Public Act 93-0576

SB1458 Enrolled                      LRB093 03568 RLC 03597 b

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Juvenile Court Act of 1987 is amended by
changing Section 6-1 as follows:

    (705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
    Sec. 6-1.  Probation departments; functions and duties.
    (1)  The chief judge of each circuit shall make provision
for probation services for each county in his or her circuit.
The  appointment  of  officers to probation or court services
departments and the administration of such departments  shall
be  governed by the provisions of the Probation and Probation
Officers Act.
    (2)  Every county or every group of counties constituting
a probation district  shall  maintain  a  court  services  or
probation   department  subject  to  the  provisions  of  the
Probation and Probation Officers Act.  For  the  purposes  of
this  Act, such a court services or probation department has,
but is not limited to, the following powers and duties:
         (a)  When authorized or directed by  the  court,  to
    receive,  investigate  and evaluate complaints indicating
    dependency, requirement  of  authoritative  intervention,
    addiction  or  delinquency within the meaning of Sections
    2-3, 2-4, 3-3, 4-3 or 5-105, respectively;  to  determine
    or  assist  the  complainant  in  determining  whether  a
    petition  should be filed under Sections 2-13, 3-15, 4-12
    or 5-520 or whether referral should be made to an agency,
    association or other person or whether some other  action
    is  advisable;  and  to  see  that the indicating filing,
    referral or other action is  accomplished.   However,  no
    such  investigation,  evaluation  or  supervision by such
    court services or probation department is to  occur  with
    regard  to complaints indicating only that a minor may be
    a chronic or habitual truant.
         (b)  When a petition is filed  under  Section  2-13,
    3-15,  4-15  or 5-520, to make pre-hearing investigations
    and formulate recommendations to the court when the court
    has authorized or directed the department to do so.
         (c)  To counsel and,  by  order  of  the  court,  to
    supervise  minors  referred  to  the  court;  to  conduct
    indicated  programs  of casework, including referrals for
    medical and mental health service,  organized  recreation
    and  job  placement  for  wards  of  the  court and, when
    appropriate, for members of the family of a ward; to  act
    as  liaison  officer  between  the  court and agencies or
    associations to which  minors  are  referred  or  through
    which  they  are  placed;  when so appointed, to serve as
    guardian of the person of a ward of the court; to provide
    probation supervision and protective supervision  ordered
    by  the  court; and to provide like services to wards and
    probationers of courts in other counties or jurisdictions
    who have lawfully become local residents.
         (d)  To arrange for  placements  pursuant  to  court
    order.
         (e)  To  assume  administrative  responsibility  for
    such  detention,  shelter care and other institutions for
    minors as the court may operate.
         (f)  To maintain an adequate system of case records,
    statistical records, and  financial  records  related  to
    juvenile  detention  and shelter care and to make reports
    to the court and other authorized  persons,  and  to  the
    Supreme  Court  pursuant  to  the Probation and Probation
    Officers Act.
         (g)  To  perform  such  other  services  as  may  be
    appropriate to effectuate the purposes of this Act or  as
    may  be  directed  by  any order of court made under this
    Act.
    (3)  The court services or probation  department  in  any
probation  district  or  county  having  less  than 1,000,000
inhabitants, or any  personnel  of  the  department,  may  be
required by the circuit court to render services to the court
in other matters as well as proceedings under this Act.
    (4)  In  any  county  or  probation district, a probation
department may be established as a  separate  division  of  a
more   inclusive  department  of  court  services,  with  any
appropriate divisional designation.  The organization of  any
such  department  of  court  services  and the appointment of
officers and other personnel must comply with  the  Probation
and Probations Officers Act.
    (5)  For  purposes  of  this Act only, probation officers
appointed to probation or court services departments shall be
considered peace officers.  In the exercise of their official
duties, probation officers,  sheriffs,  and  police  officers
may,  anywhere  within  the State, arrest any minor who is in
violation of any of the conditions of his or  her  probation,
continuance  under  supervision, or informal supervision, and
it shall be the duty of the officer making the arrest to take
the minor before the court having jurisdiction over the minor
for further action.
(Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)

    Section 6.  The Criminal  Code  of  1961  is  amended  by
changing Section 24-2 as follows:

