Public Act 93-0641
HB2545 Re-Enrolled LRB093 04711 RLC 11062 b
AN ACT in relation to juvenile offenders, which may be
referred to as the Redeploy Illinois Program amendments.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Probation and Probation Officers Act is
amended by adding Section 16.1 as follows:
(730 ILCS 110/16.1 new)
Sec. 16.1. Redeploy Illinois Program.
(a) The purpose of this Section is to encourage the
deinstitutionalization of juvenile offenders establishing
pilot projects in counties or groups of counties that
reallocate State funds from juvenile correctional confinement
to local jurisdictions, which will establish a continuum of
local, community-based sanctions and treatment alternatives
for juvenile offenders who would be incarcerated if those
local services and sanctions did not exist. The allotment of
funds will be based on a formula that rewards local
jurisdictions for the establishment or expansion of local
alternatives to incarceration, and requires them to pay for
utilization of incarceration as a sanction. This redeployment
of funds shall be made in a manner consistent with the
Juvenile Court Act of 1987 and the following purposes and
policies:
(1) The juvenile justice system should protect the
community, impose accountability to victims and
communities for violations of law, and equip juvenile
offenders with competencies to live responsibly and
productively.
(2) Juveniles should be treated in the least
restrictive manner possible while maintaining the safety
of the community.
(3) A continuum of services and sanctions from least
restrictive to most restrictive should be available in
every community.
(4) There should be local responsibility and
authority for planning, organizing, and coordinating
service resources in the community. People in the
community can best choose a range of services which
reflect community values and meet the needs of their own
youth.
(5) Juveniles who pose a threat to the community or
themselves need special care, including secure settings.
Such services as detention, long-term incarceration, or
residential treatment are too costly to provide in each
community and should be coordinated and provided on a
regional or Statewide basis.
(6) The roles of State and local government in
creating and maintaining services to youth in the
juvenile justice system should be clearly defined. The
role of the State is to fund services, set standards of
care, train service providers, and monitor the
integration and coordination of services. The role of
local government should be to oversee the provision of
services.
(b) Each county or circuit participating in the pilot
program must create a local plan demonstrating how it will
reduce the county or circuit's utilization of secure
confinement of juvenile offenders in the Illinois Department
of Corrections or county detention centers by the creation or
expansion of individualized services or programs that may
include but are not limited to the following:
(1) Assessment and evaluation services to provide
the juvenile justice system with accurate individualized
case information on each juvenile offender including
mental health, substance abuse, educational, and family
information;
(2) Direct services to individual juvenile offenders
including educational, vocational, mental health,
substance abuse, supervision, and service coordination;
and
(3) Programs that seek to restore the offender to
the community, such as victim offender panels, teen
courts, competency building, enhanced accountability
measures, restitution, and community service. The local
plan must be directed in such a manner as to emphasize an
individualized approach to providing services to juvenile
offenders in an integrated community based system
including probation as the broker of services. The plan
must also detail the reduction in utilization of secure
confinement. The local plan shall be limited to services
and shall not include costs for:
(i) capital expenditures;
(ii) renovations or remodeling;
(iii) personnel costs for probation.
The local plan shall be submitted to the Department of
Human Services.
(c) A county or group of counties may develop an
agreement with the Department of Human Services to reduce
their number of commitments of juvenile offenders, excluding
minors sentenced based upon a finding of guilt of first
degree murder or an offense which is a Class X forcible
felony as defined in the Criminal Code of 1961, to the
Department of Corrections, and then use the savings to
develop local programming for youth who would otherwise have
been committed to the Department of Corrections. The county
or group of counties shall agree to limit their commitments
to 75% of the level of commitments from the average number of
juvenile commitments for the past 3 years, and will receive
the savings to redeploy for local programming for juveniles
who would otherwise be held in confinement. The agreement
shall set forth the following:
(1) a Statement of the number and type of juvenile
offenders from the county who were held in secure
confinement by the Illinois Department of Corrections or
in county detention the previous year, and an explanation
of which, and how many, of these offenders might be
served through the proposed Redeploy Illinois Program for
which the funds shall be used;
(2) a Statement of the service needs of currently
confined juveniles;
(3) a Statement of the type of services and programs
to provide for the individual needs of the juvenile
offenders, and the research or evidence base that
qualifies those services and programs as proven or
promising practices;
(4) a budget indicating the costs of each service or
program to be funded under the plan;
(5) a summary of contracts and service agreements
indicating the treatment goals and number of juvenile
offenders to be served by each service provider; and
(6) a Statement indicating that the Redeploy
Illinois Program will not duplicate existing services and
programs. Funds for this plan shall not supplant existing
county funded programs.
