Illinois General Assembly - Full Text of HB5619
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Full Text of HB5619  99th General Assembly


Sen. Donne E. Trotter

Filed: 11/29/2016





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2    AMENDMENT NO. ______. Amend House Bill 5619 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 5-410 and 5-415 and by adding Section 5-420
6as follows:
7    (705 ILCS 405/5-410)
8    Sec. 5-410. Non-secure custody or detention.
9    (1) Any minor arrested or taken into custody pursuant to
10this Act who requires care away from his or her home but who
11does not require physical restriction shall be given temporary
12care in a foster family home or other shelter facility
13designated by the court.
14    (2) (a) Any minor 10 years of age or older arrested
15pursuant to this Act where there is probable cause to believe
16that the minor is a delinquent minor and that (i) secured



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1custody is a matter of immediate and urgent necessity for the
2protection of the minor or of the person or property of
3another, (ii) the minor is likely to flee the jurisdiction of
4the court, or (iii) the minor was taken into custody under a
5warrant, may be kept or detained in an authorized detention
6facility. A minor under 13 years of age shall not be admitted,
7kept, or detained in a detention facility unless a local youth
8service provider, including a provider through the
9Comprehensive Community Based Youth Services network, has been
10contacted and has not been able to accept the minor. No minor
11under 12 years of age shall be detained in a county jail or a
12municipal lockup for more than 6 hours.
13    (b) The written authorization of the probation officer or
14detention officer (or other public officer designated by the
15court in a county having 3,000,000 or more inhabitants)
16constitutes authority for the superintendent of any juvenile
17detention home to detain and keep a minor for up to 48 40
18hours, excluding Saturdays, Sundays and court-designated
19holidays. These records shall be available to the same persons
20and pursuant to the same conditions as are law enforcement
21records as provided in Section 5-905.
22    (b-4) The consultation required by subsection (b-5) shall
23not be applicable if the probation officer or detention officer
24(or other public officer designated by the court in a county
25having 3,000,000 or more inhabitants) utilizes a scorable
26detention screening instrument, which has been developed with



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1input by the State's Attorney, to determine whether a minor
2should be detained, however, subsection (b-5) shall still be
3applicable where no such screening instrument is used or where
4the probation officer, detention officer (or other public
5officer designated by the court in a county having 3,000,000 or
6more inhabitants) deviates from the screening instrument.
7    On and after January 1, 2019, a detention screening
8instrument shall be used for referrals to all authorized
9juvenile detention facilities in this State prior to a judicial
10hearing. The detention screening instrument shall be developed
11and validated by the Probation Division of the Administrative
12Office of the Illinois Courts, as provided in Section 15 of the
13Probation and Probation Officers Act, and subject to approval
14by the Chief Judge of each Circuit.
15    (b-5) Subject to the provisions of subsection (b-4), if a
16probation officer or detention officer (or other public officer
17designated by the court in a county having 3,000,000 or more
18inhabitants) does not intend to detain a minor for an offense
19which constitutes one of the following offenses he or she shall
20consult with the State's Attorney's Office prior to the release
21of the minor: first degree murder, second degree murder,
22involuntary manslaughter, criminal sexual assault, aggravated
23criminal sexual assault, aggravated battery with a firearm as
24described in Section 12-4.2 or subdivision (e)(1), (e)(2),
25(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
26battery involving permanent disability or disfigurement or



