Full Text of HB3905 100th General Assembly
HB3905 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3905 Introduced , by Rep. Juliana Stratton SYNOPSIS AS INTRODUCED: |
| 730 ILCS 190/5 | | 730 ILCS 190/20 | |
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Amends the Illinois Crime Reduction Act of 2009. Adds definition of "offender" and deletes definition of "violent offender". Provides that all offenders (rather than just non-violent offenders) are eligible for the Adult Redeploy Illinois program.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Crime Reduction Act of 2009 is | 5 | | amended by changing Sections 5 and 20 as follows: | 6 | | (730 ILCS 190/5)
| 7 | | Sec. 5. Purpose and Definitions. | 8 | | (a) Purpose. The General Assembly hereby declares that it | 9 | | is the policy of Illinois to preserve public safety, reduce | 10 | | crime, and make the most effective use of correctional | 11 | | resources. Currently, the Illinois correctional system | 12 | | overwhelmingly incarcerates people whose time in prison does | 13 | | not result in improved behavior and who return to Illinois | 14 | | communities in less than one year. It is therefore the purpose | 15 | | of this Act to create an infrastructure to provide effective | 16 | | resources and services to incarcerated individuals and | 17 | | individuals supervised in the locality; to hold offenders | 18 | | accountable; to successfully rehabilitate offenders to prevent | 19 | | future involvement with the criminal justice system; to measure | 20 | | the overall effectiveness of the criminal justice system in | 21 | | achieving this policy; and to create the Adult Redeploy | 22 | | Illinois program for those who do not fall under the definition | 23 | | of violent offenders . |
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| 1 | | (b) Definitions. As used in this Act, unless the context | 2 | | clearly requires otherwise: | 3 | | (1) "Assets" are an offender's qualities or resources, | 4 | | such as family and other positive support systems, | 5 | | educational achievement, and employment history, that | 6 | | research has demonstrated will decrease the likelihood | 7 | | that the offender will re-offend and increase the | 8 | | likelihood that the offender will successfully reintegrate | 9 | | into the locality. | 10 | | (2) "Case plan" means a consistently updated written | 11 | | proposal that shall follow the offender through all phases | 12 | | of the criminal justice system, that is based on the | 13 | | offender's risks, assets, and needs as identified through | 14 | | the assessment tool described in this Act, and that | 15 | | outlines steps the offender shall take and the programs in | 16 | | which the offender shall participate to maximize the | 17 | | offender's ability to be rehabilitated. | 18 | | (3) "Conditions of supervision" include conditions | 19 | | described in Section 5-6-3.1 of the Unified Code of | 20 | | Corrections.
| 21 | | (4) "Evidence-based practices" means policies, | 22 | | procedures, programs, and practices that have been | 23 | | demonstrated to reduce recidivism among incarcerated | 24 | | individuals and individuals on local supervision. | 25 | | (5) "Local supervision" includes supervision in | 26 | | local-based, non-incarceration settings under such |
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| 1 | | conditions and reporting requirements as are imposed by the | 2 | | court or the Prisoner Review Board. | 3 | | (6) "Needs" include an offender's criminogenic | 4 | | qualities, skills, and experiences that can be altered in | 5 | | ways that research has demonstrated will minimize the | 6 | | offender's chances of re-offending and maximize the | 7 | | offender's chances of successfully reintegrating into the | 8 | | locality. | 9 | | (6.5) "Offender" means a person convicted of a criminal | 10 | | offense. | 11 | | (7) "Risks" include the attributes of an offender that | 12 | | are commonly considered to be those variables, such as age, | 13 | | prior criminal history, history of joblessness, and lack of | 14 | | education that research has demonstrated contribute to an | 15 | | offender's likelihood of re-offending and impact an | 16 | | offender's ability to successfully reintegrate into the | 17 | | locality. | 18 | | (8) (Blank). "Violent offender" means a person | 19 | | convicted of a violent crime as defined in subsection (c) | 20 | | of Section 3 of the Rights of Crime Victims and Witnesses | 21 | | Act.
| 22 | | (Source: P.A. 96-761, eff. 1-1-10.) | 23 | | (730 ILCS 190/20)
| 24 | | Sec. 20. Adult Redeploy Illinois.
