16 secure confinement of juvenile offenders in the Illinois
17 Department of Juvenile Justice or county detention centers by
18 the creation or expansion of individualized services or
19 programs that may include but are not limited to the following:
20         (1) Assessment and evaluation services to provide the
21     juvenile justice system with accurate individualized case
22     information on each juvenile offender including mental
23     health, substance abuse, educational, and family
24     information;
25         (2) Direct services to individual juvenile offenders
26     including educational, vocational, mental health,



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



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1 Juvenile Justice. A county or group of counties shall agree to
2 limit their commitments to 75% of the level of commitments from
3 the average number of juvenile commitments for the past 3
4 years, and will receive the savings to redeploy for local
5 programming for juveniles who would otherwise be held in
6 confinement. For any county or group of counties with a
7 decrease of juvenile commitments of at least 25%, based on the
8 average reductions of the prior 3 years, which are chosen to
9 participate or continue as pilot sites, the Redeploy Illinois
10 Oversight Board has the authority to reduce the required
11 percentage of future commitments to achieve the purpose of this
12 Section. The agreement shall set forth the following:
13         (1) a Statement of the number and type of juvenile
14     offenders from the county who were held in secure
15     confinement by the Illinois Department of Juvenile Justice
16     or in county detention the previous year, and an
17     explanation of which, and how many, of these offenders
18     might be served through the proposed Redeploy Illinois
19     Program for which the funds shall be used;
20         (2) a Statement of the service needs of currently
21     confined juveniles;
22         (3) a Statement of the type of services and programs to
23     provide for the individual needs of the juvenile offenders,
24     and the research or evidence base that qualifies those
25     services and programs as proven or promising practices;
26         (4) a budget indicating the costs of each service or



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1     program to be funded under the plan;
2         (5) a summary of contracts and service agreements
3     indicating the treatment goals and number of juvenile
4     offenders to be served by each service provider; and
5         (6) a Statement indicating that the Redeploy Illinois
6     Program will not duplicate existing services and programs.
7     Funds for this plan shall not supplant existing county
8     funded programs.
9     (d) (Blank).
10     (d-5) A county or group of counties that does not have an
11 approved Redeploy Illinois program, as described in subsection
12 (b), and that has committed fewer than 10 Redeploy eligible
13 youth to the Department of Juvenile Justice on average over the
14 previous 3 years, may develop an individualized agreement with
15 the Department of Human Services through the Redeploy Illinois
16 program to provide services to youth to avoid commitment to the
17 Department of Juvenile Justice. The agreement shall set forth
18 the following:
19         (1) a statement of the number and type of juvenile
20     offenders from the county who were at risk under any of the
21     categories listed above during the 3 previous years, and an
22     explanation of which of these offenders would be served
23     through the proposed Redeploy Illinois program for which
24     the funds shall be used, or through individualized
25     contracts with existing Redeploy programs in neighboring
26     counties;



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1         (2) a statement of the service needs;
2         (3) a statement of the type of services and programs to
3     provide for the individual needs of the juvenile offenders,
4     and the research or evidence that qualifies those services
5     and programs as proven or promising practices;
6         (4) a budget indicating the costs of each service or
7     program to be funded under the plan;
8         (5) a summary of contracts and service agreements
9     indicating the treatment goals and number of juvenile
10     offenders to be served by each service provider; and
11         (6) a statement indicating that the Redeploy Illinois
12     program will not duplicate existing services and programs.
13     Funds for this plan shall not supplant existing county
14     funded programs.
15     (e) The Department of Human Services shall be responsible
16 for the following:
17         (1) Reviewing each Redeploy Illinois Program plan for
18     compliance with standards established for such plans. A
19     plan may be approved as submitted, approved with
20     modifications, or rejected. No plan shall be considered for
21     approval if the circuit or county is not in full compliance
22     with all regulations, standards and guidelines pertaining
23     to the delivery of basic probation services as established
24     by the Supreme Court.
25         (2) Monitoring on a continual basis and evaluating
26     annually both the program and its fiscal activities in all



