Full Text of SB1289 96th General Assembly
SB1289ham005 96TH GENERAL ASSEMBLY
|
Rep. William D. Burns
Filed: 5/22/2009
|
|
09600SB1289ham005 |
|
LRB096 03761 RLC 27353 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 1289
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 1289, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
| 5 |
| "Section 1. Short title. This Act may be cited as the | 6 |
| Illinois Crime Reduction Act of 2009. | 7 |
| Section 5. Purpose and Definitions. | 8 |
| (a) Purpose. The General Assembly hereby declares that it | 9 |
| is the policy of Illinois to preserve public safety, reduce | 10 |
| crime, and make the most effective use of correctional | 11 |
| resources. Currently, the Illinois correctional system | 12 |
| overwhelmingly incarcerates people whose time in prison does | 13 |
| not result in improved behavior and who return to Illinois | 14 |
| communities in less than one year. It is therefore the purpose | 15 |
| of this Act to create an infrastructure to provide effective | 16 |
| resources and services to incarcerated individuals and |
|
|
|
09600SB1289ham005 |
- 2 - |
LRB096 03761 RLC 27353 a |
|
| 1 |
| individuals supervised in the locality; to hold offenders | 2 |
| accountable; to successfully rehabilitate offenders to prevent | 3 |
| future involvement with the criminal justice system; to measure | 4 |
| the overall effectiveness of the criminal justice system in | 5 |
| achieving this policy; and to create the Adult Redeploy | 6 |
| Illinois program for those who do not fall under the definition | 7 |
| of violent offenders. | 8 |
| (b) Definitions. As used in this Act, unless the context | 9 |
| clearly requires otherwise: | 10 |
| (1) "Assets" are an offender's qualities or resources, | 11 |
| such as family and other positive support systems, | 12 |
| educational achievement, and employment history, that | 13 |
| research has demonstrated will decrease the likelihood | 14 |
| that the offender will re-offend and increase the | 15 |
| likelihood that the offender will successfully reintegrate | 16 |
| into the locality. | 17 |
| (2) "Case plan" means a consistently updated written | 18 |
| proposal that shall follow the offender through all phases | 19 |
| of the criminal justice system, that is based on the | 20 |
| offender's risks, assets, and needs as identified through | 21 |
| the assessment tool described in this Act, and that | 22 |
| outlines steps the offender shall take and the programs in | 23 |
| which the offender shall participate to maximize the | 24 |
| offender's ability to be rehabilitated. | 25 |
| (3) "Conditions of supervision" include conditions | 26 |
| described in Section 5-6-3.1 of the Unified Code of |
|
|
|
09600SB1289ham005 |
- 3 - |
LRB096 03761 RLC 27353 a |
|
| 1 |
| Corrections.
| 2 |
| (4) "Evidence-based practices" means policies, | 3 |
| procedures, programs, and practices that have been | 4 |
| demonstrated to reduce recidivism among incarcerated | 5 |
| individuals and individuals on local supervision. | 6 |
| (5) "Local supervision" includes supervision in | 7 |
| local-based, non-incarceration settings under such | 8 |
| conditions and reporting requirements as are imposed by the | 9 |
| court or the Prisoner Review Board. | 10 |
| (6) "Needs" include an offender's criminogenic | 11 |
| qualities, skills, and experiences that can be altered in | 12 |
| ways that research has demonstrated will minimize the | 13 |
| offender's chances of re-offending and maximize the | 14 |
| offender's chances of successfully reintegrating into the | 15 |
| locality. | 16 |
| (7) "Risks" include the attributes of an offender that | 17 |
| are commonly considered to be those variables, such as age, | 18 |
| prior criminal history, history of joblessness, and lack of | 19 |
| education that research has demonstrated contribute to an | 20 |
| offender's likelihood of re-offending and impact an | 21 |
| offender's ability to successfully reintegrate into the | 22 |
| locality. | 23 |
| (8) "Violent offender" means a person convicted of a | 24 |
| violent crime as defined in subsection (c) of Section 3 of | 25 |
| the Rights of Crime Victims and Witnesses Act.
|
|
|
|
09600SB1289ham005 |
- 4 - |
LRB096 03761 RLC 27353 a |
|
| 1 |
| Section 10. Evidence-Based Programming.