| 25 | | (a) Purpose. When offenders are accurately assessed for |
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| 1 | | risk, assets, and needs, it is possible to identify which | 2 | | people should be sent to prison and which people can be | 3 | | effectively supervised in the locality. By providing financial | 4 | | incentives to counties or judicial circuits to create effective | 5 | | local-level evidence-based services, it is possible to reduce | 6 | | crime and recidivism at a lower cost to taxpayers. Based on | 7 | | this model, this Act hereby creates the Adult Redeploy Illinois | 8 | | program for offenders who do not fall under the definition of | 9 | | violent offenders in order to increase public safety and | 10 | | encourage the successful local supervision of eligible | 11 | | offenders and their reintegration into the locality. | 12 | | (b) The Adult Redeploy Illinois program shall reallocate | 13 | | State funds to local jurisdictions that successfully establish | 14 | | a process to assess offenders and provide a continuum of | 15 | | locally based sanctions and treatment alternatives for | 16 | | offenders who would be incarcerated in a State facility if | 17 | | those local services and sanctions did not exist. The allotment | 18 | | of funds shall be based on a formula that rewards local | 19 | | jurisdictions for the establishment or expansion of local | 20 | | supervision programs and requires them to pay the amount | 21 | | determined in subsection (e) if incarceration targets as | 22 | | defined in subsection (e) are not met. | 23 | | (c) Each county or circuit participating in the Adult | 24 | | Redeploy Illinois program shall create a local plan describing | 25 | | how it will protect public safety and reduce the county or | 26 | | circuit's utilization of incarceration in State facilities or |
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| 1 | | local county jails by the creation or expansion of | 2 | | individualized services or programs. | 3 | | (d) Based on the local plan, a county or circuit shall | 4 | | enter into an agreement with the Adult Redeploy Oversight Board | 5 | | described in subsection (e) to reduce the number of commitments | 6 | | to State correctional facilities from that county or circuit , | 7 | | excluding violent offenders . The agreement shall include a | 8 | | pledge from the county or circuit to reduce their commitments | 9 | | by 25% of the level of commitments from the average number of | 10 | | commitments for the past 3 years of eligible non-violent | 11 | | offenders. In return, the county or circuit shall receive, | 12 | | based upon a formula described in subsection (e), funds to | 13 | | redeploy for local programming for offenders who would | 14 | | otherwise be incarcerated such as management and supervision, | 15 | | electronic monitoring, and drug testing. The county or circuit | 16 | | shall also be penalized, as described in subsection (e), for | 17 | | failure to reach the goal of reduced commitments stipulated in | 18 | | the agreement. | 19 | | (e) Adult Redeploy Illinois Oversight Board; members; | 20 | | responsibilities. | 21 | | (1) The Secretary of Human Services and the Director of | 22 | | Corrections shall within 3 months after the effective date | 23 | | of this Act convene and act as co-chairs of an oversight | 24 | | board to oversee the Adult Redeploy Program. The Board | 25 | | shall include, but not be limited to, designees from the | 26 | | Prisoner Review Board, Office of the Attorney General, |
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| 1 | | Illinois Criminal Justice Information Authority, and | 2 | | Sentencing Policy Advisory Council; the Cook County | 3 | | State's Attorney; a State's Attorney selected by the | 4 | | President of the Illinois State's Attorneys Association; | 5 | | the State Appellate Defender; the Cook County Public | 6 | | Defender; a representative of Cook County Adult Probation, | 7 | | a representative of DuPage County Adult Probation; a | 8 | | representative of Sangamon County Adult Probation; and 4 | 9 | | representatives from non-governmental organizations, | 10 | | including service providers. | 11 | | (2) The Oversight Board shall within one year after the | 12 | | effective date of this Act: | 13 | | (A) Develop a process to solicit applications from | 14 | | and identify jurisdictions to be included in the Adult | 15 | | Redeploy Illinois program. | 16 | | (B) Define categories of membership for local | 17 | | entities to participate in the creation and oversight | 18 | | of the local Adult Redeploy Illinois program. | 19 | | (C) Develop a formula for the allotment of funds to | 20 | | local jurisdictions for local and community-based | 21 | | services in lieu of commitment to the Department of | 22 | | Corrections and a penalty amount for failure to reach | 23 | | the goal of reduced commitments stipulated in the | 24 | | plans. | 25 | | (D) Develop a standard format for the local plan to | 26 | | be submitted by the local entity created in each county |
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| 1 | | or circuit. | 2 | | (E) Identify and secure resources sufficient to | 3 | | support the administration and evaluation of Adult | 4 | | Redeploy Illinois. | 5 | | (F) Develop a process to support ongoing | 6 | | monitoring and evaluation of Adult Redeploy Illinois. | 7 | | (G) Review local plans and proposed agreements and | 8 | | approve the distribution of resources. | 9 | | (H) Develop a performance measurement system that | 10 | | includes but is not limited to the following key | 11 | | performance indicators: recidivism, rate of | 12 | | revocations, employment rates, education achievement, | 13 | | successful completion of substance abuse treatment | 14 | | programs, and payment of victim restitution. Each | 15 | | county or circuit shall include the performance | 16 | | measurement system in its local plan and provide data | 17 | | annually to evaluate its success.
| 18 | | (I) Report annually the results of the performance | 19 | | measurements on a timely basis to the Governor and | 20 | | General Assembly.
| 21 | | (Source: P.A. 96-761, eff. 1-1-10.)
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