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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB1164eng HB1164 Engrossed LRB9102474RCks 1 AN ACT in relation to probation officers. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Probation and Probation Officers Act is 5 amended by changing Sections 10 and 15 as follows: 6 (730 ILCS 110/10) (from Ch. 38, par. 204-2) 7 Sec. 10. Before entering upon the duties of his or her 8 office, each probation officer shall take and subscribe to an 9 oath before the Chief Judgecounty clerkof his or her 10 circuit or his or her designeecountyto support the 11 constitution and laws of the United States and of the State 12 of Illinois, and faithfully to perform the duties of his or 13 her office. 14 (Source: P.A. 84-692.) 15 (730 ILCS 110/15) (from Ch. 38, par. 204-7) 16 Sec. 15. (1) The Supreme Court of Illinois may establish 17 a Division of Probation Services whose purpose shall be the 18 development, establishment, promulgation, and enforcement of 19 uniform standards for probation services in this State, and 20 to otherwise carry out the intent of this Act. The Division 21 may: 22 (a) establish qualifications for chief probation 23 officers and other probation and court services personnel 24 as to hiring, promotion, and training. 25 (b) make available, on a timely basis, lists of 26 those applicants whose qualifications meet the 27 regulations referred to herein, including on said lists 28 all candidates found qualified. 29 (c) establish a means of verifying the conditions 30 for reimbursement under this Act and develop criteria for HB1164 Engrossed -2- LRB9102474RCks 1 approved costs for reimbursement. 2 (d) develop standards and approve employee 3 compensation schedules for probation and court services 4 departments. 5 (e) employ sufficient personnel in the Division to 6 carry out the functions of the Division. 7 (f) establish a system of training and establish 8 standards for personnel orientation and training. 9 (g) develop standards for a system of record 10 keeping for cases and programs, gather statistics, 11 establish a system of uniform forms, and develop research 12 for planning of Probation Services. 13 (h) develop standards to assure adequate support 14 personnel, office space, equipment and supplies, travel 15 expenses, and other essential items necessary for 16 Probation and Court Services Departments to carry out 17 their duties. 18 (i) review and approve annual plans submitted by 19 Probation and Court Services Departments. 20 (j) monitor and evaluate all programs operated by 21 Probation and Court Services Departments, and may include 22 in the program evaluation criteria such factors as the 23 percentage of Probation sentences for felons convicted of 24 Probationable offenses. 25 (k) seek the cooperation of local and State 26 government and private agencies to improve the quality of 27 probation and court services. 28 (l) where appropriate, establish programs and 29 corresponding standards designed to generally improve the 30 quality of probation and court services and reduce the 31 rate of adult or juvenile offenders committed to the 32 Department of Corrections. 33 (m) establish such other standards and regulations 34 and do all acts necessary to carry out the intent and HB1164 Engrossed -3- LRB9102474RCks 1 purposes of this Act. 2 The Division shall establish a model list of structured 3 intermediate sanctions that may be imposed by a probation 4 agency for violations of terms and conditions of a sentence 5 of probation, conditional discharge, or supervision. 6 The State of Illinois shall provide for the costs of 7 personnel, travel, equipment, telecommunications, postage, 8 commodities, printing, space, contractual services and other 9 related costs necessary to carry out the intent of this Act. 10 (2) (a) The chief judge of each circuit shall provide 11 full-time probation services for all counties within the 12 circuit, in a manner consistent with the annual probation 13 plan, the standards, policies, and regulations established by 14 the Supreme Court. A probation district of two or more 15 counties within a circuit may be created for the purposes of 16 providing full-time probation services. Every county or group 17 of counties within a circuit shall maintain a probation 18 department which shall be under the authority of the Chief 19 Judge of the circuit or some other judge designated by the 20 Chief Judge. The Chief Judge, through the Probation and Court 21 Services Department shall submit annual plans to the Division 22 for probation and related services. 23 (b) The Chief Judge of each circuit shall appoint the 24 Chief Probation Officer and all other probation officers for 25 his or her circuit from lists of qualified applicants 26 supplied by the Supreme Court. Candidates for chief managing 27 officer and other probation officer positions must apply with 28 both the Chief Judge of the circuit and the Supreme Court. 