State of Illinois
92nd General Assembly

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]

[ Introduced ]


HB5831 Engrossed                               LRB9211161RCcd

 1        AN ACT in relation to criminal law.

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

 4        Section  5.  The Juvenile Court Act of 1987 is amended by
 5    changing Section 6-1 as follows:

 6        (705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
 7        Sec. 6-1.  Probation departments; functions and duties.
 8        (1)  The chief judge of each circuit shall make provision
 9    for probation services for each county in his or her circuit.
10    The  appointment  of  officers to probation or court services
11    departments and the administration of such departments  shall
12    be  governed by the provisions of the Probation and Probation
13    Officers Act.
14        (2)  Every county or every group of counties constituting
15    a probation district  shall  maintain  a  court  services  or
16    probation   department  subject  to  the  provisions  of  the
17    Probation and Probation Officers Act.  For  the  purposes  of
18    this  Act, such a court services or probation department has,
19    but is not limited to, the following powers and duties:
20             (a)  When authorized or directed by  the  court,  to
21        receive,  investigate  and evaluate complaints indicating
22        dependency, requirement  of  authoritative  intervention,
23        addiction  or  delinquency within the meaning of Sections
24        2-3, 2-4, 3-3, 4-3 or 5-105, respectively;  to  determine
25        or  assist  the  complainant  in  determining  whether  a
26        petition  should be filed under Sections 2-13, 3-15, 4-12
27        or 5-520 or whether referral should be made to an agency,
28        association or other person or whether some other  action
29        is  advisable;  and  to  see  that the indicating filing,
30        referral or other action is  accomplished.   However,  no
31        such  investigation,  evaluation  or  supervision by such
HB5831 Engrossed            -2-                LRB9211161RCcd
 1        court services or probation department is to  occur  with
 2        regard  to complaints indicating only that a minor may be
 3        a chronic or habitual truant.
 4             (b)  When a petition is filed  under  Section  2-13,
 5        3-15,  4-15  or 5-520, to make pre-hearing investigations
 6        and formulate recommendations to the court when the court
 7        has authorized or directed the department to do so.
 8             (c)  To counsel and,  by  order  of  the  court,  to
 9        supervise  minors  referred  to  the  court;  to  conduct
10        indicated  programs  of casework, including referrals for
11        medical and mental health service,  organized  recreation
12        and  job  placement  for  wards  of  the  court and, when
13        appropriate, for members of the family of a ward; to  act
14        as  liaison  officer  between  the  court and agencies or
15        associations to which  minors  are  referred  or  through
16        which  they  are  placed;  when so appointed, to serve as
17        guardian of the person of a ward of the court; to provide
18        probation supervision and protective supervision  ordered
19        by  the  court; and to provide like services to wards and
20        probationers of courts in other counties or jurisdictions
21        who have lawfully become local residents.
22             (d)  To arrange for  placements  pursuant  to  court
23        order.
24             (e)  To  assume  administrative  responsibility  for
25        such  detention,  shelter care and other institutions for
26        minors as the court may operate.
27             (f)  To maintain an adequate system of case records,
28        statistical records, and  financial  records  related  to
29        juvenile  detention  and shelter care and to make reports
30        to the court and other authorized  persons,  and  to  the
31        Supreme  Court  pursuant  to  the Probation and Probation
32        Officers Act.
33             (g)  To  perform  such  other  services  as  may  be
34        appropriate to effectuate the purposes of this Act or  as
HB5831 Engrossed            -3-                LRB9211161RCcd
 1        may  be  directed  by  any order of court made under this
 2        Act.
 3        (3)  The court services or probation  department  in  any
 4    probation  district  or  county  having  less  than 1,000,000
 5    inhabitants, or any  personnel  of  the  department,  may  be
 6    required by the circuit court to render services to the court
 7    in other matters as well as proceedings under this Act.
 8        (4)  In  any  county  or  probation district, a probation
 9    department may be established as a  separate  division  of  a
10    more   inclusive  department  of  court  services,  with  any
11    appropriate divisional designation.  The organization of  any
12    such  department  of  court  services  and the appointment of
13    officers and other personnel must comply with  the  Probation
14    and Probations Officers Act.
15        (5)  Probation  officers  appointed to probation or court
16    services departments shall be considered peace officers.   In
17    the  exercise  of  their official duties, probation officers,
18    sheriffs, and police officers may, anywhere within the State,
19    arrest any minor who is in violation of any of the conditions
20    of his or her probation, continuance  under  supervision,  or
21    informal supervision, and it shall be the duty of the officer
22    making  the  arrest to take the minor before the court having
23    jurisdiction over the minor for further action.
24    (Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)