    (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
    Sec. 24-2.  Exemptions.
    (a)  Subsections  24-1(a)(3),  24-1(a)(4) and 24-1(a)(10)
and Section 24-1.6 do not apply  to  or  affect  any  of  the
following:
         (1)  Peace  officers,  and  any person summoned by a
    peace officer to assist in making arrests  or  preserving
    the  peace,  while  actually  engaged  in  assisting such
    officer.
         (2)  Wardens,   superintendents   and   keepers   of
    prisons, penitentiaries, jails and other institutions for
    the detention of  persons  accused  or  convicted  of  an
    offense, while in the performance of their official duty,
    or  while  commuting  between  their  homes and places of
    employment.
         (3)  Members of the Armed Services or Reserve Forces
    of the United States or the Illinois  National  Guard  or
    the   Reserve  Officers  Training  Corps,  while  in  the
    performance of their official duty.
         (4)  Special agents employed  by  a  railroad  or  a
    public utility to perform police functions, and guards of
    armored  car  companies,  while  actually  engaged in the
    performance  of  the  duties  of  their   employment   or
    commuting  between  their homes and places of employment;
    and watchmen while actually engaged in the performance of
    the duties of their employment.
         (5)  Persons   licensed    as    private    security
    contractors,   private   detectives,   or  private  alarm
    contractors, or employed by an agency  certified  by  the
    Department  of  Professional  Regulation, if their duties
    include the carrying of a weapon under the provisions  of
    the   Private   Detective,  Private  Alarm,  and  Private
    Security Act of  1983,  while  actually  engaged  in  the
    performance   of   the  duties  of  their  employment  or
    commuting between their homes and places  of  employment,
    provided  that  such commuting is accomplished within one
    hour from departure from home or place of employment,  as
    the case may be.  Persons exempted under this subdivision
    (a)(5)  shall  be required to have completed  a course of
    study in firearms  handling  and  training  approved  and
    supervised  by  the Department of Professional Regulation
    as prescribed by Section 28  of  the  Private  Detective,
    Private Alarm, and Private Security Act of 1983, prior to
    becoming  eligible for this exemption.  The Department of
    Professional   Regulation    shall    provide    suitable
    documentation  demonstrating the successful completion of
    the prescribed  firearms  training.   Such  documentation
    shall  be  carried  at all times when such persons are in
    possession of a concealable weapon.
         (6)  Any person regularly employed in  a  commercial
    or  industrial  operation  as  a  security  guard for the
    protection  of  persons  employed  and  private  property
    related to such commercial or industrial operation, while
    actually engaged in the performance of his or her duty or
    traveling between sites or properties  belonging  to  the
    employer,  and who, as a security guard, is a member of a
    security force of at least 5 persons registered with  the
    Department of Professional Regulation; provided that such
    security  guard  has  successfully  completed a course of
    study, approved by and supervised by  the  Department  of
    Professional  Regulation,  consisting of not less than 40
    hours  of  training  that  includes  the  theory  of  law
    enforcement, liability for  acts,  and  the  handling  of
    weapons.   A person shall be considered eligible for this
    exemption if he or she  has  completed  the  required  20
    hours  of training for a security officer and 20 hours of
    required firearm training, and has been issued a  firearm
    authorization  card  by  the  Department  of Professional
    Regulation.   Conditions  for  the  renewal  of   firearm
    authorization  cards  issued under the provisions of this
    Section shall be the same as for those cards issued under
    the provisions of the Private  Detective,  Private  Alarm
    and   Private   Security   Act  of  1983.   Such  firearm
    authorization card shall be carried by the security guard
    at all times when  he  or  she  is  in  possession  of  a
    concealable weapon.
         (7)  Agents   and   investigators  of  the  Illinois
    Legislative Investigating Commission  authorized  by  the
    Commission  to carry the weapons specified in subsections
    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
    any investigation for the Commission.
         (8)  Persons employed by a financial institution for
    the protection of other employees and property related to
    such financial institution, while actually engaged in the
    performance of  their  duties,  commuting  between  their
    homes  and  places  of  employment,  or traveling between
    sites or properties owned or operated by  such  financial
    institution,  provided  that  any  person so employed has
    successfully completed a course of study, approved by and
    supervised by the Department of Professional  Regulation,
    consisting  of  not  less than 40 hours of training which
    includes theory of law enforcement, liability  for  acts,
    and the handling of weapons. A person shall be considered
    to  be  eligible  for  this  exemption  if  he or she has
    completed  the  required  20  hours  of  training  for  a
    security  officer  and  20  hours  of  required   firearm
    training,  and  has  been  issued a firearm authorization
    card  by  the  Department  of  Professional   Regulation.
    Conditions  for  renewal  of  firearm authorization cards
    issued under the provisions of this Section shall be  the
    same  as  for  those  issued  under the provisions of the
    Private Detective, Private Alarm and Private Security Act
    of  1983.   Such  firearm  authorization  card  shall  be