29 (3) A Probation and Court Service Department shall apply 30 to the Supreme Court for funds for basic services, and may 31 apply for funds for new and expanded programs or 32 Individualized Services and Programs. Costs shall be 33 reimbursed monthly based on a plan and budget approved by the 34 Supreme Court. No Department may be reimbursed for costs HB1164 Engrossed -4- LRB9102474RCks 1 which exceed or are not provided for in the approved annual 2 plan and budget. After the effective date of this amendatory 3 Act of 1985, each county must provide basic services in 4 accordance with the annual plan and standards created by the 5 division. No department may receive funds for new or expanded 6 programs or individualized services and programs unless they 7 are in compliance with standards as enumerated in paragraph 8 (h) of subsection (1) of this Section, the annual plan, and 9 standards for basic services. 10 (4) The Division shall reimburse the county or counties 11 for probation services as follows: 12 (a) 100% of the salary of all chief managing 13 officers designated as such by the Chief Judge and the 14 division. 15 (b) 100% of the salary for all probation officer 16 and supervisor positions approved for reimbursement by 17 the division after April 1, 1984, to meet workload 18 standards and to implement intensive sanction and 19 probation supervision programs and other basic services 20 as defined in this Act. 21 (c) 100% of the salary for all secure detention 22 personnel and non-secure group home personnel approved 23 for reimbursement after December 1, 1990. For all such 24 positions approved for reimbursement before December 1, 25 1990, the counties shall be reimbursed $1,250 per month 26 beginning July 1, 1995, and an additional $250 per month 27 beginning each July 1st thereafter until the positions 28 receive 100% salary reimbursement. Allocation of such 29 positions will be based on comparative need considering 30 capacity, staff/resident ratio, physical plant and 31 program. 32 (d) $1,000 per month for salaries for the remaining 33 probation officer positions engaged in basic services and 34 new or expanded services. All such positions shall be HB1164 Engrossed -5- LRB9102474RCks 1 approved by the division in accordance with this Act and 2 division standards. 3 (e) 100% of the travel expenses in accordance with 4 Division standards for all Probation positions approved 5 under paragraph (b) of subsection 4 of this Section. 6 (f) If the amount of funds reimbursed to the county 7 under paragraphs (a) through (e) of subsection 4 of this 8 Section on an annual basis is less than the amount the 9 county had received during the 12 month period 10 immediately prior to the effective date of this 11 amendatory Act of 1985, then the Division shall reimburse 12 the amount of the difference to the county. The effect of 13 paragraph (b) of subsection 7 of this Section shall be 14 considered in implementing this supplemental 15 reimbursement provision. 16 (5) The Division shall provide funds beginning on April 17 1, 1987 for the counties to provide Individualized Services 18 and Programs as provided in Section 16 of this Act. 19 (6) A Probation and Court Services Department in order 20 to be eligible for the reimbursement must submit to the 21 Supreme Court an application containing such information and 22 in such a form and by such dates as the Supreme Court may 23 require. Departments to be eligible for funding must satisfy 24 the following conditions: 25 (a) The Department shall have on file with the 26 Supreme Court an annual Probation plan for continuing, 27 improved, and new Probation and Court Services Programs 28 approved by the Supreme Court or its designee. This plan 29 shall indicate the manner in which Probation and Court 30 Services will be delivered and improved, consistent with 31 the minimum standards and regulations for Probation and 32 Court Services, as established by the Supreme Court. In 33 counties with more than one Probation and Court Services 34 Department eligible to receive funds, all Departments HB1164 Engrossed -6- LRB9102474RCks 1 within that county must submit plans which are approved 2 by the Supreme Court. 3 (b) The annual probation plan shall seek to 4 generally improve the quality of probation services and 5 to reduce the commitment of adult and juvenile offenders 6 to the Department of Corrections and shall require, when 7 appropriate, coordination with the Department of 8 Corrections and the Department of Children and Family 9 Services in the development and use of community 10 resources, information systems, case review and 11 permanency planning systems to avoid the duplication of 12 services. 13 (c) The Department shall be in compliance with 14 standards developed by the Supreme Court for basic, new 15 and expanded services, training, personnel hiring and 16 promotion. 17 (d) The Department shall in its annual plan 18 indicate the manner in which it will support the rights 19 of crime victims and in which manner it will implement 20 Article I, Section 8.1 of the Illinois Constitution and 21 in what manner it will coordinate crime victims' support 22 services with other criminal justice agencies within its 23 jurisdiction, including but not limited to, the State's 24 Attorney, the Sheriff and any municipal police 25 department. 