Full Text of SB0529 95th General Assembly
SB0529eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Probation and Probation Officers Act is | 5 |
| amended by changing Section 15 as follows:
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| (730 ILCS 110/15) (from Ch. 38, par. 204-7)
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| Sec. 15. (1) The Supreme Court of Illinois may establish a | 8 |
| Division of
Probation Services whose purpose shall be the | 9 |
| development, establishment,
promulgation, and enforcement of | 10 |
| uniform standards for probation services in
this State, and to | 11 |
| otherwise carry out the intent of this Act. The Division
may:
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| (a) establish qualifications for chief probation | 13 |
| officers and other
probation and court services personnel | 14 |
| as to hiring, promotion, and training.
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| (b) make available, on a timely basis, lists of those | 16 |
| applicants whose
qualifications meet the regulations | 17 |
| referred to herein, including on said
lists all candidates | 18 |
| found qualified.
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| (c) establish a means of verifying the conditions for | 20 |
| reimbursement
under this Act and develop criteria for | 21 |
| approved costs for reimbursement.
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| (d) develop standards and approve employee | 23 |
| compensation schedules for
probation and court services |
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| departments.
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| (e) employ sufficient personnel in the Division to | 3 |
| carry out the
functions of the Division.
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| (f) establish a system of training and establish | 5 |
| standards for personnel
orientation and training.
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| (g) develop standards for a system of record keeping | 7 |
| for cases and
programs, gather statistics, establish a | 8 |
| system of uniform forms, and
develop research for planning | 9 |
| of Probation
Services.
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| (h) develop standards to assure adequate support | 11 |
| personnel, office
space, equipment and supplies, travel | 12 |
| expenses, and other essential items
necessary for | 13 |
| Probation and Court Services
Departments to carry out their
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| duties.
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| (i) review and approve annual plans submitted by
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| Probation and Court
Services Departments.
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| (j) monitor and evaluate all programs operated by
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| Probation and Court
Services Departments, and may include | 19 |
| in the program evaluation criteria
such factors as the | 20 |
| percentage of Probation sentences for felons convicted
of | 21 |
| Probationable offenses.
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| (k) seek the cooperation of local and State government | 23 |
| and private
agencies to improve the quality of probation | 24 |
| and
court services.
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| (l) where appropriate, establish programs and | 26 |
| corresponding standards
designed to generally improve the |
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| quality of
probation and court services
and reduce the rate | 2 |
| of adult or juvenile offenders committed to the
Department | 3 |
| of Corrections.
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| (m) establish such other standards and regulations and | 5 |
| do all acts
necessary to carry out the intent and purposes | 6 |
| of this Act.
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| The Division shall establish a model list of structured | 8 |
| intermediate
sanctions that may be imposed by a probation | 9 |
| agency for violations of terms and
conditions of a sentence of | 10 |
| probation, conditional discharge, or supervision.
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| The State of Illinois shall provide for the costs of | 12 |
| personnel, travel,
equipment, telecommunications, postage, | 13 |
| commodities, printing, space,
contractual services and other | 14 |
| related costs necessary to carry out the
intent of this Act.
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| (2) (a) The chief judge of each circuit shall provide
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| full-time probation services for all counties
within the | 17 |
| circuit, in a
manner consistent with the annual probation plan,
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| the standards, policies,
and regulations established by the | 19 |
| Supreme Court. A
probation district of
two or more counties | 20 |
| within a circuit may be created for the purposes of
providing | 21 |
| full-time probation services. Every
county or group of
counties | 22 |
| within a circuit shall maintain a
probation department which | 23 |
| shall
be under the authority of the Chief Judge of the circuit | 24 |
| or some other
judge designated by the Chief Judge. The Chief | 25 |
| Judge, through the
Probation and Court Services Department | 26 |
| shall
submit annual plans to the
Division for probation and |
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| related services.