25        Section 10.  The Probation and Probation Officers Act  is
26    amended by changing Section 15 as follows:

27        (730 ILCS 110/15) (from Ch. 38, par. 204-7)
28        Sec. 15.  (1) The Supreme Court of Illinois may establish
29    a  Division  of Probation Services whose purpose shall be the
30    development, establishment, promulgation, and enforcement  of
31    uniform  standards  for probation services in this State, and
32    to otherwise carry out the intent of this Act.  The  Division
HB5831 Engrossed            -4-                LRB9211161RCcd
 1    may:
 2             (a)  establish  qualifications  for  chief probation
 3        officers and other probation and court services personnel
 4        as to hiring, promotion, and training.
 5             (b)  make available, on a  timely  basis,  lists  of
 6        those    applicants   whose   qualifications   meet   the
 7        regulations referred to herein, including on  said  lists
 8        all candidates found qualified.
 9             (c)  establish  a  means of verifying the conditions
10        for reimbursement under this Act and develop criteria for
11        approved costs for reimbursement.
12             (d)  develop   standards   and   approve    employee
13        compensation  schedules  for probation and court services
14        departments.
15             (e)  employ sufficient personnel in the Division  to
16        carry out the functions of the Division.
17             (f)  establish  a  system  of training and establish
18        standards for personnel orientation and training.
19             (g)  develop  standards  for  a  system  of   record
20        keeping   for  cases  and  programs,  gather  statistics,
21        establish a system of uniform forms, and develop research
22        for planning of Probation Services.
23             (h)  develop standards to  assure  adequate  support
24        personnel,  office  space, equipment and supplies, travel
25        expenses,  and  other  essential  items   necessary   for
26        Probation  and  Court  Services  Departments to carry out
27        their duties.
28             (i)  review and approve annual  plans  submitted  by
29        Probation and Court Services Departments.
30             (j)  monitor  and  evaluate all programs operated by
31        Probation and Court Services Departments, and may include
32        in the program evaluation criteria such  factors  as  the
33        percentage of Probation sentences for felons convicted of
34        Probationable offenses.
HB5831 Engrossed            -5-                LRB9211161RCcd
 1             (k)  seek   the   cooperation  of  local  and  State
 2        government and private agencies to improve the quality of
 3        probation and court services.
 4             (l)  where  appropriate,  establish   programs   and
 5        corresponding standards designed to generally improve the
 6        quality  of  probation  and court services and reduce the
 7        rate of adult or  juvenile  offenders  committed  to  the
 8        Department of Corrections.
 9             (m)  establish  such other standards and regulations
10        and do all acts necessary to carry  out  the  intent  and
11        purposes of this Act.
12        The  Division  shall establish a model list of structured
13    intermediate sanctions that may be  imposed  by  a  probation
14    agency  for  violations of terms and conditions of a sentence
15    of probation, conditional discharge, or supervision.
16        The State of Illinois shall  provide  for  the  costs  of
17    personnel,  travel,  equipment,  telecommunications, postage,
18    commodities, printing, space, contractual services and  other
19    related costs necessary to carry out the intent of this Act.
20        (2) (a)  The  chief  judge  of each circuit shall provide
21    full-time probation services  for  all  counties  within  the
22    circuit,  in  a  manner  consistent with the annual probation
23    plan, the standards, policies, and regulations established by
24    the Supreme Court.  A  probation  district  of  two  or  more
25    counties  within a circuit may be created for the purposes of
26    providing full-time probation services. Every county or group
27    of counties within  a  circuit  shall  maintain  a  probation
28    department  which  shall  be under the authority of the Chief
29    Judge of the circuit or some other judge  designated  by  the
30    Chief Judge. The Chief Judge, through the Probation and Court
31    Services Department shall submit annual plans to the Division
32    for probation and related services.
33        (b)  The  Chief  Judge  of each circuit shall appoint the
34    Chief Probation Officer and all other probation officers  for
HB5831 Engrossed            -6-                LRB9211161RCcd
 1    his  or  her  circuit  from  lists  of  qualified  applicants
 2    supplied  by the Supreme Court. Candidates for chief managing
 3    officer and other probation officer positions must apply with
 4    both the Chief Judge of the circuit and the Supreme Court.
 5        (3)  A Probation and Court Service Department shall apply
 6    to the Supreme Court for funds for basic  services,  and  may
 7    apply   for   funds   for   new   and  expanded  programs  or
 8    Individualized  Services  and  Programs.   Costs   shall   be
 9    reimbursed monthly based on a plan and budget approved by the
10    Supreme  Court.  No  Department  may  be reimbursed for costs
11    which exceed or are not provided for in the  approved  annual
12    plan  and budget. After the effective date of this amendatory
13    Act of 1985, each  county  must  provide  basic  services  in
