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Public Act 094-1032
Public Act 1032 94TH GENERAL ASSEMBLY
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Public Act 094-1032
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| SB1145 Enrolled |
LRB094 04840 RLC 34869 b |
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| AN ACT concerning criminal law.
| 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 changing Section 16.1 as follows:
| (730 ILCS 110/16.1)
| 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.
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| (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 | Juvenile Justice 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
Juvenile Justice, | and then use the savings to develop local
programming for youth | who would otherwise have been committed
to the Department of | Juvenile Justice. A
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. For any county or group of counties with a | decrease of juvenile commitments of at least 25%, based on the | average reductions of the prior 3 years, which are chosen to | participate or continue as pilot sites, the Redeploy Illinois | Oversight Board has the authority to reduce the required | percentage of future commitments to achieve the purpose of this | Section. 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
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| confinement by the Illinois Department of Juvenile Justice | 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
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| 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 | Juvenile Justice 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 Juvenile | Justice, 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.
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| (B) Develop a formula for reimbursement of | local
jurisdictions for local and community-based | services
utilized in lieu of commitment to the | Department of
Juvenile Justice, 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.
| (Source: P.A. 93-641, eff. 12-31-03; 94-696, eff. 6-1-06.) |
Effective Date: 1/1/2007
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