Illinois General Assembly - Full Text of HB3905
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Full Text of HB3905  100th General Assembly

HB3905ham001 100TH GENERAL ASSEMBLY

Rep. Juliana Stratton

Filed: 3/21/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3905

2    AMENDMENT NO. ______. Amend House Bill 3905 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1individuals supervised in the locality; to hold offenders
2accountable; to successfully rehabilitate offenders to prevent
3future involvement with the criminal justice system; to measure
4the overall effectiveness of the criminal justice system in
5achieving this policy; and to create the Adult Redeploy
6Illinois program for those who do not fall under the definition
7of violent offenders.
8    (b) Definitions. As used in this Act, unless the context
9clearly 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

 

 

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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        (6.5) "Offender" means a person charged with or
17    convicted of a probation-eligible offense.
18        (7) "Risks" include the attributes of an offender that
19    are commonly considered to be those variables, such as age,
20    prior criminal history, history of joblessness, and lack of
21    education that research has demonstrated contribute to an
22    offender's likelihood of re-offending and impact an
23    offender's ability to successfully reintegrate into the
24    locality.
25        (8) (Blank). "Violent offender" means a person
26    convicted of a violent crime as defined in subsection (c)

 

 

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1    of Section 3 of the Rights of Crime Victims and Witnesses
2    Act.
3(Source: P.A. 96-761, eff. 1-1-10.)
 
4    (730 ILCS 190/20)
5    Sec. 20. Adult Redeploy Illinois.
6    (a) Purpose. When offenders are accurately assessed for
7risk, assets, and needs, it is possible to identify which
8people should be sent to prison and which people can be
9effectively supervised in the locality. By providing financial
10incentives to counties or judicial circuits to create effective
11local-level evidence-based services, it is possible to reduce
12crime and recidivism at a lower cost to taxpayers. Based on
13this model, this Act hereby creates the Adult Redeploy Illinois
14program for probation-eligible offenders who do not fall under
15the definition of violent offenders in order to increase public
16safety and encourage the successful local supervision of
17eligible offenders and their reintegration into the locality.
18    (b) The Adult Redeploy Illinois program shall reallocate
19State funds to local jurisdictions that successfully establish
20a process to assess offenders and provide a continuum of
21locally based sanctions and treatment alternatives for
22offenders who would be incarcerated in a State facility if
23those local services and sanctions did not exist. The allotment
24of funds shall be based on a formula that rewards local
25jurisdictions for the establishment or expansion of local

 

 

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1supervision programs and requires them to pay the amount
2determined in subsection (e) if incarceration targets as
3defined in subsection (e) are not met.
4    (c) Each county or circuit participating in the Adult
5Redeploy Illinois program shall create a local plan describing
6how it will protect public safety and reduce the county or
7circuit's utilization of incarceration in State facilities or
8local county jails by the creation or expansion of
9individualized services or programs.
10    (d) Based on the local plan, a county or circuit shall
11enter into an agreement with the Adult Redeploy Oversight Board
12described in subsection (e) to reduce the number of commitments
13of probation-eligible offenders to State correctional
14facilities from that county or circuit, excluding violent
15offenders. The agreement shall include a pledge from the county
16or circuit to reduce their commitments by 25% of the level of
17commitments from the average number of commitments for the past
183 years of eligible non-violent offenders. In return, the
19county or circuit shall receive, based upon a formula described
20in subsection (e), funds to redeploy for local programming for
21offenders who would otherwise be incarcerated such as
22management and supervision, electronic monitoring, and drug
23testing. The county or circuit shall also be penalized, as
24described in subsection (e), for failure to reach the goal of
25reduced commitments stipulated in the agreement.
26    (e) Adult Redeploy Illinois Oversight Board; members;

 

 

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1responsibilities.
2        (1) The Secretary of Human Services and the Director of
3    Corrections shall within 3 months after the effective date
4    of this Act convene and act as co-chairs of an oversight
5    board to oversee the Adult Redeploy Program. The Board
6    shall include, but not be limited to, designees from the
7    Prisoner Review Board, Office of the Attorney General,
8    Illinois Criminal Justice Information Authority, and
9    Sentencing Policy Advisory Council; the Cook County
10    State's Attorney; a State's Attorney selected by the
11    President of the Illinois State's Attorneys Association;
12    the State Appellate Defender; the Cook County Public
13    Defender; a representative of Cook County Adult Probation,
14    a representative of DuPage County Adult Probation; a
15    representative of Sangamon County Adult Probation; and 4
16    representatives from non-governmental organizations,
17    including service providers.
18        (2) The Oversight Board shall within one year after the
19    effective date of this Act:
20            (A) Develop a process to solicit applications from
21        and identify jurisdictions to be included in the Adult
22        Redeploy Illinois program.
23            (B) Define categories of membership for local
24        entities to participate in the creation and oversight
25        of the local Adult Redeploy Illinois program.
26            (C) Develop a formula for the allotment of funds to

 

 

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1        local jurisdictions for local and community-based
2        services in lieu of commitment to the Department of
3        Corrections and a penalty amount for failure to reach
4        the goal of reduced commitments stipulated in the
5        plans.
6            (D) Develop a standard format for the local plan to
7        be submitted by the local entity created in each county
8        or circuit.
9            (E) Identify and secure resources sufficient to
10        support the administration and evaluation of Adult
11        Redeploy Illinois.
12            (F) Develop a process to support ongoing
13        monitoring and evaluation of Adult Redeploy Illinois.
14            (G) Review local plans and proposed agreements and
15        approve the distribution of resources.
16            (H) Develop a performance measurement system that
17        includes but is not limited to the following key
18        performance indicators: recidivism, rate of
19        revocations, employment rates, education achievement,
20        successful completion of substance abuse treatment
21        programs, and payment of victim restitution. Each
22        county or circuit shall include the performance
23        measurement system in its local plan and provide data
24        annually to evaluate its success.
25            (I) Report annually the results of the performance
26        measurements on a timely basis to the Governor and

 

 

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1        General Assembly.
2(Source: P.A. 96-761, eff. 1-1-10.)".