14    accordance  with the annual plan and standards created by the
15    division. No department may receive funds for new or expanded
16    programs or individualized services and programs unless  they
17    are  in  compliance with standards as enumerated in paragraph
18    (h) of subsection (1) of this Section, the annual  plan,  and
19    standards for basic services.
20        (4)  The  Division shall reimburse the county or counties
21    for probation services as follows:
22             (a)  100%  of  the  salary  of  all  chief  managing
23        officers designated as such by the Chief  Judge  and  the
24        division.
25             (b)  100%  of  the  salary for all probation officer
26        and supervisor positions approved  for  reimbursement  by
27        the  division  after  April  1,  1984,  to  meet workload
28        standards  and  to  implement  intensive   sanction   and
29        probation  supervision  programs and other basic services
30        as defined in this Act.
31             (c)  100% of the salary  for  all  secure  detention
32        personnel  and  non-secure  group home personnel approved
33        for reimbursement after December 1, 1990.  For  all  such
34        positions  approved  for reimbursement before December 1,
HB5831 Engrossed            -7-                LRB9211161RCcd
 1        1990, the counties shall be reimbursed $1,250  per  month
 2        beginning  July 1, 1995, and an additional $250 per month
 3        beginning each July 1st thereafter  until  the  positions
 4        receive  100%  salary  reimbursement.  Allocation of such
 5        positions will be based on comparative  need  considering
 6        capacity,   staff/resident   ratio,  physical  plant  and
 7        program.
 8             (d)  $1,000 per month for salaries for the remaining
 9        probation officer positions engaged in basic services and
10        new or expanded services. All  such  positions  shall  be
11        approved  by the division in accordance with this Act and
12        division standards.
13             (e)  100% of the travel expenses in accordance  with
14        Division  standards  for all Probation positions approved
15        under paragraph (b) of subsection 4 of this Section.
16             (f)  If the amount of funds reimbursed to the county
17        under paragraphs (a) through (e) of subsection 4 of  this
18        Section  on  an  annual basis is less than the amount the
19        county  had  received  during   the   12   month   period
20        immediately   prior   to   the  effective  date  of  this
21        amendatory Act of 1985, then the Division shall reimburse
22        the amount of the difference to the county. The effect of
23        paragraph (b) of subsection 7 of this  Section  shall  be
24        considered     in    implementing    this    supplemental
25        reimbursement provision.
26        (5)  The Division shall provide funds beginning on  April
27    1,  1987  for the counties to provide Individualized Services
28    and Programs as provided in Section 16 of this Act.
29        (6)  A Probation and Court Services Department  in  order
30    to  be  eligible  for  the  reimbursement  must submit to the
31    Supreme Court an application containing such information  and
32    in  such  a  form  and by such dates as the Supreme Court may
33    require. Departments to be eligible for funding must  satisfy
34    the following conditions:
HB5831 Engrossed            -8-                LRB9211161RCcd
 1             (a)  The  Department  shall  have  on  file with the
 2        Supreme Court an annual Probation  plan  for  continuing,
 3        improved,  and  new Probation and Court Services Programs
 4        approved by the Supreme Court or its designee. This  plan
 5        shall  indicate  the  manner in which Probation and Court
 6        Services will be delivered and improved, consistent  with
 7        the  minimum  standards and regulations for Probation and
 8        Court Services, as established by the Supreme  Court.  In
 9        counties  with more than one Probation and Court Services
10        Department eligible to  receive  funds,  all  Departments
11        within  that  county must submit plans which are approved
12        by the Supreme Court.
13             (b)  The  annual  probation  plan  shall   seek   to
14        generally  improve  the quality of probation services and
15        to reduce the commitment of adult and juvenile  offenders
16        to  the Department of Corrections and shall require, when
17        appropriate,  coordination   with   the   Department   of
18        Corrections  and  the  Department  of Children and Family
19        Services  in  the  development  and  use   of   community
20        resources,   information   systems,   case   review   and
21        permanency  planning  systems to avoid the duplication of
22        services.
23             (c)  The Department  shall  be  in  compliance  with
24        standards  developed  by the Supreme Court for basic, new
25        and expanded services,  training,  personnel  hiring  and
26        promotion.
27             (d)  The   Department   shall  in  its  annual  plan
28        indicate the manner in which it will support  the  rights
29        of  crime  victims  and in which manner it will implement
30        Article I, Section 8.1 of the Illinois  Constitution  and
31        in  what manner it will coordinate crime victims' support
32        services with other criminal justice agencies within  its
33        jurisdiction,  including  but not limited to, the State's
34        Attorney,  the   Sheriff   and   any   municipal   police
HB5831 Engrossed            -9-                LRB9211161RCcd
 1        department.