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| (b) The Chief Judge of each circuit shall appoint the Chief
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| Probation
Officer and all other probation officers for his
or | 4 |
| her circuit from lists
of qualified applicants supplied by the | 5 |
| Supreme Court. Candidates for chief
managing officer and other | 6 |
| probation officer
positions must apply with both
the Chief | 7 |
| Judge of the circuit and the Supreme Court.
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| (3) A Probation and Court Service Department
shall apply to | 9 |
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Supreme Court for funds for basic services, and may apply | 10 |
| for funds for new
and expanded programs or Individualized | 11 |
| Services and Programs. Costs shall
be reimbursed monthly based | 12 |
| on a plan and budget approved by the Supreme
Court. No | 13 |
| Department may be reimbursed for costs which exceed or are not
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| provided for in the approved annual plan and budget. After the | 15 |
| effective
date of this amendatory Act of 1985, each county must | 16 |
| provide basic
services in accordance with the annual plan and | 17 |
| standards created by the
division. No department may receive | 18 |
| funds for new or expanded programs or
individualized services | 19 |
| and programs unless they are in compliance with
standards as | 20 |
| enumerated in paragraph (h) of subsection (1) of this Section,
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| the annual plan, and standards for basic services.
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| (4) The Division shall reimburse the county or counties for
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| probation
services as follows:
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| (a) 100% of the salary of all chief managing officers | 25 |
| designated as such
by the Chief Judge and the division.
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| (b) 100% of the salary for all probation
officer and |
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| supervisor
positions approved for reimbursement by the | 2 |
| division after April 1, 1984,
to meet workload standards | 3 |
| and to implement intensive sanction and
probation
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| supervision
programs and other basic services as defined in | 5 |
| this Act.
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| (c) 100% of the salary for all secure detention | 7 |
| personnel and non-secure
group home personnel approved for | 8 |
| reimbursement after December 1, 1990.
For all such | 9 |
| positions approved for reimbursement
before
December 1, | 10 |
| 1990, the counties shall be reimbursed $1,250 per month | 11 |
| beginning
July 1, 1995, and an additional $250 per month | 12 |
| beginning each July 1st
thereafter until the positions | 13 |
| receive 100% salary reimbursement.
Allocation of such | 14 |
| positions will be based on comparative need considering
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| capacity, staff/resident ratio, physical plant and | 16 |
| program.
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| (d) $1,000 per month for salaries for the remaining
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| probation officer
positions engaged in basic services and | 19 |
| new or expanded services. All such
positions shall be | 20 |
| approved by the division in accordance with this Act and
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| division standards.
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| (e) 100% of the travel expenses in accordance with | 23 |
| Division standards
for all Probation positions approved | 24 |
| under
paragraph (b) of subsection 4
of this Section.
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| (f) If the amount of funds reimbursed to the county | 26 |
| under paragraphs
(a) through (e) of subsection 4 of this |
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| Section on an annual basis is less
than the amount the | 2 |
| county had received during the 12 month period
immediately | 3 |
| prior to the effective date of this amendatory Act of 1985,
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| then the Division shall reimburse the amount of the | 5 |
| difference to the
county. The effect of paragraph (b) of | 6 |
| subsection 7 of this Section shall
be considered in | 7 |
| implementing this supplemental reimbursement provision.
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| (5) The Division shall provide funds beginning on April 1, | 9 |
| 1987 for the
counties to provide Individualized Services and | 10 |
| Programs as provided in
Section 16 of this Act.
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| (6) A Probation and Court Services Department
in order to | 12 |
| be eligible
for the reimbursement must submit to the Supreme | 13 |
| Court an application
containing such information and in such a | 14 |
| form and by such dates as the
Supreme Court may require. | 15 |
| Departments to be eligible for funding must
satisfy the | 16 |
| following conditions:
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| (a) The Department shall have on file with the Supreme
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| Court an annual Probation plan for continuing,
improved, | 19 |
| and
new Probation and Court Services Programs
approved by | 20 |
| the Supreme Court or its
designee. This plan shall indicate | 21 |
| the manner in which
Probation and Court
Services will be | 22 |
| delivered and improved, consistent with the minimum
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| standards and regulations for Probation and Court
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| Services, as established
by the Supreme Court. In counties | 25 |
| with more than one
Probation and Court
Services Department | 26 |
| eligible to receive funds, all Departments within that
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| county must submit plans which are approved by the Supreme | 2 |
| Court.
