[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] | [ House Amendment 002 ] |
| [ Conference Committee Report 001 ] |
90_SB0460eng
730 ILCS 110/15 from Ch. 38, par. 204-7
Amends the Probation and Probation Officers Act.
Requires the Illinois Supreme Court to establish a Division
of Probation Services (now the Supreme Court may establish
the Division).
LRB9002828RCks
SB460 Engrossed LRB9002828RCks
1 AN ACT to amend the Probation and Probation Officers Act
2 by changing Section 15.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Probation and Probation Officers Act is
6 amended by changing Section 15 as follows:
7 (730 ILCS 110/15) (from Ch. 38, par. 204-7)
8 Sec. 15. (1) The Supreme Court of Illinois shall may
9 establish a Division of Probation Services whose purpose
10 shall be the development, establishment, promulgation, and
11 enforcement of uniform standards for probation services in
12 this State, and to otherwise carry out the intent of this
13 Act. The Division shall may:
14 (a) establish qualifications for chief probation
15 officers and other probation and court services personnel
16 as to hiring, promotion, and training.
17 (b) make available, on a timely basis, lists of
18 those applicants whose qualifications meet the
19 regulations referred to herein, including on said lists
20 all candidates found qualified.
21 (c) establish a means of verifying the conditions
22 for reimbursement under this Act and develop criteria for
23 approved costs for reimbursement.
24 (d) develop standards and approve employee
25 compensation schedules for probation and court services
26 departments.
27 (e) employ sufficient personnel in the Division to
28 carry out the functions of the Division.
29 (f) establish a system of training and establish
30 standards for personnel orientation and training.
31 (g) develop standards for a system of record
SB460 Engrossed -2- LRB9002828RCks
1 keeping for cases and programs, gather statistics,
2 establish a system of uniform forms, and develop research
3 for planning of Probation Services.
4 (h) develop standards to assure adequate support
5 personnel, office space, equipment and supplies, travel
6 expenses, and other essential items necessary for
7 Probation and Court Services Departments to carry out
8 their duties.
9 (i) review and approve annual plans submitted by
10 Probation and Court Services Departments.
11 (j) monitor and evaluate all programs operated by
12 Probation and Court Services Departments, and may include
13 in the program evaluation criteria such factors as the
14 percentage of Probation sentences for felons convicted of
15 Probationable offenses.
16 (k) seek the cooperation of local and State
17 government and private agencies to improve the quality of
18 probation and court services.
19 (l) where appropriate, establish programs and
20 corresponding standards designed to generally improve the
21 quality of probation and court services and reduce the
22 rate of adult or juvenile offenders committed to the
23 Department of Corrections.
24 (m) establish such other standards and regulations
25 and do all acts necessary to carry out the intent and
26 purposes of this Act.
27 The Division shall establish a model list of structured
28 intermediate sanctions that may be imposed by a probation
29 agency for violations of terms and conditions of a sentence
30 of probation, conditional discharge, or supervision.
31 The State of Illinois shall provide for the costs of
32 personnel, travel, equipment, telecommunications, postage,
33 commodities, printing, space, contractual services and other
34 related costs necessary to carry out the intent of this Act.
SB460 Engrossed -3- LRB9002828RCks
1 (2) (a) The chief judge of each circuit shall provide
2 full-time probation services for all counties within the
3 circuit, in a manner consistent with the annual probation
4 plan, the standards, policies, and regulations established by
5 the Supreme Court. A probation district of two or more
6 counties within a circuit may be created for the purposes of
7 providing full-time probation services. Every county or group
8 of counties within a circuit shall maintain a probation
9 department which shall be under the authority of the Chief
10 Judge of the circuit or some other judge designated by the
11 Chief Judge. The Chief Judge, through the Probation and Court
12 Services Department shall submit annual plans to the Division
13 for probation and related services.
14 (b) The Chief Judge of each circuit shall appoint the
15 Chief Probation Officer and all other probation officers for
16 his or her circuit from lists of qualified applicants
17 supplied by the Supreme Court. Candidates for chief managing
18 officer and other probation officer positions must apply with
19 both the Chief Judge of the circuit and the Supreme Court.