| 2 |
| (a) Purpose. Research and practice have identified new | 3 |
| strategies and policies that can result in a significant | 4 |
| reduction in recidivism rates and the successful local | 5 |
| reintegration of offenders. The purpose of this Section is to | 6 |
| ensure that State and local agencies direct their resources to | 7 |
| services and programming that have been demonstrated to be | 8 |
| effective in reducing recidivism and reintegrating offenders | 9 |
| into the locality. | 10 |
| (b) Evidence-based programming in local supervision. | 11 |
| (1) The Parole Division of the Department of | 12 |
| Corrections and the Prisoner Review Board shall adopt | 13 |
| policies, rules, and regulations that, within the first | 14 |
| year of the adoption, validation, and utilization of the | 15 |
| statewide, standardized risk assessment tool described in | 16 |
| this Act, result in at least 25% of supervised individuals | 17 |
| being supervised in accordance with evidence-based | 18 |
| practices; within 3 years of the adoption, validation, and | 19 |
| utilization of the statewide, standardized risk assessment | 20 |
| tool result in at least 50% of supervised individuals being | 21 |
| supervised in accordance with evidence-based practices; | 22 |
| and within 5 years of the adoption, validation, and | 23 |
| utilization of the statewide, standardized risk assessment | 24 |
| tool result in at least 75% of supervised individuals being | 25 |
| supervised in accordance with evidence-based practices. | 26 |
| The policies, rules, and regulations shall: |
|
|
|
09600SB1289ham005 |
- 5 - |
LRB096 03761 RLC 27353 a |
|
| 1 |
| (A) Provide for a standardized individual case | 2 |
| plan that follows the offender through the criminal | 3 |
| justice system (including in-prison if the supervised | 4 |
| individual is in prison) that is:
| 5 |
| (i) Based on the assets of the individual as | 6 |
| well as his or her risks and needs identified | 7 |
| through the assessment tool as described in this | 8 |
| Act. | 9 |
| (ii) Comprised of treatment and supervision | 10 |
| services appropriate to achieve the purpose of | 11 |
| this Act. | 12 |
| (iii) Consistently updated, based on program | 13 |
| participation by the supervised individual and | 14 |
| other behavior modification exhibited by the | 15 |
| supervised individual. | 16 |
| (B) Concentrate resources and services on | 17 |
| high-risk offenders. | 18 |
| (C) Provide for the use of evidence-based | 19 |
| programming related to education, job training, | 20 |
| cognitive behavioral therapy, and other programming | 21 |
| designed to reduce criminal behavior. | 22 |
| (D) Establish a system of graduated responses. | 23 |
| (i) The system shall set forth a menu of | 24 |
| presumptive responses for the most common types of | 25 |
| supervision violations.
| 26 |
| (ii) The system shall be guided by the model |
|
|
|
09600SB1289ham005 |
- 6 - |
LRB096 03761 RLC 27353 a |
|
| 1 |
| list of intermediate sanctions created by the | 2 |
| Probation Services Division of the State of | 3 |
| Illinois pursuant to subsection (1) of Section 15 | 4 |
| of the Probation and Probation Officers Act and the | 5 |
| system of intermediate sanctions created by the | 6 |
| Chief Judge of each circuit court pursuant to | 7 |
| Section 5-6-1 of the Unified Code of Corrections. | 8 |
| (iii) The system of responses shall take into | 9 |
| account factors such as the severity of the current | 10 |
| violation; the supervised individual's risk level | 11 |
| as determined by a validated assessment tool | 12 |
| described in this Act; the supervised individual's | 13 |
| assets; his or her previous criminal record; and | 14 |
| the number and severity of any previous | 15 |
| supervision violations. | 16 |
| (iv) The system shall also define positive | 17 |
| reinforcements that supervised individuals may | 18 |
| receive for compliance with conditions of | 19 |
| supervision. | 20 |
| (v) Response to violations should be swift and | 21 |
| certain and should be imposed as soon as | 22 |
| practicable but no longer than 3 working days of | 23 |
| detection of the violation behavior. | 24 |
| (2) Conditions of local supervision (probation and | 25 |
| mandatory supervised release). Conditions of local | 26 |
| supervision whether imposed by a sentencing judge or the |
|
|
|
09600SB1289ham005 |
- 7 - |
LRB096 03761 RLC 27353 a |
|
| 1 |
| Prisoner Review Board shall be imposed in accordance with | 2 |
| the offender's risks, assets, and needs as identified | 3 |
| through the assessment tool described in this Act. | 4 |
