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Public Act 103-0728


 

Public Act 0728 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0728
 
HB4409 EnrolledLRB103 35995 RLC 66082 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Crime Reduction Act of 2009 is
amended by changing Section 20 as follows:
 
    (730 ILCS 190/20)
    Sec. 20. Adult Redeploy Illinois.
    (a) Purpose. When justice-impacted individuals offenders
are accurately assessed for risk, assets, and needs, it is
possible to identify which people should be sent to prison and
which people can be effectively supervised in the locality. By
providing financial incentives to counties or judicial
circuits to create effective local-level evidence-based
services, it is possible to reduce crime and recidivism at a
lower cost to taxpayers. Based on this model, this Act hereby
creates the Adult Redeploy Illinois program for
probation-eligible justice-impacted individuals offenders in
order to increase public safety and encourage the successful
local supervision of eligible justice-impacted individuals
offenders and their reintegration into the locality.
    (a-5) For the purpose of this Section, "justice-impacted
individual" has the same meaning as "offender" in Section 5 of
this Act.
    (b) The Adult Redeploy Illinois program shall allocate
reallocate State funds to local jurisdictions that
successfully establish a process to assess justice-impacted
individuals offenders and provide a continuum of locally based
sanctions and treatment alternatives for justice-impacted
individuals offenders who would be incarcerated in a State
facility if those local services and sanctions did not exist.
Funds shall be distributed via a grant program The allotment
of funds shall be based on a formula that rewards local
jurisdictions for the establishment or expansion of local
supervision programs and requires them to pay the amount
determined in subsection (e) if incarceration targets as
defined in subsection (e) are not met.
    (c) Each county or circuit participating in the Adult
Redeploy Illinois program shall create a local plan describing
how it will protect public safety and reduce the county or
circuit's utilization of incarceration in State facilities or
local county jails by the creation or expansion of
individualized services or programs.
    (d) Based on the local plan, a county or circuit shall
enter into an agreement with the Adult Redeploy Oversight
Board described in subsection (e) to reduce the number of
commitments of probation-eligible justice-impacted
individuals offenders to State correctional facilities from
that county or circuit. The agreement shall include a pledge
from the county or circuit to reduce their commitments by 25%
of the level of commitments from the average number of
commitments for the past 3 years of eligible justice-impacted
individuals offenders. In return, the county or circuit shall
receive, based upon a formula described in subsection (e),
funds to redeploy for local programming for justice-impacted
individuals offenders who would otherwise be incarcerated such
as management and supervision, electronic monitoring, and drug
testing. The county or circuit shall also be penalized, as
described in subsection (e), for failure to reach the goal of
reduced commitments stipulated in the agreement.
    (d-5) Subject to appropriation to the Illinois Criminal
Justice Information Authority, the Adult Redeploy Illinois
Oversight Board described in subsection (e) may provide grant
funds to qualified organizations that can assist local
jurisdictions in training, development, and technical
assistance.
    (e) Adult Redeploy Illinois Oversight Board; members;
responsibilities.
        (1) The Adult Redeploy Illinois Oversight Board is
    created to oversee, provide guidance, and develop an
    administrative structure for the Adult Redeploy Illinois
    Program. Once all members have been appointed as outlined
    in this subsection (e), the Board may exercise any power,
    perform any function, take any action, or do anything in
    furtherance of its purposes and goals upon the appointment
    of a quorum of its members.
        (2) The membership of the Oversight Board shall
    consist of the following:
            (A) The Secretary of Human Services or a designee,
        who shall serve as co-chair;
            (B) The Director of Corrections or a designee, who
        shall serve as co-chair;
            (C) The Executive Director of the Illinois
        Criminal Justice Information Authority or a designee;
            (D) The Executive Director of the Sentencing
        Policy Advisory Council or a designee;
            (E) The Chair or Executive Director of the
        Prisoner Review Board or a designee;
            (F) The Cook County State's Attorney or a
        designee;
            (G) The Cook County Public Defender or a designee;
            (H) The Attorney General or a designee;
            (I) The State Appellate Defender or a designee;
            (J) A representative of Cook County Adult
        Probation appointed by the Chief Judge of the Circuit