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1great bodily harm, robbery, aggravated robbery, armed robbery,
2vehicular hijacking, aggravated vehicular hijacking, vehicular
3invasion, arson, aggravated arson, kidnapping, aggravated
4kidnapping, home invasion, burglary, or residential burglary.
5    (c) Except as otherwise provided in paragraph (a), (d), or
6(e), no minor shall be detained in a county jail or municipal
7lockup for more than 12 hours, unless the offense is a crime of
8violence in which case the minor may be detained up to 24
9hours. For the purpose of this paragraph, "crime of violence"
10has the meaning ascribed to it in Section 1-10 of the
11Alcoholism and Other Drug Abuse and Dependency Act.
12        (i) The period of detention is deemed to have begun
13    once the minor has been placed in a locked room or cell or
14    handcuffed to a stationary object in a building housing a
15    county jail or municipal lockup. Time spent transporting a
16    minor is not considered to be time in detention or secure
17    custody.
18        (ii) Any minor so confined shall be under periodic
19    supervision and shall not be permitted to come into or
20    remain in contact with adults in custody in the building.
21        (iii) Upon placement in secure custody in a jail or
22    lockup, the minor shall be informed of the purpose of the
23    detention, the time it is expected to last and the fact
24    that it cannot exceed the time specified under this Act.
25        (iv) A log shall be kept which shows the offense which
26    is the basis for the detention, the reasons and



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1    circumstances for the decision to detain and the length of
2    time the minor was in detention.
3        (v) Violation of the time limit on detention in a
4    county jail or municipal lockup shall not, in and of
5    itself, render inadmissible evidence obtained as a result
6    of the violation of this time limit. Minors under 18 years
7    of age shall be kept separate from confined adults and may
8    not at any time be kept in the same cell, room or yard with
9    adults confined pursuant to criminal law. Persons 18 years
10    of age and older who have a petition of delinquency filed
11    against them may be confined in an adult detention
12    facility. In making a determination whether to confine a
13    person 18 years of age or older who has a petition of
14    delinquency filed against the person, these factors, among
15    other matters, shall be considered:
16            (A) The age of the person;
17            (B) Any previous delinquent or criminal history of
18        the person;
19            (C) Any previous abuse or neglect history of the
20        person; and
21            (D) Any mental health or educational history of the
22        person, or both.
23    (d) (i) If a minor 12 years of age or older is confined in a
24county jail in a county with a population below 3,000,000
25inhabitants, then the minor's confinement shall be implemented
26in such a manner that there will be no contact by sight, sound



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1or otherwise between the minor and adult prisoners. Minors 12
2years of age or older must be kept separate from confined
3adults and may not at any time be kept in the same cell, room,
4or yard with confined adults. This paragraph (d)(i) shall only
5apply to confinement pending an adjudicatory hearing and shall
6not exceed 48 40 hours, excluding Saturdays, Sundays and court
7designated holidays. To accept or hold minors during this time
8period, county jails shall comply with all monitoring standards
9adopted by the Department of Corrections and training standards
10approved by the Illinois Law Enforcement Training Standards
12    (ii) To accept or hold minors, 12 years of age or older,
13after the time period prescribed in paragraph (d)(i) of this
14subsection (2) of this Section but not exceeding 7 days
15including Saturdays, Sundays and holidays pending an
16adjudicatory hearing, county jails shall comply with all
17temporary detention standards adopted by the Department of
18Corrections and training standards approved by the Illinois Law
19Enforcement Training Standards Board.
20    (iii) To accept or hold minors 12 years of age or older,
21after the time period prescribed in paragraphs (d)(i) and
22(d)(ii) of this subsection (2) of this Section, county jails
23shall comply with all county juvenile detention standards
24adopted by the Department of Juvenile Justice.
25    (e) When a minor who is at least 15 years of age is
26prosecuted under the criminal laws of this State, the court may