(d) (Blank).
(e) The Department of Human Services shall be responsible
for the following:
(1) Reviewing each Redeploy Illinois Program plan
for compliance with standards established for such plans.
A plan may be approved as submitted, approved with
modifications, or rejected. No plan shall be considered
for approval if the circuit or county is not in full
compliance with all regulations, standards and guidelines
pertaining to the delivery of basic probation services as
established by the Supreme Court.
(2) Monitoring on a continual basis and evaluating
annually both the program and its fiscal activities in
all counties receiving an allocation under the Redeploy
Illinois Program. Any program or service that has not met
the goals and objectives of its contract or service
agreement shall be subject to denial for funding in
subsequent years. The Department of Human Services shall
evaluate the effectiveness of the Redeploy Illinois
Program in each circuit or county. In determining the
future funding for the Redeploy Illinois Program under
this Act, the evaluation shall include, as a primary
indicator of success, a decreased number of confinement
days for the county's juvenile offenders.
(f) Any Redeploy Illinois Program allocations not applied
for and approved by the Department of Human Services shall be
available for redistribution to approved plans for the
remainder of that fiscal year. Any county that invests local
moneys in the Redeploy Illinois Program shall be given first
consideration for any redistribution of allocations.
Jurisdictions participating in Redeploy Illinois that exceed
their agreed upon level of commitments to the Department of
Corrections shall reimburse the Department of Corrections for
each commitment above the agreed upon level.
(g) Implementation of Redeploy Illinois.
(1) Planning Phase.
(i) Redeploy Illinois Oversight Board. The Department of
Human Services shall convene an oversight board to develop
plans for a pilot Redeploy Illinois Program. The Board shall
include, but not be limited to, designees from the Department
of Corrections, the Administrative Office of Illinois Courts,
the Illinois Juvenile Justice Commission, the Illinois
Criminal Justice Information Authority, the Department of
Children and Family Services, the State Board of Education,
the Cook County State's Attorney, and a State's Attorney
selected by the President of the Illinois State's Attorney's
Association.
(ii) Responsibilities of the Redeploy Illinois
Oversight Board. The Oversight Board shall:
(A) Identify jurisdictions to be invited in
the initial pilot program of Redeploy Illinois.
(B) Develop a formula for reimbursement of
local jurisdictions for local and community-based
services utilized in lieu of commitment to the
Department of Corrections, as well as for any
charges for local jurisdictions for commitments
above the agreed upon limit in the approved plan.
(C) Identify resources sufficient to support
the administration and evaluation of Redeploy
Illinois.
(D) Develop a process and identify resources to
support on-going monitoring and evaluation of
Redeploy Illinois.
(E) Develop a process and identify resources to
support training on Redeploy Illinois.
(F) Report to the Governor and the General
Assembly on an annual basis on the progress of
Redeploy Illinois.
(iii) Length of Planning Phase. The planning phase
may last up to, but may in no event last longer than,
July 1, 2004.
(2) Pilot Phase. In the second phase of the Redeploy
Illinois program, the Department of Human Services shall
implement several pilot programs of Redeploy Illinois in
counties or groups of counties as identified by the
Oversight Board. Annual review of the Redeploy Illinois
program by the Oversight Board shall include
recommendations for future sites for Redeploy Illinois.
Section 99. Effective date. This Act takes effect upon
becoming law.