Illinois General Assembly - Full Text of SB3388
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Full Text of SB3388  100th General Assembly




SB3388 EnrolledLRB100 20812 RLC 36303 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 Illinois Crime Reduction Act of 2009 is
5amended by changing Sections 5 and 20 as follows:
6    (730 ILCS 190/5)
7    Sec. 5. Purpose and Definitions.
8    (a) Purpose. The General Assembly hereby declares that it
9is the policy of Illinois to preserve public safety, reduce
10crime, and make the most effective use of correctional
11resources. Currently, the Illinois correctional system
12overwhelmingly incarcerates people whose time in prison does
13not result in improved behavior and who return to Illinois
14communities in less than one year. It is therefore the purpose
15of this Act to create an infrastructure to provide effective
16resources and services to incarcerated individuals and
17individuals supervised in the locality; to hold offenders
18accountable; to successfully rehabilitate offenders to prevent
19future involvement with the criminal justice system; to measure
20the overall effectiveness of the criminal justice system in
21achieving this policy; and to create the Adult Redeploy
22Illinois program for those who do not fall under the definition
23of violent offenders.



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1    (b) Definitions. As used in this Act, unless the context
2clearly requires otherwise:
3        (1) "Assets" are an offender's qualities or resources,
4    such as family and other positive support systems,
5    educational achievement, and employment history, that
6    research has demonstrated will decrease the likelihood
7    that the offender will re-offend and increase the
8    likelihood that the offender will successfully reintegrate
9    into the locality.
10        (2) "Case plan" means a consistently updated written
11    proposal that shall follow the offender through all phases
12    of the criminal justice system, that is based on the
13    offender's risks, assets, and needs as identified through
14    the assessment tool described in this Act, and that
15    outlines steps the offender shall take and the programs in
16    which the offender shall participate to maximize the
17    offender's ability to be rehabilitated.
18        (3) "Conditions of supervision" include conditions
19    described in Section 5-6-3.1 of the Unified Code of
20    Corrections.
21        (4) "Evidence-based practices" means policies,
22    procedures, programs, and practices that have been
23    demonstrated to reduce recidivism among incarcerated
24    individuals and individuals on local supervision.
25        (5) "Local supervision" includes supervision in
26    local-based, non-incarceration settings under such



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1    conditions and reporting requirements as are imposed by the
2    court or the Prisoner Review Board.
3        (6) "Needs" include an offender's criminogenic
4    qualities, skills, and experiences that can be altered in
5    ways that research has demonstrated will minimize the
6    offender's chances of re-offending and maximize the
7    offender's chances of successfully reintegrating into the
8    locality.
9        (6.5) "Offender" means a person charged with or
10    convicted of a probation-eligible offense.
11        (7) "Risks" include the attributes of an offender that
12    are commonly considered to be those variables, such as age,
13    prior criminal history, history of joblessness, and lack of
14    education that research has demonstrated contribute to an
15    offender's likelihood of re-offending and impact an
16    offender's ability to successfully reintegrate into the
17    locality.
18        (8) (Blank). "Violent offender" means a person
19    convicted of a violent crime as defined in subsection (c)
20    of Section 3 of the Rights of Crime Victims and Witnesses
21    Act.
22(Source: P.A. 96-761, eff. 1-1-10.)
23    (730 ILCS 190/20)
24    Sec. 20. Adult Redeploy Illinois.
25    (a) Purpose. When offenders are accurately assessed for