        Court of Cook County;
            (K) A representative of Sangamon County Adult
        Probation appointed by the Chief Circuit Judge of the
        Seventh Judicial Circuit;
            (L) A representative of DuPage County Adult
        Probation appointed by the Chief Circuit Judge of the
        Eighteenth Judicial Circuit;
            (M) The following additional members, each of whom
        shall be appointed by majority vote by the Oversight
        Board:
                (i) A State's Attorney selected by the
            President of the Illinois State's Attorneys
            Association;
                (ii) 4 representatives from non-governmental
            organizations, including, but not limited to,
            service providers; and
                (iii) 2 individuals who were participants in
            Adult Redeploy Illinois-funded programs. The
            Secretary of Human Services and the Director of
            Corrections shall within 3 months after January 1,
            2010 (the effective date of Public Act 96-761)
            convene and act as co-chairs of an oversight board
            to oversee the Adult Redeploy Program. The Board
            shall include, but not be limited to, designees
            from the Prisoner Review Board, Office of the
            Attorney General, Illinois Criminal Justice
            Information Authority, and Sentencing Policy
            Advisory Council; the Cook County State's Attorney
            or a designee; a State's Attorney selected by the
            President of the Illinois State's Attorneys
            Association; the State Appellate Defender or a
            designee; the Cook County Public Defender or a
            designee; a representative of Cook County Adult
            Probation, a representative of DuPage County Adult
            Probation; a representative of Sangamon County
            Adult Probation; and 4 representatives from
            non-governmental organizations, including service
            providers.
        (3) Members shall serve without compensation but shall
    be reimbursed for actual expenses incurred in the
    performance of their duties.
        (4) (2) The Oversight Board shall within one year
    after January 1, 2010 (the effective date of Public Act
    96-761):
            (A) Develop a process to solicit applications from
        and identify jurisdictions to be included in the Adult
        Redeploy Illinois program.
            (B) Define categories of membership for local
        entities to participate in the creation and oversight
        of the local Adult Redeploy Illinois program.
            (C) Establish a grant program Develop a formula
        for the allotment of funds to local jurisdictions for
        local and community-based services in lieu of
        commitment to the Department of Corrections and a
        penalty amount for failure to reach the goal of
        reduced commitments stipulated in the plans.
            (D) Develop a standard format for the local plan
        to be submitted by the local entity created in each
        county or circuit.
            (E) Identify and secure resources sufficient to
        support the administration and evaluation of Adult
        Redeploy Illinois.
            (F) Develop a process to support ongoing
        monitoring and evaluation of Adult Redeploy Illinois.
            (G) Review local plans and proposed agreements and
        approve the distribution of resources.
            (H) Develop a performance measurement system that
        includes but is not limited to the following key
        performance indicators: recidivism, rate of
        revocations, employment rates, education achievement,
        successful completion of substance abuse treatment
        programs, and payment of victim restitution. Each
        county or circuit shall include the performance
        measurement system in its local plan and provide data
        annually to evaluate its success.
            (I) Report annually the results of the performance
        measurements on a timely basis to the Governor and
        General Assembly.
        (5) (3) The Oversight Board shall:
            (A) Develop a process to solicit grant
        applications from eligible training, development, and
        technical assistance organizations.
            (B) Review grant applications and proposed grant
        agreements and approve the distribution of resources.
            (C) Develop a process to support ongoing
        monitoring of training, development, and technical
        assistance grantees.
        (6) Grant funds awarded pursuant to this Section shall
    be administered by the Illinois Criminal Justice
    Information Authority, in coordination with the Oversight
    Board, and shall be consistent with the requirements of
    the Grant Accountability and Transparency Act.
        (7) The Illinois Criminal Justice Information
    Authority shall provide administrative support to the
    Adult Redeploy Illinois Oversight Board.
(Source: P.A. 103-8, eff. 6-7-23.)

Effective Date: 1/1/2025