| (c) Evidence-based in-prison programming. | 5 |
| (1) The Department of Corrections shall adopt | 6 |
| policies, rules, and regulations that, within the first | 7 |
| year of the adoption, validation, and utilization of the | 8 |
| statewide, standardized risk assessment tool described in | 9 |
| this Act, result in at least 25% of incarcerated | 10 |
| individuals receiving services and programming in | 11 |
| accordance with evidence-based practices; within 3 years | 12 |
| of the adoption, validation, and utilization of the | 13 |
| statewide, standardized risk assessment tool result in at | 14 |
| least 50% of incarcerated individuals receiving services | 15 |
| and programming in accordance with evidence-based | 16 |
| practices; and within 5 years of the adoption, validation, | 17 |
| and utilization of the statewide, standardized risk | 18 |
| assessment tool result in at least 75% of incarcerated | 19 |
| individuals receiving services and programming in | 20 |
| accordance with evidence-based practices. The policies, | 21 |
| rules, and regulations shall: | 22 |
| (A) Provide for the use and development of a case | 23 |
| plan based on the risks, assets, and needs identified | 24 |
| through the assessment tool as described in this Act. | 25 |
| The case plan should be used to determine in-prison | 26 |
| programming; should be continuously updated based on |
|
|
|
09600SB1289ham005 |
- 8 - |
LRB096 03761 RLC 27353 a |
|
| 1 |
| program participation by the prisoner and other | 2 |
| behavior modification exhibited by the prisoner; and | 3 |
| should be used when creating the case plan described in | 4 |
| subsection (b).
| 5 |
| (B) Provide for the use of evidence-based | 6 |
| programming related to education, job training, | 7 |
| cognitive behavioral therapy and other evidence-based | 8 |
| programming. | 9 |
| (C) Establish education programs based on a | 10 |
| teacher to student ratio of no more than 1:30. | 11 |
| (D) Expand the use of drug prisons, modeled after | 12 |
| the Sheridan Correctional Center, to provide | 13 |
| sufficient drug treatment and other support services | 14 |
| to non-violent inmates with a history of substance | 15 |
| abuse. | 16 |
| (2) Participation and completion of programming by | 17 |
| prisoners can impact earned time credit as determined under | 18 |
| Section 3-6-3 of the Unified Code of Corrections. | 19 |
| (3) The Department of Corrections shall provide its | 20 |
| employees with intensive and on-going training and | 21 |
| professional development services to support the | 22 |
| implementation of evidence-based practices. The training | 23 |
| and professional development services shall include | 24 |
| assessment techniques, case planning, cognitive behavioral | 25 |
| training, risk reduction and intervention strategies, | 26 |
| effective communication skills, substance abuse treatment |
|
|
|
09600SB1289ham005 |
- 9 - |
LRB096 03761 RLC 27353 a |
|
| 1 |
| education and other topics identified by the Department or | 2 |
| its employees. | 3 |
| (d) The Parole Division of the Department of Corrections | 4 |
| and the Prisoner Review Board shall provide their employees | 5 |
| with intensive and on-going training and professional | 6 |
| development services to support the implementation of | 7 |
| evidence-based practices. The training and professional | 8 |
| development services shall include assessment techniques, case | 9 |
| planning, cognitive behavioral training, risk reduction and | 10 |
| intervention strategies, effective communication skills, | 11 |
| substance abuse treatment education, and other topics | 12 |
| identified by the agencies or their employees.
| 13 |
| (e) The Department of Corrections, the Prisoner Review | 14 |
| Board, and other correctional entities referenced in the | 15 |
| policies, rules, and regulations of this Act shall design, | 16 |
| implement, and make public a system to evaluate the | 17 |
| effectiveness of evidence-based practices in increasing public | 18 |
| safety and in successful reintegration of those under | 19 |
| supervision into the locality. Annually, each agency shall | 20 |
| submit to the Sentencing Policy Advisory Council a | 21 |
| comprehensive report on the success of implementing | 22 |
| evidence-based practices. The data compiled and analyzed by the | 23 |
| Council shall be delivered annually to the Governor and the | 24 |
| General Assembly.
| 25 |
| Section 15. Adoption, validation, and utilization of an |
|
|
|
09600SB1289ham005 |
- 10 - |
LRB096 03761 RLC 27353 a |
|
| 1 |
| assessment tool.