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1risk, assets, and needs, it is possible to identify which
2people should be sent to prison and which people can be
3effectively supervised in the locality. By providing financial
4incentives to counties or judicial circuits to create effective
5local-level evidence-based services, it is possible to reduce
6crime and recidivism at a lower cost to taxpayers. Based on
7this model, this Act hereby creates the Adult Redeploy Illinois
8program for probation-eligible offenders who do not fall under
9the definition of violent offenders in order to increase public
10safety and encourage the successful local supervision of
11eligible offenders and their reintegration into the locality.
12    (b) The Adult Redeploy Illinois program shall reallocate
13State funds to local jurisdictions that successfully establish
14a process to assess offenders and provide a continuum of
15locally based sanctions and treatment alternatives for
16offenders who would be incarcerated in a State facility if
17those local services and sanctions did not exist. The allotment
18of funds shall be based on a formula that rewards local
19jurisdictions for the establishment or expansion of local
20supervision programs and requires them to pay the amount
21determined in subsection (e) if incarceration targets as
22defined in subsection (e) are not met.
23    (c) Each county or circuit participating in the Adult
24Redeploy Illinois program shall create a local plan describing
25how it will protect public safety and reduce the county or
26circuit's utilization of incarceration in State facilities or



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1local county jails by the creation or expansion of
2individualized services or programs.
3    (d) Based on the local plan, a county or circuit shall
4enter into an agreement with the Adult Redeploy Oversight Board
5described in subsection (e) to reduce the number of commitments
6of probation-eligible offenders to State correctional
7facilities from that county or circuit, excluding violent
8offenders. The agreement shall include a pledge from the county
9or circuit to reduce their commitments by 25% of the level of
10commitments from the average number of commitments for the past
113 years of eligible non-violent offenders. In return, the
12county or circuit shall receive, based upon a formula described
13in subsection (e), funds to redeploy for local programming for
14offenders who would otherwise be incarcerated such as
15management and supervision, electronic monitoring, and drug
16testing. The county or circuit shall also be penalized, as
17described in subsection (e), for failure to reach the goal of
18reduced commitments stipulated in the agreement.
19    (e) Adult Redeploy Illinois Oversight Board; members;
21        (1) The Secretary of Human Services and the Director of
22    Corrections shall within 3 months after the effective date
23    of this Act convene and act as co-chairs of an oversight
24    board to oversee the Adult Redeploy Program. The Board
25    shall include, but not be limited to, designees from the
26    Prisoner Review Board, Office of the Attorney General,



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1    Illinois Criminal Justice Information Authority, and
2    Sentencing Policy Advisory Council; the Cook County
3    State's Attorney; a State's Attorney selected by the
4    President of the Illinois State's Attorneys Association;
5    the State Appellate Defender; the Cook County Public
6    Defender; a representative of Cook County Adult Probation,
7    a representative of DuPage County Adult Probation; a
8    representative of Sangamon County Adult Probation; and 4
9    representatives from non-governmental organizations,
10    including service providers.
11        (2) The Oversight Board shall within one year after the
12    effective date of this Act:
13            (A) Develop a process to solicit applications from
14        and identify jurisdictions to be included in the Adult
15        Redeploy Illinois program.
16            (B) Define categories of membership for local
17        entities to participate in the creation and oversight
18        of the local Adult Redeploy Illinois program.
19            (C) Develop a formula for the allotment of funds to
20        local jurisdictions for local and community-based
21        services in lieu of commitment to the Department of
22        Corrections and a penalty amount for failure to reach
23        the goal of reduced commitments stipulated in the
24        plans.
25            (D) Develop a standard format for the local plan to
26        be submitted by the local entity created in each county



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1        or circuit.
2            (E) Identify and secure resources sufficient to
3        support the administration and evaluation of Adult
4        Redeploy Illinois.
5            (F) Develop a process to support ongoing
6        monitoring and evaluation of Adult Redeploy Illinois.
7            (G) Review local plans and proposed agreements and
8        approve the distribution of resources.
9            (H) Develop a performance measurement system that
10        includes but is not limited to the following key
11        performance indicators: recidivism, rate of
12        revocations, employment rates, education achievement,
13        successful completion of substance abuse treatment
14        programs, and payment of victim restitution. Each
15        county or circuit shall include the performance
16        measurement system in its local plan and provide data
17        annually to evaluate its success.
18            (I) Report annually the results of the performance
19        measurements on a timely basis to the Governor and
20        General Assembly.
21(Source: P.A. 96-761, eff. 1-1-10.)