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1enter an order directing that the juvenile be confined in the
2county jail. However, any juvenile confined in the county jail
3under this provision shall be separated from adults who are
4confined in the county jail in such a manner that there will be
5no contact by sight, sound or otherwise between the juvenile
6and adult prisoners.
7    (f) For purposes of appearing in a physical lineup, the
8minor may be taken to a county jail or municipal lockup under
9the direct and constant supervision of a juvenile police
10officer. During such time as is necessary to conduct a lineup,
11and while supervised by a juvenile police officer, the sight
12and sound separation provisions shall not apply.
13    (g) For purposes of processing a minor, the minor may be
14taken to a County Jail or municipal lockup under the direct and
15constant supervision of a law enforcement officer or
16correctional officer. During such time as is necessary to
17process the minor, and while supervised by a law enforcement
18officer or correctional officer, the sight and sound separation
19provisions shall not apply.
20    (3) If the probation officer or State's Attorney (or such
21other public officer designated by the court in a county having
223,000,000 or more inhabitants) determines that the minor may be
23a delinquent minor as described in subsection (3) of Section
245-105, and should be retained in custody but does not require
25physical restriction, the minor may be placed in non-secure
26custody for up to 40 hours pending a detention hearing.



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1    (4) Any minor taken into temporary custody, not requiring
2secure detention, may, however, be detained in the home of his
3or her parent or guardian subject to such conditions as the
4court may impose.
5    (5) The changes made to this Section by Public Act 98-61
6apply to a minor who has been arrested or taken into custody on
7or after January 1, 2014 (the effective date of Public Act
9(Source: P.A. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756,
10eff. 7-16-14; 99-254, eff. 1-1-16.)
11    (705 ILCS 405/5-415)
12    Sec. 5-415. Setting of detention or shelter care hearing;
14    (1) Unless sooner released, a minor alleged to be a
15delinquent minor taken into temporary custody must be brought
16before a judicial officer within 48 40 hours for a detention or
17shelter care hearing to determine whether he or she shall be
18further held in custody. If a minor alleged to be a delinquent
19minor taken into custody is hospitalized or is receiving
20treatment for a physical or mental condition, and is unable to
21be brought before a judicial officer for a detention or shelter
22care hearing, the 48 40 hour period will not commence until the
23minor is released from the hospital or place of treatment. If
24the minor gives false information to law enforcement officials
25regarding the minor's identity or age, the 48 40 hour period



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1will not commence until the court rules that the minor is
2subject to this Act and not subject to prosecution under the
3Criminal Code of 1961 or the Criminal Code of 2012. Any other
4delay attributable to a minor alleged to be a delinquent minor
5who is taken into temporary custody shall act to toll the 48 40
6hour time period. The 48 40 hour time period shall be tolled to
7allow counsel for the minor to prepare for the detention or
8shelter care hearing, upon a motion filed by such counsel and
9granted by the court. In all cases, the 48 40 hour time period
10includes any Saturday, Sunday, or court-designated holiday
11within the period is exclusive of Saturdays, Sundays and
12court-designated holidays.
13    (2) If the State's Attorney or probation officer (or other
14public officer designated by the court in a county having more
15than 3,000,000 inhabitants) determines that the minor should be
16retained in custody, he or she shall cause a petition to be
17filed as provided in Section 5-520 of this Article, and the
18clerk of the court shall set the matter for hearing on the
19detention or shelter care hearing calendar. Immediately upon
20the filing of a petition in the case of a minor retained in
21custody, the court shall cause counsel to be appointed to
22represent the minor. When a parent, legal guardian, custodian,
23or responsible relative is present and so requests, the
24detention or shelter care hearing shall be held immediately if
25the court is in session and the State is ready to proceed,
26otherwise at the earliest feasible time. In no event shall a



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1detention or shelter care hearing be held until the minor has
2had adequate opportunity to consult with counsel. The probation
3officer or such other public officer designated by the court in
4a county having more than 3,000,000 inhabitants shall notify
5the minor's parent, legal guardian, custodian, or responsible
6relative of the time and place of the hearing. The notice may
7be given orally.
8    (3) The minor must be released from custody at the
9expiration of the 48 40 hour period specified by this Section
10if not brought before a judicial officer within that period.
11    (4) After the initial 48 40 hour period has lapsed, the
12court may review the minor's custodial status at any time prior
13to the trial or sentencing hearing. If during this time period
14new or additional information becomes available concerning the
15minor's conduct, the court may conduct a hearing to determine
16whether the minor should be placed in a detention or shelter
17care facility. If the court finds that there is probable cause
18that the minor is a delinquent minor and that it is a matter of
19immediate and urgent necessity for the protection of the minor
20or of the person or property of another, or that he or she is
21likely to flee the jurisdiction of the court, the court may
22order that the minor be placed in detention or shelter care.
23(Source: P.A. 97-1150, eff. 1-25-13.)
24    (705 ILCS 405/5-420 new)
25    Sec. 5-420. Minor's appearance by closed circuit



