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92_HB5831eng 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 thesaid28 probationer before the Court having jurisdiction over the 29 probationerhimfor 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.)