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Public Act 096-0761 |
SB1289 Enrolled |
LRB096 03761 RLC 13791 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Illinois Crime Reduction Act of 2009. |
Section 5. Purpose and Definitions. |
(a) Purpose. The General Assembly hereby declares that it |
is the policy of Illinois to preserve public safety, reduce |
crime, and make the most effective use of correctional |
resources. Currently, the Illinois correctional system |
overwhelmingly incarcerates people whose time in prison does |
not result in improved behavior and who return to Illinois |
communities in less than one year. It is therefore the purpose |
of this Act to create an infrastructure to provide effective |
resources and services to incarcerated individuals and |
individuals supervised in the locality; to hold offenders |
accountable; to successfully rehabilitate offenders to prevent |
future involvement with the criminal justice system; to measure |
the overall effectiveness of the criminal justice system in |
achieving this policy; and to create the Adult Redeploy |
Illinois program for those who do not fall under the definition |
of violent offenders. |
(b) Definitions. As used in this Act, unless the context |
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clearly requires otherwise: |
(1) "Assets" are an offender's qualities or resources, |
such as family and other positive support systems, |
educational achievement, and employment history, that |
research has demonstrated will decrease the likelihood |
that the offender will re-offend and increase the |
likelihood that the offender will successfully reintegrate |
into the locality. |
(2) "Case plan" means a consistently updated written |
proposal that shall follow the offender through all phases |
of the criminal justice system, that is based on the |
offender's risks, assets, and needs as identified through |
the assessment tool described in this Act, and that |
outlines steps the offender shall take and the programs in |
which the offender shall participate to maximize the |
offender's ability to be rehabilitated. |
(3) "Conditions of supervision" include conditions |
described in Section 5-6-3.1 of the Unified Code of |
Corrections.
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(4) "Evidence-based practices" means policies, |
procedures, programs, and practices that have been |
demonstrated to reduce recidivism among incarcerated |
individuals and individuals on local supervision. |
(5) "Local supervision" includes supervision in |
local-based, non-incarceration settings under such |
conditions and reporting requirements as are imposed by the |
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court or the Prisoner Review Board. |
(6) "Needs" include an offender's criminogenic |
qualities, skills, and experiences that can be altered in |
ways that research has demonstrated will minimize the |
offender's chances of re-offending and maximize the |
offender's chances of successfully reintegrating into the |
locality. |
(7) "Risks" include the attributes of an offender that |
are commonly considered to be those variables, such as age, |
prior criminal history, history of joblessness, and lack of |
education that research has demonstrated contribute to an |
offender's likelihood of re-offending and impact an |
offender's ability to successfully reintegrate into the |
locality. |
(8) "Violent offender" means a person convicted of a |
violent crime as defined in subsection (c) of Section 3 of |
the Rights of Crime Victims and Witnesses Act.
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Section 10. Evidence-Based Programming.
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(a) Purpose. Research and practice have identified new |
strategies and policies that can result in a significant |
reduction in recidivism rates and the successful local |
reintegration of offenders. The purpose of this Section is to |
ensure that State and local agencies direct their resources to |
services and programming that have been demonstrated to be |
effective in reducing recidivism and reintegrating offenders |
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into the locality. |
(b) Evidence-based programming in local supervision. |
(1) The Parole Division of the Department of |
Corrections and the Prisoner Review Board shall adopt |
policies, rules, and regulations that, within the first |
year of the adoption, validation, and utilization of the |
statewide, standardized risk assessment tool described in |
this Act, result in at least 25% of supervised individuals |
being supervised in accordance with evidence-based |
practices; within 3 years of the adoption, validation, and |
utilization of the statewide, standardized risk assessment |
tool result in at least 50% of supervised individuals being |
supervised in accordance with evidence-based practices; |
and within 5 years of the adoption, validation, and |
utilization of the statewide, standardized risk assessment |
tool result in at least 75% of supervised individuals being |
supervised in accordance with evidence-based practices. |
The policies, rules, and regulations shall: |
(A) Provide for a standardized individual case |
plan that follows the offender through the criminal |
justice system (including in-prison if the supervised |
individual is in prison) that is:
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(i) Based on the assets of the individual as |
well as his or her risks and needs identified |
through the assessment tool as described in this |
Act. |
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(ii) Comprised of treatment and supervision |
services appropriate to achieve the purpose of |
this Act. |
(iii) Consistently updated, based on program |
participation by the supervised individual and |
other behavior modification exhibited by the |
supervised individual. |
(B) Concentrate resources and services on |
high-risk offenders. |
(C) Provide for the use of evidence-based |
programming related to education, job training, |
cognitive behavioral therapy, and other programming |
designed to reduce criminal behavior. |
(D) Establish a system of graduated responses. |
(i) The system shall set forth a menu of |
presumptive responses for the most common types of |
supervision violations.