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1television and video conference.
2    (a) If an appearance, under this Act, is required of any
3minor taken and held in a place of custody or confinement
4operated by the State or any of its political subdivisions,
5including counties and municipalities, the chief judge of the
6circuit may permit by rule for the minor's personal appearance
7to be made by means of two-way audio-visual communication,
8including closed circuit television and computerized video
9conference, in the following proceedings:
10        (1) the initial appearance before a judge;
11        (2) a detention or shelter care hearing; or
12        (3) any status hearing.
13    (b) The two-way audio-visual communication facilities must
14provide two-way audio-visual communication between the court
15and the place of custody or confinement, and must include a
16secure line over which the minor in custody and his or her
17counsel may communicate.
18    (c) Nothing in this Section shall be construed to prohibit
19other court appearances through the use of two-way audio-visual
20communication, upon waiver of any right the minor in custody or
21confinement may have to be present physically.
22    (d) Nothing in this Section shall be construed to establish
23a right of any minor held in custody or confinement to appear
24in court through two-way audio-visual communication or to
25require that any governmental entity, or place of custody or
26confinement, provide two-way audio-visual communication.



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1    Section 10. The Probation and Probation Officers Act is
2amended by changing Section 15 as follows:
3    (730 ILCS 110/15)  (from Ch. 38, par. 204-7)
4    Sec. 15. (1) The Supreme Court of Illinois may establish a
5Division of Probation Services whose purpose shall be the
6development, establishment, promulgation, and enforcement of
7uniform standards for probation services in this State, and to
8otherwise carry out the intent of this Act. The Division may:
9        (a) establish qualifications for chief probation
10    officers and other probation and court services personnel
11    as to hiring, promotion, and training.
12        (b) make available, on a timely basis, lists of those
13    applicants whose qualifications meet the regulations
14    referred to herein, including on said lists all candidates
15    found qualified.
16        (c) establish a means of verifying the conditions for
17    reimbursement under this Act and develop criteria for
18    approved costs for reimbursement.
19        (d) develop standards and approve employee
20    compensation schedules for probation and court services
21    departments.
22        (e) employ sufficient personnel in the Division to
23    carry out the functions of the Division.
24        (f) establish a system of training and establish



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1    standards for personnel orientation and training.
2        (g) develop standards for a system of record keeping
3    for cases and programs, gather statistics, establish a
4    system of uniform forms, and develop research for planning
5    of Probation Services.
6        (h) develop standards to assure adequate support
7    personnel, office space, equipment and supplies, travel
8    expenses, and other essential items necessary for
9    Probation and Court Services Departments to carry out their
10    duties.
11        (i) review and approve annual plans submitted by
12    Probation and Court Services Departments.
13        (j) monitor and evaluate all programs operated by
14    Probation and Court Services Departments, and may include
15    in the program evaluation criteria such factors as the
16    percentage of Probation sentences for felons convicted of
17    Probationable offenses.
18        (k) seek the cooperation of local and State government
19    and private agencies to improve the quality of probation
20    and court services.
21        (l) where appropriate, establish programs and
22    corresponding standards designed to generally improve the
23    quality of probation and court services and reduce the rate
24    of adult or juvenile offenders committed to the Department
25    of Corrections.
26        (m) establish such other standards and regulations and



