SB0845 99TH GENERAL ASSEMBLY

LRB099 05983 RLC 26034 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0845

Introduced 2/11/2015, by Sen. John G. Mulroe

SYNOPSIS AS INTRODUCED:

730 ILCS 110/16

from Ch. 38, par. 204-8

Amends the Probation and Probation Officers Act. Provides that for the plan year for State fiscal year 2016, the Division of Probation Services of the Supreme Court shall review the requirements of the annual plan and plan for individualized services and programs in order to streamline the plan and plan-approval process. Provides that the Division of Probation Services shall present this review to the Probation Advisory Council. Effective July 1, 2015.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Probation and Probation Officers Act is amended by changing Section 16 as follows:

(730 ILCS 110/16) (from Ch. 38, par. 204-8)

Sec. 16. (1) The purpose of the Section is to encourage the development of a coordinated justice system. It is the legislative policy of the State to more effectively protect society, to promote efficiency and economy in the delivery of services to offenders and to encourage utilization of appropriate sentencing alternatives to imprisonment in State operated institutions. This Section shall be construed to support the development of local individualized programs which will:

(a) Provide a continuum of sanctions to increase sentencing options to the judiciary of the State;

(b) Enable the Courts to utilize programs which enhance the offender's ability to become a contributing member to his or her community and which will increase the benefits to victims and the communities through restitution;

(c) Increase sentencing alternatives for less serious felony offenders and delinquent juveniles in order to reserve prisons and jail beds for serious violent offenders.

(2) Any local plan for implementation of individualized services and programs may include but are not limited to the following:

(a) Direct offender services - those services applied directly to offenders, including job readiness, educational, vocational, drug or alcohol treatment services; and

(b) Nonresidential rehabilitation programs - those programs which comprise a coordinated network within the justice system which expand sentencing options for the judiciary, including drunk driver diversion programs, public services employment, restitution collection; and

(c) Emergency services - including detoxification, emergency shelter and support; and

(d) Assessment and evaluation services - reports or diagnostic recommendations to provide the justice system with accurate individualized case information, including mental health, drug, alcohol, and living situation information; and

(e) Residential alternative sentencing programs - those programs which provide expanded sentencing options for less serious felony offenders and delinquent juveniles, including mother and child unification programs.

The local plan must be directed in such a manner as to emphasize an individualized approach to servicing offenders in a strong community based system including probation as the broker of services.

The local plan shall be limited to services and shall not include costs for:

(a) capital expenditures;

(b) renovations or remodeling;

(c) personnel costs for Probation.

(3) A county may make application to the Supreme Court for funds to provide for Individualized Services and Programs. The Department shall be in compliance with all standards and regulations established by the Division for the delivery of basic Services and application shall be part of the Department's annual Probation plan and shall set forth the following:

(a) a statement of objectives for which said funds shall be used;

(b) a statement of service needs based upon persons under supervision of the Department;

(c) a statement of the type of services and programs to provide for the individual needs of offenders;

(d) a budget indicating the costs of each service or program to be funded under the plan;

(e) a summary of contracts and service agreements indicating the treatment goals and number of offenders to be served by each service provider; and

(f) a statement indicating that the individualized services and programs will not be duplicating existing services and programs.

Funds for this plan shall not supplant existing county funded programs. The allocation of payments for adult and juvenile services under the local plan shall be based on the proportionate adult and juvenile workload of the department or departments covered by the local plan.

(4) A county or group of counties shall be eligible to apply for an amount of funding not to exceed the same proportionate share of total appropriations for Individualized Services and Programs as the county or group of counties received of total State reimbursements under subsection 4 of Section 15 of this Act or previous Probation subsidy programs in the prior State fiscal year. However the Supreme Court may waive this limitation to encourage the participation of rural counties.

The Supreme Court shall forward Individualized Services and Programs allocations to the county treasurer as provided in Section 15 of this Act. Each county shall receive, maintain, and appropriate said funds in a separate line item account of the probation department budget. In addition, the Supreme Court shall, upon approval of the annual plan, forward 20% of the approved Individualized Services and Programs allocations to the county treasurer to be deposited in said line item account. Subsequent allocations shall be made to the county on a monthly basis.

It shall be the responsibility of the county through the probation budget and in accordance with county policy and procedure to make payments for Individualized Services and Programs.

At the end of the State of Illinois fiscal year, the county shall promptly return any uncommitted and unused funds from this account.

(5) The Supreme Court shall be responsible for the following:

(a) The Supreme Court may review each Individualized Services and Programs plan for compliance with standards established for such plans. A plan may be approved as submitted, approved with modifications, or rejected. No plan shall be considered for approval if the circuit or county is not in full compliance with all regulations, standards and guidelines pertaining to the delivery of basic probation services as established by the Supreme Court.

(b) The Supreme Court shall monitor on a continual basis and shall evaluate annually both the program and its fiscal activities in all counties receiving an allocation under Individualized Services and Programs. Any program or service which has not met the goals and objectives of its contract or service agreement shall be subject to denial for funding in subsequent years. The Supreme Court shall evaluate the effectiveness of Individualized Services and Programs in each circuit or county. In determining the future funding for Individualized Services and Programs under this Act, such evaluation shall include, as a primary indicator of success, an increased or maintained percentage of probation sentences for felons convicted of probationable offenses.

(c) Any Individualized Services and Programs allocations not applied for and approved by the Supreme Court shall be available for redistribution to approved plans for the remainder of that fiscal year. Any county that invests local moneys in the Individualized Services and Programs shall be given first consideration for any redistribution of allocations.

(d) For the plan year for State fiscal year 2016, the Division of Probation Services of the Supreme Court shall review the requirements of the annual plan and plan for individualized services and programs in order to streamline the plan and plan-approval process. The Division of Probation Services shall present this review to the Probation Advisory Council.

(Source: P.A. 86-639.)

Section 99. Effective date. This Act takes effect July 1, 2015.