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(ii) The system shall be guided by the model |
list of intermediate sanctions created by the |
Probation Services Division of the State of |
Illinois pursuant to subsection (1) of Section 15 |
of the Probation and Probation Officers Act and the |
system of intermediate sanctions created by the |
Chief Judge of each circuit court pursuant to |
Section 5-6-1 of the Unified Code of Corrections. |
(iii) The system of responses shall take into |
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account factors such as the severity of the current |
violation; the supervised individual's risk level |
as determined by a validated assessment tool |
described in this Act; the supervised individual's |
assets; his or her previous criminal record; and |
the number and severity of any previous |
supervision violations. |
(iv) The system shall also define positive |
reinforcements that supervised individuals may |
receive for compliance with conditions of |
supervision. |
(v) Response to violations should be swift and |
certain and should be imposed as soon as |
practicable but no longer than 3 working days of |
detection of the violation behavior. |
(2) Conditions of local supervision (probation and |
mandatory supervised release). Conditions of local |
supervision whether imposed by a sentencing judge or the |
Prisoner Review Board shall be imposed in accordance with |
the offender's risks, assets, and needs as identified |
through the assessment tool described in this Act. |
(c) Evidence-based in-prison programming. |
(1) The Department of Corrections shall adopt |
policies, rules, and regulations that, within the first |
year of the adoption, validation, and utilization of the |
statewide, standardized risk assessment tool described in |
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this Act, result in at least 25% of incarcerated |
individuals receiving services and programming in |
accordance with evidence-based practices; within 3 years |
of the adoption, validation, and utilization of the |
statewide, standardized risk assessment tool result in at |
least 50% of incarcerated individuals receiving services |
and programming in accordance with evidence-based |
practices; and within 5 years of the adoption, validation, |
and utilization of the statewide, standardized risk |
assessment tool result in at least 75% of incarcerated |
individuals receiving services and programming in |
accordance with evidence-based practices. The policies, |
rules, and regulations shall: |
(A) Provide for the use and development of a case |
plan based on the risks, assets, and needs identified |
through the assessment tool as described in this Act. |
The case plan should be used to determine in-prison |
programming; should be continuously updated based on |
program participation by the prisoner and other |
behavior modification exhibited by the prisoner; and |
should be used when creating the case plan described in |
subsection (b).
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(B) Provide for the use of evidence-based |
programming related to education, job training, |
cognitive behavioral therapy and other evidence-based |
programming. |
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(C) Establish education programs based on a |
teacher to student ratio of no more than 1:30. |
(D) Expand the use of drug prisons, modeled after |
the Sheridan Correctional Center, to provide |
sufficient drug treatment and other support services |
to non-violent inmates with a history of substance |
abuse. |
(2) Participation and completion of programming by |
prisoners can impact earned time credit as determined under |
Section 3-6-3 of the Unified Code of Corrections. |
(3) The Department of Corrections shall provide its |
employees with intensive and ongoing training and |
professional development services to support the |
implementation of evidence-based practices. The training |
and professional development services shall include |
assessment techniques, case planning, cognitive behavioral |
training, risk reduction and intervention strategies, |
effective communication skills, substance abuse treatment |
education and other topics identified by the Department or |
its employees. |
(d) The Parole Division of the Department of Corrections |
and the Prisoner Review Board shall provide their employees |
with intensive and ongoing training and professional |
development services to support the implementation of |
evidence-based practices. The training and professional |
development services shall include assessment techniques, case |
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planning, cognitive behavioral training, risk reduction and |
intervention strategies, effective communication skills, |
substance abuse treatment education, and other topics |
identified by the agencies or their employees.