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1    do all acts necessary to carry out the intent and purposes
2    of this Act.
3    The Division shall adopt a statewide juvenile detention
4screening instrument that has been verified through
5evidence-based and data-based practices that is to be used by
6all authorized juvenile detention facilities. The scoring for
7this screening tool may include, but is not limited to, the
8following determinations or factors:
9        (i) the likelihood that the juvenile will appear in
10    court;
11        (ii) the severity of the charge against the juvenile;
12        (iii) whether the current incident involved violence
13    or a weapon, or the threat of or use of a weapon;
14        (iv) the number of prior interactions the juvenile has
15    with the juvenile justice system;
16        (v) whether prior incidents of the juvenile involved
17    violence or a weapon, or the threat of or use of a weapon;
18        (vi) whether there is a safe environment to return the
19    juvenile to; and
20        (vii) whether the family members of the juvenile would
21    feel safe if the juvenile returns to his or her home
22    environment.
23    This screening tool and its use shall be race and gender
24neutral and shall include protections from all forms of bias.
25The Division may recommend and adopt updates to the screening
26tool and its usage on a regular basis.



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1    The Division shall develop standards to implement the
2Domestic Violence Surveillance Program established under
3Section 5-8A-7 of the Unified Code of Corrections, including
4(i) procurement of equipment and other services necessary to
5implement the program and (ii) development of uniform standards
6for the delivery of the program through county probation
7departments, and develop standards for collecting data to
8evaluate the impact and costs of the Domestic Violence
9Surveillance Program.
10    The Division shall establish a model list of structured
11intermediate sanctions that may be imposed by a probation
12agency for violations of terms and conditions of a sentence of
13probation, conditional discharge, or supervision.
14    The State of Illinois shall provide for the costs of
15personnel, travel, equipment, telecommunications, postage,
16commodities, printing, space, contractual services and other
17related costs necessary to carry out the intent of this Act.
18    (2) (a) The chief judge of each circuit shall provide
19full-time probation services for all counties within the
20circuit, in a manner consistent with the annual probation plan,
21the standards, policies, and regulations established by the
22Supreme Court. A probation district of two or more counties
23within a circuit may be created for the purposes of providing
24full-time probation services. Every county or group of counties
25within a circuit shall maintain a probation department which
26shall be under the authority of the Chief Judge of the circuit



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1or some other judge designated by the Chief Judge. The Chief
2Judge, through the Probation and Court Services Department
3shall submit annual plans to the Division for probation and
4related services.
5    (b) The Chief Judge of each circuit shall appoint the Chief
6Probation Officer and all other probation officers for his or
7her circuit from lists of qualified applicants supplied by the
8Supreme Court. Candidates for chief managing officer and other
9probation officer positions must apply with both the Chief
10Judge of the circuit and the Supreme Court.
11    (3) A Probation and Court Service Department shall apply to
12the Supreme Court for funds for basic services, and may apply
13for funds for new and expanded programs or Individualized
14Services and Programs. Costs shall be reimbursed monthly based
15on a plan and budget approved by the Supreme Court. No
16Department may be reimbursed for costs which exceed or are not
17provided for in the approved annual plan and budget. After the
18effective date of this amendatory Act of 1985, each county must
19provide basic services in accordance with the annual plan and
20standards created by the division. No department may receive
21funds for new or expanded programs or individualized services
22and programs unless they are in compliance with standards as
23enumerated in paragraph (h) of subsection (1) of this Section,
24the annual plan, and standards for basic services.
25    (4) The Division shall reimburse the county or counties for
26probation services as follows:



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1        (a) 100% of the salary of all chief managing officers
2    designated as such by the Chief Judge and the division.
3        (b) 100% of the salary for all probation officer and
4    supervisor positions approved for reimbursement by the
5    division after April 1, 1984, to meet workload standards
6    and to implement intensive sanction and probation
7    supervision programs and other basic services as defined in
8    this Act.
9        (c) 100% of the salary for all secure detention
10    personnel and non-secure group home personnel approved for
11    reimbursement after December 1, 1990. For all such
12    positions approved for reimbursement before December 1,
13    1990, the counties shall be reimbursed $1,250 per month
14    beginning July 1, 1995, and an additional $250 per month
15    beginning each July 1st thereafter until the positions
16    receive 100% salary reimbursement. Allocation of such
17    positions will be based on comparative need considering
18    capacity, staff/resident ratio, physical plant and
19    program.
20        (d) $1,000 per month for salaries for the remaining
21    probation officer positions engaged in basic services and
22    new or expanded services. All such positions shall be
23    approved by the division in accordance with this Act and
24    division standards.
25        (e) 100% of the travel expenses in accordance with
26    Division standards for all Probation positions approved



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1    under paragraph (b) of subsection 4 of this Section.
2        (f) If the amount of funds reimbursed to the county
3    under paragraphs (a) through (e) of subsection 4 of this
4    Section on an annual basis is less than the amount the
5    county had received during the 12 month period immediately
6    prior to the effective date of this amendatory Act of 1985,
7    then the Division shall reimburse the amount of the
8    difference to the county. The effect of paragraph (b) of
9    subsection 7 of this Section shall be considered in
10    implementing this supplemental reimbursement provision.
11    (5) The Division shall provide funds beginning on April 1,
121987 for the counties to provide Individualized Services and
13Programs as provided in Section 16 of this Act.
14    (6) A Probation and Court Services Department in order to
15be eligible for the reimbursement must submit to the Supreme
16Court an application containing such information and in such a
17form and by such dates as the Supreme Court may require.
18Departments to be eligible for funding must satisfy the
19following conditions:
20        (a) The Department shall have on file with the Supreme
21    Court an annual Probation plan for continuing, improved,
22    and new Probation and Court Services Programs approved by
23    the Supreme Court or its designee. This plan shall indicate
24    the manner in which Probation and Court Services will be
25    delivered and improved, consistent with the minimum
26    standards and regulations for Probation and Court



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1    Services, as established by the Supreme Court. In counties
2    with more than one Probation and Court Services Department
3    eligible to receive funds, all Departments within that
4    county must submit plans which are approved by the Supreme
5    Court.
6        (b) The annual probation plan shall seek to generally
7    improve the quality of probation services and to reduce the
8    commitment of adult offenders to the Department of
9    Corrections and to reduce the commitment of juvenile
10    offenders to the Department of Juvenile Justice and shall
11    require, when appropriate, coordination with the
12    Department of Corrections, the Department of Juvenile
13    Justice, and the Department of Children and Family Services
14    in the development and use of community resources,
15    information systems, case review and permanency planning
16    systems to avoid the duplication of services.
17        (c) The Department shall be in compliance with
18    standards developed by the Supreme Court for basic, new and
19    expanded services, training, personnel hiring and
20    promotion.
21        (d) The Department shall in its annual plan indicate
22    the manner in which it will support the rights of crime
23    victims and in which manner it will implement Article I,
24    Section 8.1 of the Illinois Constitution and in what manner
25    it will coordinate crime victims' support services with
26    other criminal justice agencies within its jurisdiction,



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1    including but not limited to, the State's Attorney, the
2    Sheriff and any municipal police department.
3    (7) No statement shall be verified by the Supreme Court or
4its designee or vouchered by the Comptroller unless each of the
5following conditions have been met:
6        (a) The probation officer is a full-time employee
7    appointed by the Chief Judge to provide probation services.
8        (b) The probation officer, in order to be eligible for
9    State reimbursement, is receiving a salary of at least
10    $17,000 per year.
11        (c) The probation officer is appointed or was
12    reappointed in accordance with minimum qualifications or
13    criteria established by the Supreme Court; however, all
14    probation officers appointed prior to January 1, 1978,
15    shall be exempted from the minimum requirements
16    established by the Supreme Court. Payments shall be made to
17    counties employing these exempted probation officers as
18    long as they are employed in the position held on the
19    effective date of this amendatory Act of 1985. Promotions
20    shall be governed by minimum qualifications established by
21    the Supreme Court.
22        (d) The Department has an established compensation
23    schedule approved by the Supreme Court. The compensation
24    schedule shall include salary ranges with necessary
25    increments to compensate each employee. The increments
26    shall, within the salary ranges, be based on such factors