| 2 |
| (a) Purpose. In order to determine appropriate punishment | 3 |
| or services which will protect public safety, it is necessary | 4 |
| for the State and local jurisdictions to adopt a common | 5 |
| assessment tool. Supervision and correctional programs are | 6 |
| most effective at reducing future crime when they accurately | 7 |
| assess offender risks, assets, and needs, and use these | 8 |
| assessment results to assign supervision levels and target | 9 |
| programs to criminogenic needs. | 10 |
| (b) After review of the plan issued by the Task Force | 11 |
| described in subsection (c), the Department of Corrections, the | 12 |
| Parole Division of the Department of Corrections, and the | 13 |
| Prisoner Review Board shall adopt policies, rules, and | 14 |
| regulations that within 3 years of the effective date of this | 15 |
| Act result in the adoption, validation, and utilization of a | 16 |
| statewide, standardized risk assessment tool across the | 17 |
| Illinois criminal justice system. | 18 |
| (c) The Governor's Office shall convene a Risks, Assets, | 19 |
| and Needs Assessment Task Force to develop plans for the | 20 |
| adoption, validation, and utilization of such an assessment | 21 |
| tool. The Task Force shall include, but not be limited to, | 22 |
| designees from the Department of Corrections who are | 23 |
| responsible for parole services, a designee from the Cook | 24 |
| County Adult Probation; a representative from a county | 25 |
| probation office, a designee from DuPage County Adult | 26 |
| Probation, a designee from Sangamon County Adult Probation; and |
|
|
|
09600SB1289ham005 |
- 11 - |
LRB096 03761 RLC 27353 a |
|
| 1 |
| designees from the Attorney General's Office, the Prisoner | 2 |
| Review Board, the Illinois Criminal Justice Information | 3 |
| Authority, the Sentencing Policy Advisory Council, the Cook | 4 |
| County State's Attorney, a State's Attorney selected by the | 5 |
| President of the Illinois State's Attorneys Association, the | 6 |
| Cook County Public Defender, and he State Appellate Defender. | 7 |
| (c-5) The Department of Human Services shall provide | 8 |
| administrative support for the Task Force. | 9 |
| (d) The Task Force's plans shall be released within one | 10 |
| year of the effective date of this Act and shall at a minimum | 11 |
| include: | 12 |
| (1) A computerized method and design to allow each of | 13 |
| the State and local agencies and branches of government | 14 |
| which are part of the criminal justice system to share the | 15 |
| results of the assessment. The recommendations for the | 16 |
| automated system shall include cost estimates, a | 17 |
| timetable, a plan to pay for the system and for sharing | 18 |
| data across agencies and branches of government. | 19 |
| (2) A selection of a common validated tool to be used | 20 |
| across the system. | 21 |
| (3) A description of the different points in the system | 22 |
| at which the tool shall be used. | 23 |
| (4) An implementation plan, including training and the | 24 |
| selection of pilot sites to test the tool. | 25 |
| (5) How often and in what intervals offenders will be | 26 |
| reassessed. |
|
|
|
09600SB1289ham005 |
- 12 - |
LRB096 03761 RLC 27353 a |
|
| 1 |
| (6) How the results can be legally shared with | 2 |
| non-governmental organizations that provide treatment and | 3 |
| services to those under local supervision.
| 4 |
| Section 20. Adult Redeploy Illinois.
| 5 |
| (a) Purpose. When offenders are accurately assessed for | 6 |
| risk, assets, and needs, it is possible to identify which | 7 |
| people should be sent to prison and which people can be | 8 |
| effectively supervised in the locality. By providing financial | 9 |
| incentives to counties or judicial circuits to create effective | 10 |
| local-level evidence-based services, it is possible to reduce | 11 |
| crime and recidivism at a lower cost to taxpayers. Based on | 12 |
| this model, this Act hereby creates the Adult Redeploy Illinois | 13 |
| program for offenders who do not fall under the definition of | 14 |
| violent offenders in order to increase public safety and | 15 |
| encourage the successful local supervision of eligible | 16 |
| offenders and their reintegration into the locality. | 17 |
| (b) The Adult Redeploy Illinois program shall reallocate | 18 |
| State funds to local jurisdictions that successfully establish | 19 |
| a process to assess offenders and provide a continuum of | 20 |
| locally-based sanctions and treatment alternatives for | 21 |
| offenders who would be incarcerated in a State facility if | 22 |
| those local services and sanctions did not exist. The allotment | 23 |
| of funds shall be based on a formula that rewards local | 24 |
| jurisdictions for the establishment or expansion of local | 25 |