26 (7) No statement shall be verified by the Supreme Court 27 or its designee or vouchered by the Comptroller unless each 28 of the following conditions have been met: 29 (a) The probation officer is ana full-time30 employee appointed by the Chief Judge to provide 31 probation services. 32 (b) The probation officer, in order to be eligible 33 for State reimbursement, is receiving a salary of at 34 least $17,000 per year. HB1164 Engrossed -7- LRB9102474RCks 1 (c) The probation officer is appointed or was 2 reappointed in accordance with minimum qualifications or 3 criteria established by the Supreme Court; however, all 4 probation officers appointed prior to January 1, 1978, 5 shall be exempted from the minimum requirements 6 established by the Supreme Court. Payments shall be made 7 to counties employing these exempted probation officers 8 as long as they are employed in the position held on the 9 effective date of this amendatory Act of 1985. 10 Promotions shall be governed by minimum qualifications 11 established by the Supreme Court. 12 (d) The Department has an established compensation 13 schedule approved by the Supreme Court. The compensation 14 schedule shall include salary ranges with necessary 15 increments to compensate each employee. The increments 16 shall, within the salary ranges, be based on such factors 17 as bona fide occupational qualifications, performance, 18 and length of service. Each position in the Department 19 shall be placed on the compensation schedule according to 20 job duties and responsibilities of such position. The 21 policy and procedures of the compensation schedule shall 22 be made available to each employee. 23 (8) In order to obtain full reimbursement of all 24 approved costs, each Department must continue to employ at 25 least the same number of probation officers and probation 26 managers as were authorized for employment for the fiscal 27 year which includes January 1, 1985. This number shall be 28 designated as the base amount of the Department. No positions 29 approved by the Division under paragraph (b) of subsection 4 30 will be included in the base amount. In the event that the 31 Department employs fewer Probation officers and Probation 32 managers than the base amount for a period of 90 days, 33 funding received by the Department under subsection 4 of this 34 Section may be reduced on a monthly basis by the amount of HB1164 Engrossed -8- LRB9102474RCks 1 the current salaries of any positions below the base amount. 2 (9) Before the 15th day of each month, the treasurer of 3 any county which has a Probation and Court Services 4 Department, or the treasurer of the most populous county, in 5 the case of a Probation or Court Services Department funded 6 by more than one county, shall submit an itemized statement 7 of all approved costs incurred in the delivery of Basic 8 Probation and Court Services under this Act to the Supreme 9 Court. The treasurer may also submit an itemized statement of 10 all approved costs incurred in the delivery of new and 11 expanded Probation and Court Services as well as 12 Individualized Services and Programs. The Supreme Court or 13 its designee shall verify compliance with this Section and 14 shall examine and audit the monthly statement and, upon 15 finding them to be correct, shall forward them to the 16 Comptroller for payment to the county treasurer. In the case 17 of payment to a treasurer of a county which is the most 18 populous of counties sharing the salary and expenses of a 19 Probation and Court Services Department, the treasurer shall 20 divide the money between the counties in a manner that 21 reflects each county's share of the cost incurred by the 22 Department. 23 (10) The county treasurer must certify that funds 24 received under this Section shall be used solely to maintain 25 and improve Probation and Court Services. The county or 26 circuit shall remain in compliance with all standards, 27 policies and regulations established by the Supreme Court. If 28 at any time the Supreme Court determines that a county or 29 circuit is not in compliance, the Supreme Court shall 30 immediately notify the Chief Judge, county board chairman and 31 the Director of Court Services Chief Probation Officer. If 32 after 90 days of written notice the noncompliance still 33 exists, the Supreme Court shall be required to reduce the 34 amount of monthly reimbursement by 10%. An additional 10% HB1164 Engrossed -9- LRB9102474RCks 1 reduction of monthly reimbursement shall occur for each 2 consecutive month of noncompliance. Except as provided in 3 subsection 5 of Section 15, funding to counties shall 4 commence on April 1, 1986. Funds received under this Act 5 shall be used to provide for Probation Department expenses 6 including those required under Section 13 of this Act. 7 (11) The respective counties shall be responsible for 8 capital and space costs, fringe benefits, clerical costs, 9 equipment, telecommunications, postage, commodities and 10 printing. 