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1    as bona fide occupational qualifications, performance, and
2    length of service. Each position in the Department shall be
3    placed on the compensation schedule according to job duties
4    and responsibilities of such position. The policy and
5    procedures of the compensation schedule shall be made
6    available to each employee.
7    (8) In order to obtain full reimbursement of all approved
8costs, each Department must continue to employ at least the
9same number of probation officers and probation managers as
10were authorized for employment for the fiscal year which
11includes January 1, 1985. This number shall be designated as
12the base amount of the Department. No positions approved by the
13Division under paragraph (b) of subsection 4 will be included
14in the base amount. In the event that the Department employs
15fewer Probation officers and Probation managers than the base
16amount for a period of 90 days, funding received by the
17Department under subsection 4 of this Section may be reduced on
18a monthly basis by the amount of the current salaries of any
19positions below the base amount.
20    (9) Before the 15th day of each month, the treasurer of any
21county which has a Probation and Court Services Department, or
22the treasurer of the most populous county, in the case of a
23Probation or Court Services Department funded by more than one
24county, shall submit an itemized statement of all approved
25costs incurred in the delivery of Basic Probation and Court
26Services under this Act to the Supreme Court. The treasurer may



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1also submit an itemized statement of all approved costs
2incurred in the delivery of new and expanded Probation and
3Court Services as well as Individualized Services and Programs.
4The Supreme Court or its designee shall verify compliance with
5this Section and shall examine and audit the monthly statement
6and, upon finding them to be correct, shall forward them to the
7Comptroller for payment to the county treasurer. In the case of
8payment to a treasurer of a county which is the most populous
9of counties sharing the salary and expenses of a Probation and
10Court Services Department, the treasurer shall divide the money
11between the counties in a manner that reflects each county's
12share of the cost incurred by the Department.
13    (10) The county treasurer must certify that funds received
14under this Section shall be used solely to maintain and improve
15Probation and Court Services. The county or circuit shall
16remain in compliance with all standards, policies and
17regulations established by the Supreme Court. If at any time
18the Supreme Court determines that a county or circuit is not in
19compliance, the Supreme Court shall immediately notify the
20Chief Judge, county board chairman and the Director of Court
21Services Chief Probation Officer. If after 90 days of written
22notice the noncompliance still exists, the Supreme Court shall
23be required to reduce the amount of monthly reimbursement by
2410%. An additional 10% reduction of monthly reimbursement shall
25occur for each consecutive month of noncompliance. Except as
26provided in subsection 5 of Section 15, funding to counties



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1shall commence on April 1, 1986. Funds received under this Act
2shall be used to provide for Probation Department expenses
3including those required under Section 13 of this Act. The
4Mandatory Arbitration Fund may be used to provide for Probation
5Department expenses, including those required under Section 13
6of this Act.
7    (11) The respective counties shall be responsible for
8capital and space costs, fringe benefits, clerical costs,
9equipment, telecommunications, postage, commodities and
11    (12) For purposes of this Act only, probation officers
12shall be considered peace officers. In the exercise of their
13official duties, probation officers, sheriffs, and police
14officers may, anywhere within the State, arrest any probationer
15who is in violation of any of the conditions of his or her
16probation, conditional discharge, or supervision, and it shall
17be the duty of the officer making the arrest to take the
18probationer before the Court having jurisdiction over the
19probationer for further order.
20(Source: P.A. 95-707, eff. 1-11-08; 95-773, eff. 1-1-09;
2196-688, eff. 8-25-09.)".