 2        (7)  No  statement shall be verified by the Supreme Court
 3    or its designee or vouchered by the Comptroller  unless  each
 4    of the following conditions have been met:
 5             (a)  The  probation  officer is a full-time employee
 6        appointed  by  the  Chief  Judge  to  provide   probation
 7        services.
 8             (b)  The  probation officer, in order to be eligible
 9        for State reimbursement, is  receiving  a  salary  of  at
10        least $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
17        to counties employing these exempted  probation  officers
18        as  long as they are employed in the position held on the
19        effective  date  of  this   amendatory   Act   of   1985.
20        Promotions  shall  be  governed by minimum qualifications
21        established by 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
27        as  bona  fide  occupational qualifications, performance,
28        and length of service. Each position  in  the  Department
29        shall be placed on the compensation schedule according to
30        job  duties  and  responsibilities  of such position. The
31        policy and procedures of the compensation schedule  shall
32        be made available to each employee.
33        (8)  In   order  to  obtain  full  reimbursement  of  all
34    approved costs, each Department must continue  to  employ  at
HB5831 Engrossed            -10-               LRB9211161RCcd
 1    least  the  same  number  of probation officers and probation
 2    managers as were authorized for  employment  for  the  fiscal
 3    year  which  includes  January  1, 1985. This number shall be
 4    designated as the base amount of the Department. No positions
 5    approved by the Division under paragraph (b) of subsection  4
 6    will  be  included  in the base amount. In the event that the
 7    Department employs fewer  Probation  officers  and  Probation
 8    managers  than  the  base  amount  for  a  period of 90 days,
 9    funding received by the Department under subsection 4 of this
10    Section may be reduced on a monthly basis by  the  amount  of
11    the current salaries of any positions below the base amount.
12        (9)  Before  the 15th day of each month, the treasurer of
13    any  county  which  has  a  Probation  and   Court   Services
14    Department,  or the treasurer of the most populous county, in
15    the case of a Probation or Court Services  Department  funded
16    by  more  than one county, shall submit an itemized statement
17    of all approved costs  incurred  in  the  delivery  of  Basic
18    Probation  and  Court  Services under this Act to the Supreme
19    Court. The treasurer may also submit an itemized statement of
20    all approved costs  incurred  in  the  delivery  of  new  and
21    expanded   Probation   and   Court   Services   as   well  as
22    Individualized Services and Programs. The  Supreme  Court  or
23    its  designee  shall  verify compliance with this Section and
24    shall examine and  audit  the  monthly  statement  and,  upon
25    finding  them  to  be  correct,  shall  forward  them  to the
26    Comptroller for payment to the county treasurer. In the  case
27    of  payment  to  a  treasurer  of  a county which is the most
28    populous of counties sharing the salary  and  expenses  of  a
29    Probation  and Court Services Department, the treasurer shall
30    divide the money  between  the  counties  in  a  manner  that
31    reflects  each  county's  share  of  the cost incurred by the
32    Department.
33        (10)  The  county  treasurer  must  certify  that   funds
34    received  under this Section shall be used solely to maintain
HB5831 Engrossed            -11-               LRB9211161RCcd
 1    and improve Probation  and  Court  Services.  The  county  or
 2    circuit  shall  remain  in  compliance  with  all  standards,
 3    policies and regulations established by the Supreme Court. If
 4    at  any  time  the  Supreme Court determines that a county or
 5    circuit  is  not  in  compliance,  the  Supreme  Court  shall
 6    immediately notify the Chief Judge, county board chairman and
 7    the Director of Court Services Chief  Probation  Officer.  If
 8    after  90  days  of  written  notice  the noncompliance still
 9    exists, the Supreme Court shall be  required  to  reduce  the
10    amount  of  monthly  reimbursement  by 10%. An additional 10%
11    reduction of  monthly  reimbursement  shall  occur  for  each
12    consecutive  month  of  noncompliance.  Except as provided in
13    subsection  5  of  Section  15,  funding  to  counties  shall
14    commence on April 1, 1986.  Funds  received  under  this  Act
15    shall  be  used  to provide for Probation Department expenses
16    including those required under Section 13 of this Act.
17        (11)  The respective counties shall  be  responsible  for
18    capital  and  space  costs,  fringe benefits, clerical costs,
19    equipment,  telecommunications,  postage,   commodities   and
20    printing.
21        (12)  Probation   officers   shall  be  considered  peace
22    officers.   In  the  exercise  of  their  official   duties,.
23    probation   officers,  sheriffs,  and  police  officers  may,
24    anywhere within the State, arrest any probationer who  is  in
25    violation  of  any of the conditions of his or her probation,
26    conditional discharge, or supervision, and it  shall  be  the
27    duty  of  the  officer  making  the  arrest  to take the said
28    probationer before the Court  having  jurisdiction  over  the
29    probationer him for further order.
30    (Source:  P.A.  89-198,  eff.  7-21-95; 89-390, eff. 8-20-95;
31    89-626, eff. 8-9-96.)

[ Top ]