| supervision programs and requires them to pay the amount |
|
|
|
09600SB1289ham005 |
- 13 - |
LRB096 03761 RLC 27353 a |
|
| 1 |
| determined in subsection (e) if incarceration targets as | 2 |
| defined in subsection (e) are not met. | 3 |
| (c) Each county or circuit participating in the Adult | 4 |
| Redeploy Illinois program shall create a local plan describing | 5 |
| how it will protect public safety and reduce the county or | 6 |
| circuit's utilization of incarceration in State facilities or | 7 |
| local county jails by the creation or expansion of | 8 |
| individualized services or programs. | 9 |
| (d) Based on the local plan, a county or circuit shall | 10 |
| enter into an agreement with the Adult Redeploy Oversight Board | 11 |
| described in subsection (e) to reduce the number of commitments | 12 |
| to State correctional facilities from that county or circuit, | 13 |
| excluding violent offenders. The agreement shall include a | 14 |
| pledge from the county or circuit to reduce their commitments | 15 |
| by 25% of the level of commitments from the average number of | 16 |
| commitments for the past 3 years of eligible non-violent | 17 |
| offenders. In return, the county or circuit shall receive, | 18 |
| based upon a formula described in subsection (e), funds to | 19 |
| redeploy for local programming for offenders who would | 20 |
| otherwise be incarcerated such as management and supervision, | 21 |
| electronic monitoring, and drug testing. The county or circuit | 22 |
| shall also be penalized, as described in subsection (e), for | 23 |
| failure to reach the goal of reduced commitments stipulated in | 24 |
| the agreement. | 25 |
| (e) Adult Redeploy Illinois Oversight Board; members; | 26 |
| responsibilities. |
|
|
|
09600SB1289ham005 |
- 14 - |
LRB096 03761 RLC 27353 a |
|
| 1 |
| (1) The Secretary of Human Services and the Director of | 2 |
| Corrections shall within 3 months after the effective date | 3 |
| of this Act convene and act as co-chairs of an oversight | 4 |
| board to oversee the Adult Redeploy Program. The Board | 5 |
| shall include, but not be limited to, designees from the | 6 |
| Prisoner Review Board, Office of the Attorney General, | 7 |
| Illinois Criminal Justice Information Authority, and | 8 |
| Sentencing Policy Advisory Council; the Cook County | 9 |
| State's Attorney; a State's Attorney selected by the | 10 |
| President of the Illinois State's Attorneys Association; | 11 |
| the State Appellate Defender; the Cook County Public | 12 |
| Defender; a representative of Cook County Adult Probation, | 13 |
| a representative of DuPage County Adult Probation; a | 14 |
| representative of Sangamon County Adult Probation; and 4 | 15 |
| representatives from non-governmental organizations, | 16 |
| including service providers. | 17 |
| (2) The Oversight Board shall within one year after the | 18 |
| effective date of this Act: | 19 |
| (A) Develop a process to solicit applications from | 20 |
| and identify jurisdictions to be included in the Adult | 21 |
| Redeploy Illinois program. | 22 |
| (B) Define categories of membership for local | 23 |
| entities to participate in the creation and oversight | 24 |
| of the local Adult Redeploy Illinois program. | 25 |
| (C) Develop a formula for the allotment of funds to | 26 |
| local jurisdictions for local and community-based |
|
|
|
09600SB1289ham005 |
- 15 - |
LRB096 03761 RLC 27353 a |
|
| 1 |
| services in lieu of commitment to the Department of | 2 |
| Corrections and a penalty amount for failure to reach | 3 |
| the goal of reduced commitments stipulated in the | 4 |
| plans. | 5 |
| (D) Develop a standard format for the local plan to | 6 |
| be submitted by the local entity created in each county | 7 |
| or circuit. | 8 |
| (E) Identify and secure resources sufficient to | 9 |
| support the administration and evaluation of Adult | 10 |
| Redeploy Illinois. | 11 |
| (F) Develop a process to support on-going | 12 |
| monitoring and evaluation of Adult Redeploy Illinois. | 13 |
| (G) Review local plans and proposed agreements and | 14 |
| approve the distribution of resources. | 15 |
| (H) Develop a performance measurement system that | 16 |
| includes but is not limited to the following key | 17 |
| performance indicators: recidivism, rate of | 18 |
| revocations, employment rates, education achievement, | 19 |
| successful completion of substance abuse treatment | 20 |
| programs, and payment of victim restitution. Each | 21 |
| county or circuit shall include the performance | 22 |
| measurement system in its local plan and provide data | 23 |
| annually to evaluate its success.
| 24 |
| (I) Report annually the results of the performance | 25 |
| measurements on a timely basis to the Governor and | 26 |
| General Assembly.".
|
|