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1     counties receiving an allocation under the Redeploy
2     Illinois Program. Any program or service that has not met
3     the goals and objectives of its contract or service
4     agreement shall be subject to denial for funding in
5     subsequent years. The Department of Human Services shall
6     evaluate the effectiveness of the Redeploy Illinois
7     Program in each circuit or county. In determining the
8     future funding for the Redeploy Illinois Program under this
9     Act, the evaluation shall include, as a primary indicator
10     of success, a decreased number of confinement days for the
11     county's juvenile offenders.
12     (f) Any Redeploy Illinois Program allocations not applied
13 for and approved by the Department of Human Services shall be
14 available for redistribution to approved plans for the
15 remainder of that fiscal year. Any county that invests local
16 moneys in the Redeploy Illinois Program shall be given first
17 consideration for any redistribution of allocations.
18 Jurisdictions participating in Redeploy Illinois that exceed
19 their agreed upon level of commitments to the Department of
20 Juvenile Justice shall reimburse the Department of Corrections
21 for each commitment above the agreed upon level.
22     (g) Implementation of Redeploy Illinois.
23         (1) Oversight of Redeploy Illinois Planning Phase.
24             (i) Redeploy Illinois Oversight Board. The
25         Department of Human Services shall convene an
26         oversight board to oversee the develop plans for a



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1         pilot Redeploy Illinois Program. The Board shall
2         include, but not be limited to, designees from the
3         Department of Juvenile Justice, the Administrative
4         Office of Illinois Courts, the Illinois Juvenile
5         Justice Commission, the Illinois Criminal Justice
6         Information Authority, the Department of Children and
7         Family Services, the State Board of Education, the Cook
8         County State's Attorney, and a State's Attorney
9         selected by the President of the Illinois State's
10         Attorney's Association, the Cook County Public
11         Defender, a representative of the defense bar
12         appointed by the Chief Justice of the Illinois Supreme
13         Court, a representative of probation appointed by the
14         Chief Justice of the Illinois Supreme Court, and
15         judicial representation appointed by the Chief Justice
16         of the Illinois Supreme Court. Up to an additional 9
17         members may be appointed by the Secretary of Human
18         Services from recommendations by the Oversight Board;
19         these appointees shall possess a knowledge of juvenile
20         justice issues and reflect the collaborative
21         public/private relationship of Redeploy programs.
22             (ii) Responsibilities of the Redeploy Illinois
23         Oversight Board. The Oversight Board shall:
24                 (A) Identify jurisdictions to be included in
25             the invited in the initial pilot program of
26             Redeploy Illinois.



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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                 (E-5) Review proposed individualized
16             agreements and approve where appropriate the
17             distribution of resources.
18                 (F) Report to the Governor and the General
19             Assembly on an annual basis on the progress of
20             Redeploy Illinois.
21             (iii) Length of Planning Phase. The planning phase
22         may last up to, but may in no event last longer than,
23         July 1, 2004.
24         (2) (Blank). Pilot Phase. In the second phase of the
25     Redeploy Illinois program, the Department of Human
26     Services shall implement several pilot programs of



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1     Redeploy Illinois in counties or groups of counties as
2     identified by the Oversight Board. Annual review of the
3     Redeploy Illinois program by the Oversight Board shall
4     include recommendations for future sites for Redeploy
5     Illinois.
6         (3) There shall be created the Redeploy County Review
7     Committee composed of the designees of the Secretary of
8     Human Services and the Directors of Juvenile Justice, of
9     Children and Family Services, and of the Governor's Office
10     of Management and Budget who shall constitute a
11     subcommittee of the Redeploy Illinois Oversight Board.
12     (h) Responsibilities of the County Review Committee. The
13 County Review Committee shall:
14         (1) Review individualized agreements from counties
15     requesting resources on an occasional basis for services
16     for youth described in subsection (d-5).
17         (2) Report its decisions to the Redeploy Illinois
18     Oversight Board at regularly scheduled meetings.
19         (3) Monitor the effectiveness of the resources in
20     meeting the mandates of the Redeploy Illinois program set
21     forth in this Section so these results might be included in
22     the Report described in clause (g)(1)(ii)(F).
23         (4) During the third quarter, assess the amount of
24     remaining funds available and necessary to complete the
25     fiscal year so that any unused funds may be distributed as
26     defined in subsection (f).



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1         (5) Ensure that the number of youth from any applicant
2     county receiving individualized resources will not exceed
3     the previous three-year average of Redeploy eligible
4     recipients and that counties are in conformity with all
5     other elements of this law.
6     (i) Implementation of this Section is subject to
7 appropriation.
8     (j) Rulemaking authority to implement this amendatory Act
9 of the 95th General Assembly, if any, is conditioned on the
10 rules being adopted in accordance with all provisions of and
11 procedures and rules implementing the Illinois Administrative
12 Procedure Act; any purported rule not so adopted, for whatever
13 reason, is unauthorized.
14 (Source: P.A. 93-641, eff. 12-31-03; 94-696, eff. 6-1-06;
15 94-1032, eff. 1-1-07.)