11 (12) Probation officers shall be considered peace 12 officers in the exercise of their official duties. Probation 13 officers, sheriffs and police officers may, anywhere within 14 the State, arrest any probationer who is in violation of any 15 of the conditions of his probation, and it shall be the duty 16 of the officer making such arrest to take said probationer 17 before the Court having jurisdiction over him for further 18 order. 19 (Source: P.A. 89-198, eff. 7-21-95; 89-390, eff. 8-20-95; 20 89-626, eff. 8-9-96.) 21 Section 10. The Adoption Act is amended by changing 22 Section 6 as follows: 23 (750 ILCS 50/6) (from Ch. 40, par. 1508) 24 Sec. 6. A. Investigation; all cases. Within 10 days 25 after the filing of a petition for the adoption of a child 26 other than a related child, the court shall appoint a child 27 welfare agency approved by the Department of Children and 28 Family Servicesor a probation officer of the court, or in 29 Cook County the Court Services Division of the Cook County 30 Department of Public Aid, or the Department of Children and 31 Family Services if the court determines that no child welfare 32 agency is available or that the petitioner is financially HB1164 Engrossed -10- LRB9102474RCks 1 unable to pay for the investigation, to investigate 2 accurately, fully and promptly, the allegations contained in 3 the petition; the character, reputation, health and general 4 standing in the community of the petitioners; the religious 5 faith of the petitioners and, if ascertainable, of the child 6 sought to be adopted; and whether the petitioners are proper 7 persons to adopt the child and whether the child is a proper 8 subject of adoption. The investigation required under this 9 Section shall include a criminal background check with a 10 review of fingerprints by State and federal authorities. The 11 criminal background check required by this Section shall 12 include a listing of when, where and by whom the criminal 13 background check was prepared. The criminal background check 14 required by this Section shall not be more than two years 15 old. 16 Neither a clerk of the circuit court nor a judge may 17 require that a criminal background check or fingerprint 18 review be filed with, or at the same time as, an initial 19 petition for adoption. 20 B. Investigation; foreign-born child. In the case of a 21 child born outside the United States or a territory thereof, 22 in addition to the investigation required under subsection 23 (A) of this Section, a post-placement investigation shall be 24 conducted in accordance with the requirements of the Child 25 Care Act of 1969, the Interstate Compact on the Placement of 26 Children, and regulations of the foreign placing agency and 27 the supervising agency. 28 The requirements of a post-placement investigation shall 29 be deemed to have been satisfied if a valid final order or 30 judgment of adoption has been entered by a court of competent 31 jurisdiction in a country other than the United States or a 32 territory thereof with respect to such child and the 33 petitioners. 34 C. Report of investigation. The court shall determine HB1164 Engrossed -11- LRB9102474RCks 1 whether the costs of the investigation shall be charged to 2 the petitioners. The information obtained as a result of such 3 investigation shall be presented to the court in a written 4 report. The results of the criminal background check required 5 under subsection (A) shall be provided to the court for its 6 review. The court may, in its discretion, weigh the 7 significance of the results of the criminal background check 8 against the entirety of the background of the petitioners. 9 The Court, in its discretion, may accept the report of the 10 investigation previously made by a licensed child welfare 11 agency, if made within one year prior to the entry of the 12 judgment. Such report shall be treated as confidential and 13 withheld from inspection unless findings adverse to the 14 petitioners or to the child sought to be adopted are 15 contained therein, and in that event the court shall inform 16 the petitioners of the relevant portions pertaining to the 17 adverse findings. In no event shall any facts set forth in 18 the report be considered at the hearing of the proceeding, 19 unless established by competent evidence. The report shall be 20 filed with the record of the proceeding. If the file 21 relating to the proceeding is not impounded, the report shall 22 be impounded by the clerk of the court and shall be made 23 available for inspection only upon order of the court. 24 D. Related adoption. Such investigation shall not be 25 made when the petition seeks to adopt a related child or an 26 adult unless the court, in its discretion, shall so order. In 27 such an event the court may appoint a person deemed competent 28 by the court. 29 (Source: P.A. 87-1129; 88-148.)