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| (b) The annual probation plan shall seek to
generally | 4 |
| improve the
quality of probation services and to reduce the
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| commitment of adult offenders to the Department of | 6 |
| Corrections and to reduce the
commitment of juvenile | 7 |
| offenders to the Department of Juvenile Justice and shall | 8 |
| require, when
appropriate, coordination with the | 9 |
| Department of Corrections, the Department of Juvenile | 10 |
| Justice, and the
Department of Children and Family Services | 11 |
| in the development and use of
community resources, | 12 |
| information systems, case review and permanency
planning | 13 |
| systems to avoid the duplication of services.
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| (c) The Department shall be in compliance with | 15 |
| standards developed by the
Supreme Court for basic, new and | 16 |
| expanded services, training, personnel
hiring and | 17 |
| promotion.
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| (d) The Department shall in its annual plan indicate | 19 |
| the manner in which
it will support the rights of crime | 20 |
| victims and in which manner it will
implement Article I, | 21 |
| Section 8.1 of the Illinois Constitution and in what
manner | 22 |
| it will coordinate crime victims' support services with | 23 |
| other criminal
justice agencies within its jurisdiction, | 24 |
| including but not limited to, the
State's Attorney, the | 25 |
| Sheriff and any municipal police department.
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| (7) No statement shall be verified by the Supreme Court or |
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| its
designee or vouchered by the Comptroller unless each of the | 2 |
| following
conditions have been met:
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| (a) The probation officer is a full-time
employee | 4 |
| appointed by the Chief
Judge to provide probation services.
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| (b) The probation officer, in order to be
eligible for | 6 |
| State
reimbursement, is receiving a salary of at least | 7 |
| $17,000 per year.
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| (c) The probation officer is appointed or
was | 9 |
| reappointed in accordance
with minimum qualifications or | 10 |
| criteria established by the Supreme
Court; however, all | 11 |
| probation officers appointed
prior to January 1, 1978,
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| shall be exempted from the minimum requirements | 13 |
| established by the Supreme
Court. Payments shall be made to | 14 |
| counties employing these exempted
probation officers as | 15 |
| long as they are employed
in the position held on the
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| effective date of this amendatory Act of 1985. Promotions | 17 |
| shall be
governed by minimum qualifications established by | 18 |
| the Supreme Court. Beginning January 1, 2008, such minimum | 19 |
| qualifications shall include at least 30 hours per year in | 20 |
| training or continuing education, provided that such | 21 |
| training or continuing education programs have been | 22 |
| approved in advance by the Division of Probation Services.
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| (d) The Department has an established compensation | 24 |
| schedule approved by
the Supreme Court. The compensation | 25 |
| schedule shall include salary ranges
with necessary | 26 |
| increments to compensate each employee. The increments
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| shall, within the salary ranges, be based on such factors | 2 |
| as bona fide
occupational qualifications, performance, and | 3 |
| length of service. Each
position in the Department shall be | 4 |
| placed on the compensation schedule
according to job duties | 5 |
| and responsibilities of such position. The policy
and | 6 |
| procedures of the compensation schedule shall be made | 7 |
| available to each
employee.
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| (8) In order to obtain full reimbursement of all approved | 9 |
| costs, each
Department must continue to employ at least the | 10 |
| same number of
probation
officers and probation managers as | 11 |
| were
authorized for employment for the
fiscal year which | 12 |
| includes January 1, 1985. This number shall be designated
as | 13 |
| the base amount of the Department. No positions approved by the | 14 |
| Division
under paragraph (b) of subsection 4 will be included | 15 |
| in the base amount.