20 (3) A Probation and Court Service Department shall apply
21 to the Supreme Court for funds for basic services, and may
22 apply for funds for new and expanded programs or
23 Individualized Services and Programs. Costs shall be
24 reimbursed monthly based on a plan and budget approved by the
25 Supreme Court. No Department may be reimbursed for costs
26 which exceed or are not provided for in the approved annual
27 plan and budget. After the effective date of this amendatory
28 Act of 1985, each county must provide basic services in
29 accordance with the annual plan and standards created by the
30 division. No department may receive funds for new or expanded
31 programs or individualized services and programs unless they
32 are in compliance with standards as enumerated in paragraph
33 (h) of subsection (1) of this Section, the annual plan, and
34 standards for basic services.
SB460 Engrossed -4- LRB9002828RCks
1 (4) The Division shall reimburse the county or counties
2 for probation services as follows:
3 (a) 100% of the salary of all chief managing
4 officers designated as such by the Chief Judge and the
5 division.
6 (b) 100% of the salary for all probation officer
7 and supervisor positions approved for reimbursement by
8 the division after April 1, 1984, to meet workload
9 standards and to implement intensive sanction and
10 probation supervision programs and other basic services
11 as defined in this Act.
12 (c) 100% of the salary for all secure detention
13 personnel and non-secure group home personnel approved
14 for reimbursement after December 1, 1990. For all such
15 positions approved for reimbursement before December 1,
16 1990, the counties shall be reimbursed $1,250 per month
17 beginning July 1, 1995, and an additional $250 per month
18 beginning each July 1st thereafter until the positions
19 receive 100% salary reimbursement. Allocation of such
20 positions will be based on comparative need considering
21 capacity, staff/resident ratio, physical plant and
22 program.
23 (d) $1,000 per month for salaries for the remaining
24 probation officer positions engaged in basic services and
25 new or expanded services. All such positions shall be
26 approved by the division in accordance with this Act and
27 division standards.
28 (e) 100% of the travel expenses in accordance with
29 Division standards for all Probation positions approved
30 under paragraph (b) of subsection 4 of this Section.
31 (f) If the amount of funds reimbursed to the county
32 under paragraphs (a) through (e) of subsection 4 of this
33 Section on an annual basis is less than the amount the
34 county had received during the 12 month period
SB460 Engrossed -5- LRB9002828RCks
1 immediately prior to the effective date of this
2 amendatory Act of 1985, then the Division shall reimburse
3 the amount of the difference to the county. The effect of
4 paragraph (b) of subsection 7 of this Section shall be
5 considered in implementing this supplemental
6 reimbursement provision.
7 (5) The Division shall provide funds beginning on April
8 1, 1987 for the counties to provide Individualized Services
9 and Programs as provided in Section 16 of this Act.
10 (6) A Probation and Court Services Department in order
11 to be eligible for the reimbursement must submit to the
12 Supreme Court an application containing such information and
13 in such a form and by such dates as the Supreme Court may
14 require. Departments to be eligible for funding must satisfy
15 the following conditions:
16 (a) The Department shall have on file with the
17 Supreme Court an annual Probation plan for continuing,
18 improved, and new Probation and Court Services Programs
19 approved by the Supreme Court or its designee. This plan
20 shall indicate the manner in which Probation and Court
21 Services will be delivered and improved, consistent with
22 the minimum standards and regulations for Probation and
23 Court Services, as established by the Supreme Court. In
24 counties with more than one Probation and Court Services
25 Department eligible to receive funds, all Departments
26 within that county must submit plans which are approved
27 by the Supreme Court.
28 (b) The annual probation plan shall seek to
29 generally improve the quality of probation services and
30 to reduce the commitment of adult and juvenile offenders
31 to the Department of Corrections and shall require, when
32 appropriate, coordination with the Department of
33 Corrections and the Department of Children and Family
34 Services in the development and use of community
SB460 Engrossed -6- LRB9002828RCks
1 resources, information systems, case review and
2 permanency planning systems to avoid the duplication of
3 services.
4 (c) The Department shall be in compliance with
5 standards developed by the Supreme Court for basic, new
6 and expanded services, training, personnel hiring and
7 promotion.
8 (d) The Department shall in its annual plan
9 indicate the manner in which it will support the rights
10 of crime victims and in which manner it will implement
11 Article I, Section 8.1 of the Illinois Constitution and
12 in what manner it will coordinate crime victims' support
13 services with other criminal justice agencies within its
14 jurisdiction, including but not limited to, the State's
15 Attorney, the Sheriff and any municipal police
16 department.
17 (7) No statement shall be verified by the Supreme Court
18 or its designee or vouchered by the Comptroller unless each
19 of the following conditions have been met:
20 (a) The probation officer is a full-time employee
21 appointed by the Chief Judge to provide probation
22 services.