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(e) The Department of Corrections, the Prisoner Review |
Board, and other correctional entities referenced in the |
policies, rules, and regulations of this Act shall design, |
implement, and make public a system to evaluate the |
effectiveness of evidence-based practices in increasing public |
safety and in successful reintegration of those under |
supervision into the locality. Annually, each agency shall |
submit to the Sentencing Policy Advisory Council a |
comprehensive report on the success of implementing |
evidence-based practices. The data compiled and analyzed by the |
Council shall be delivered annually to the Governor and the |
General Assembly.
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Section 15. Adoption, validation, and utilization of an |
assessment tool.
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(a) Purpose. In order to determine appropriate punishment |
or services which will protect public safety, it is necessary |
for the State and local jurisdictions to adopt a common |
assessment tool. Supervision and correctional programs are |
most effective at reducing future crime when they accurately |
assess offender risks, assets, and needs, and use these |
assessment results to assign supervision levels and target |
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programs to criminogenic needs. |
(b) After review of the plan issued by the Task Force |
described in subsection (c), the Department of Corrections, the |
Parole Division of the Department of Corrections, and the |
Prisoner Review Board shall adopt policies, rules, and |
regulations that within 3 years of the effective date of this |
Act result in the adoption, validation, and utilization of a |
statewide, standardized risk assessment tool across the |
Illinois criminal justice system. |
(c) The Governor's Office shall convene a Risks, Assets, |
and Needs Assessment Task Force to develop plans for the |
adoption, validation, and utilization of such an assessment |
tool. The Task Force shall include, but not be limited to, |
designees from the Department of Corrections who are |
responsible for parole services, a designee from the Cook |
County Adult Probation; a representative from a county |
probation office, a designee from DuPage County Adult |
Probation, a designee from Sangamon County Adult Probation; and |
designees from the Attorney General's Office, the Prisoner |
Review Board, the Illinois Criminal Justice Information |
Authority, the Sentencing Policy Advisory Council, the Cook |
County State's Attorney, a State's Attorney selected by the |
President of the Illinois State's Attorneys Association, the |
Cook County Public Defender, and the State Appellate Defender. |
(c-5) The Department of Human Services shall provide |
administrative support for the Task Force. |
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(d) The Task Force's plans shall be released within one |
year of the effective date of this Act and shall at a minimum |
include: |
(1) A computerized method and design to allow each of |
the State and local agencies and branches of government |
which are part of the criminal justice system to share the |
results of the assessment. The recommendations for the |
automated system shall include cost estimates, a |
timetable, a plan to pay for the system and for sharing |
data across agencies and branches of government. |
(2) A selection of a common validated tool to be used |
across the system. |
(3) A description of the different points in the system |
at which the tool shall be used. |
(4) An implementation plan, including training and the |
selection of pilot sites to test the tool. |
(5) How often and in what intervals offenders will be |
reassessed. |
(6) How the results can be legally shared with |
non-governmental organizations that provide treatment and |
services to those under local supervision.
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Section 20. Adult Redeploy Illinois.
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(a) Purpose. When 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 |
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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 offenders who do not fall under the definition of |
violent offenders in order to increase public safety and |
encourage the successful local supervision of eligible |
offenders and their reintegration into the locality. |
(b) The Adult Redeploy Illinois program shall reallocate |
State funds to local jurisdictions that successfully establish |
a process to assess offenders and provide a continuum of |
locally based sanctions and treatment alternatives for |
offenders who would be incarcerated in a State facility if |
those local services and sanctions did not exist. 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. |
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(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 |
to State correctional facilities from that county or circuit, |
excluding violent offenders. 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 non-violent |
offenders. In return, the county or circuit shall receive, |
based upon a formula described in subsection (e), funds to |
redeploy for local programming for 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. |
(e) Adult Redeploy Illinois Oversight Board; members; |
responsibilities. |
(1) The Secretary of Human Services and the Director of |
Corrections shall within 3 months after the effective date |
of this Act 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 |
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State's Attorney; a State's Attorney selected by the |
President of the Illinois State's Attorneys Association; |
the State Appellate Defender; the Cook County Public |
Defender; 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. |
(2) The Oversight Board shall within one year after the |
effective date of this Act: |
(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) 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 |
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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.
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(I) Report annually the results of the performance |
measurements on a timely basis to the Governor and |
General Assembly.
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