In the event that the Department employs | 16 |
| fewer
Probation officers and
Probation managers than the base | 17 |
| amount for a
period of 90 days, funding
received by the | 18 |
| Department under subsection 4 of this
Section may be reduced on | 19 |
| a monthly basis by the amount of the current
salaries of any | 20 |
| positions below the base amount.
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| (9) Before the 15th day of each month, the treasurer of any | 22 |
| county which
has a Probation and Court Services Department, or
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| the treasurer of the most
populous county, in the case of a | 24 |
| Probation or
Court Services Department
funded by more than one | 25 |
| county, shall submit an itemized statement of all
approved | 26 |
| costs incurred in the delivery of Basic
Probation and Court
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| Services under this Act to the Supreme Court.
The treasurer may | 2 |
| also submit an itemized statement of all approved costs
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| incurred in the delivery of new and expanded
Probation and | 4 |
| Court Services
as well as Individualized Services and Programs. | 5 |
| The Supreme Court or
its designee shall verify compliance with | 6 |
| this Section and shall examine
and audit the monthly statement | 7 |
| and, upon finding them to be correct, shall
forward them to the | 8 |
| Comptroller for payment to the county treasurer. In the
case of | 9 |
| payment to a treasurer of a county which is the most populous | 10 |
| of
counties sharing the salary and expenses of a
Probation and | 11 |
| Court Services
Department, the treasurer shall divide the money | 12 |
| between the counties in a
manner that reflects each county's | 13 |
| share of the cost incurred by the
Department.
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| (10) The county treasurer must certify that funds received | 15 |
| under this
Section shall be used solely to maintain and improve
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| Probation and Court
Services. The county or circuit shall | 17 |
| remain in compliance with all
standards, policies and | 18 |
| regulations established by the Supreme Court.
If at any time | 19 |
| the Supreme Court determines that a county or circuit is not
in | 20 |
| compliance, the Supreme Court shall immediately notify the | 21 |
| Chief Judge,
county board chairman and the Director of Court | 22 |
| Services Chief
Probation Officer. If after 90 days of written
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| notice the noncompliance
still exists, the Supreme Court shall | 24 |
| be required to reduce the amount of
monthly reimbursement by | 25 |
| 10%. An additional 10% reduction of monthly
reimbursement shall | 26 |
| occur for each consecutive month of noncompliance.
Except as |
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| provided in subsection 5 of Section 15, funding to counties | 2 |
| shall
commence on April 1, 1986. Funds received under this Act | 3 |
| shall be used to
provide for Probation Department expenses
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| including those required under
Section 13 of this Act. For | 5 |
| State fiscal years 2004, 2005, 2006, and 2007 only, the | 6 |
| Mandatory
Arbitration Fund may be used to provide for Probation | 7 |
| Department expenses,
including those required under Section 13 | 8 |
| of this Act.
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| (11) The respective counties shall be responsible for | 10 |
| capital and space
costs, fringe benefits, clerical costs, | 11 |
| equipment, telecommunications,
postage, commodities and | 12 |
| printing.
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| (12) For purposes of this Act only, probation officers | 14 |
| shall be
considered
peace officers. In the
exercise of their | 15 |
| official duties, probation
officers, sheriffs, and police
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| officers may, anywhere within the State, arrest any probationer | 17 |
| who is in
violation of any of the conditions of his or her | 18 |
| probation, conditional
discharge, or supervision, and it shall | 19 |
| be the
duty of the officer making the arrest to take the | 20 |
| probationer
before the
Court having jurisdiction over the | 21 |
| probationer for further order.
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| (13) Beginning January 1, 2008, each probation officer | 23 |
| shall receive at least 30 hours per year in training or | 24 |
| continuing education, provided that such training or | 25 |
| continuing education programs have been approved in advance by | 26 |
| the Division of Probation Services.
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| (Source: P.A. 93-25, eff. 6-20-03; 93-576, eff. 1-1-04; 93-839, | 2 |
| eff. 7-30-04; 94-91, eff. 7-1-05; 94-696, eff. 6-1-06; 94-839, | 3 |
| eff. 6-6-06.)
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