23 (b) The probation officer, in order to be eligible
24 for State reimbursement, is receiving a salary of at
25 least $17,000 per year.
26 (c) The probation officer is appointed or was
27 reappointed in accordance with minimum qualifications or
28 criteria established by the Supreme Court; however, all
29 probation officers appointed prior to January 1, 1978,
30 shall be exempted from the minimum requirements
31 established by the Supreme Court. Payments shall be made
32 to counties employing these exempted probation officers
33 as long as they are employed in the position held on the
34 effective date of this amendatory Act of 1985.
SB460 Engrossed -7- LRB9002828RCks
1 Promotions shall be governed by minimum qualifications
2 established by the Supreme Court.
3 (d) The Department has an established compensation
4 schedule approved by the Supreme Court. The compensation
5 schedule shall include salary ranges with necessary
6 increments to compensate each employee. The increments
7 shall, within the salary ranges, be based on such factors
8 as bona fide occupational qualifications, performance,
9 and length of service. Each position in the Department
10 shall be placed on the compensation schedule according to
11 job duties and responsibilities of such position. The
12 policy and procedures of the compensation schedule shall
13 be made available to each employee.
14 (8) In order to obtain full reimbursement of all
15 approved costs, each Department must continue to employ at
16 least the same number of probation officers and probation
17 managers as were authorized for employment for the fiscal
18 year which includes January 1, 1985. This number shall be
19 designated as the base amount of the Department. No positions
20 approved by the Division under paragraph (b) of subsection 4
21 will be included in the base amount. In the event that the
22 Department employs fewer Probation officers and Probation
23 managers than the base amount for a period of 90 days,
24 funding received by the Department under subsection 4 of this
25 Section may be reduced on a monthly basis by the amount of
26 the current salaries of any positions below the base amount.
27 (9) Before the 15th day of each month, the treasurer of
28 any county which has a Probation and Court Services
29 Department, or the treasurer of the most populous county, in
30 the case of a Probation or Court Services Department funded
31 by more than one county, shall submit an itemized statement
32 of all approved costs incurred in the delivery of Basic
33 Probation and Court Services under this Act to the Supreme
34 Court. The treasurer may also submit an itemized statement of
SB460 Engrossed -8- LRB9002828RCks
1 all approved costs incurred in the delivery of new and
2 expanded Probation and Court Services as well as
3 Individualized Services and Programs. The Supreme Court or
4 its designee shall verify compliance with this Section and
5 shall examine and audit the monthly statement and, upon
6 finding them to be correct, shall forward them to the
7 Comptroller for payment to the county treasurer. In the case
8 of payment to a treasurer of a county which is the most
9 populous of counties sharing the salary and expenses of a
10 Probation and Court Services Department, the treasurer shall
11 divide the money between the counties in a manner that
12 reflects each county's share of the cost incurred by the
13 Department.
14 (10) The county treasurer must certify that funds
15 received under this Section shall be used solely to maintain
16 and improve Probation and Court Services. The county or
17 circuit shall remain in compliance with all standards,
18 policies and regulations established by the Supreme Court. If
19 at any time the Supreme Court determines that a county or
20 circuit is not in compliance, the Supreme Court shall
21 immediately notify the Chief Judge, county board chairman and
22 the Director of Court Services Chief Probation Officer. If
23 after 90 days of written notice the noncompliance still
24 exists, the Supreme Court shall be required to reduce the
25 amount of monthly reimbursement by 10%. An additional 10%
26 reduction of monthly reimbursement shall occur for each
27 consecutive month of noncompliance. Except as provided in
28 subsection 5 of Section 15, funding to counties shall
29 commence on April 1, 1986. Funds received under this Act
30 shall be used to provide for Probation Department expenses
31 including those required under Section 13 of this Act.
32 (11) The respective counties shall be responsible for
33 capital and space costs, fringe benefits, clerical costs,
34 equipment, telecommunications, postage, commodities and
SB460 Engrossed -9- LRB9002828RCks
1 printing.
2 (12) Probation officers shall be considered peace
3 officers in the exercise of their official duties. Probation
4 officers, sheriffs and police officers may, anywhere within
5 the State, arrest any probationer who is in violation of any
6 of the conditions of his probation, and it shall be the duty
7 of the officer making such arrest to take said probationer
8 before the Court having jurisdiction over him for further
9 order.
10 (Source: P.A. 89-198, eff. 7-21-95; 89-390, eff. 8-20-95;
11 89-626, eff. 8-9-96.)