    carried by the person so trained at all times  when  such
    person  is  in  possession  of a concealable weapon.  For
    purposes  of  this  subsection,  "financial  institution"
    means a bank, savings and loan association, credit  union
    or company providing armored car services.
         (9)  Any  person  employed by an armored car company
    to drive an armored car, while actually  engaged  in  the
    performance of his duties.
         (10)  Persons  who  have  been  classified  as peace
    officers pursuant to the Peace Officer Fire Investigation
    Act.
         (11)  Investigators of the  Office  of  the  State's
    Attorneys Appellate Prosecutor authorized by the board of
    governors   of   the  Office  of  the  State's  Attorneys
    Appellate Prosecutor to carry weapons pursuant to Section
    7.06 of the State's Attorneys Appellate Prosecutor's Act.
         (12)  Special investigators appointed by  a  State's
    Attorney under Section 3-9005 of the Counties Code.
         (12.5)  Probation  officers while in the performance
    of their duties, or while commuting between their  homes,
    places  of employment or specific locations that are part
    of their assigned duties, with the consent of  the  chief
    judge of the circuit for which they are employed.
         (13)  Court   Security   Officers   while   in   the
    performance  of their official duties, or while commuting
    between their homes and places of  employment,  with  the
    consent of the Sheriff.
         (13.5)  A person employed as an armed security guard
    at a nuclear energy, storage, weapons or development site
    or   facility   regulated   by   the  Nuclear  Regulatory
    Commission who has completed the background screening and
    training mandated by the rules  and  regulations  of  the
    Nuclear Regulatory Commission.
         (14)  Manufacture,   transportation,   or   sale  of
    weapons to  persons  authorized  under  subdivisions  (1)
    through  (13.5)  of  this  subsection  to  possess  those
    weapons.
    (b)  Subsections  24-1(a)(4)  and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
         (1)  Members of any club or  organization  organized
    for  the  purpose  of practicing shooting at targets upon
    established target ranges, whether public or private, and
    patrons of such ranges, while such members or patrons are
    using their firearms on those target ranges.
         (2)  Duly authorized military or civil organizations
    while  parading,  with  the  special  permission  of  the
    Governor.
         (3)  Hunters, trappers or fishermen with  a  license
    or permit while engaged in hunting, trapping or fishing.
         (4)  Transportation  of weapons that are broken down
    in  a  non-functioning  state  or  are  not   immediately
    accessible.
    (c)  Subsection  24-1(a)(7)  does  not apply to or affect
any of the following:
         (1)  Peace officers while in  performance  of  their
    official duties.
         (2)  Wardens,   superintendents   and   keepers   of
    prisons, penitentiaries, jails and other institutions for
    the  detention  of  persons  accused  or  convicted of an
    offense.
         (3)  Members of the Armed Services or Reserve Forces
    of the United States  or  the  Illinois  National  Guard,
    while in the performance of their official duty.
         (4)  Manufacture, transportation, or sale of machine
    guns to persons authorized under subdivisions (1) through
    (3)  of  this  subsection to possess machine guns, if the
    machine guns are broken down in a  non-functioning  state
    or are not immediately accessible.
         (5)  Persons   licensed   under   federal   law   to
    manufacture  any  weapon  from  which  8 or more shots or
    bullets can be discharged by a  single  function  of  the
    firing  device,  or  ammunition  for  such  weapons,  and
    actually  engaged  in  the business of manufacturing such
    weapons  or  ammunition,  but  only   with   respect   to
    activities  which  are  within  the  lawful scope of such
    business, such as  the  manufacture,  transportation,  or
    testing  of  such  weapons or ammunition.  This exemption
    does not authorize the general private possession of  any
    weapon  from  which  8  or  more  shots or bullets can be
    discharged by a single function of the firing device, but
    only such possession and activities  as  are  within  the
    lawful   scope   of  a  licensed  manufacturing  business
    described in this paragraph.
         During transportation, such weapons shall be  broken
    down  in  a  non-functioning  state  or  not  immediately
    accessible.
         (6)  The  manufacture, transport, testing, delivery,
    transfer  or  sale,  and   all   lawful   commercial   or
    experimental  activities  necessary  thereto,  of rifles,
    shotguns, and weapons made from rifles  or  shotguns,  or
    ammunition  for  such  rifles, shotguns or weapons, where
    engaged in by a  person  operating  as  a  contractor  or
    subcontractor  pursuant  to a contract or subcontract for
    the development and  supply  of  such  rifles,  shotguns,
    weapons  or ammunition to the United States government or
    any branch of the Armed Forces of the United States, when
    such activities are necessary and incident to  fulfilling
    the terms of such contract.
         The  exemption granted under this subdivision (c)(6)
    shall also apply to any  authorized  agent  of  any  such
    contractor  or  subcontractor who is operating within the
    scope of his employment, where such activities  involving
    such  weapon,  weapons  or  ammunition  are necessary and
    incident to fulfilling the terms of such contract.
         During transportation,  any  such  weapon  shall  be
    broken   down   in   a   non-functioning  state,  or  not
    immediately accessible.
    (d)  Subsection  24-1(a)(1)  does  not   apply   to   the
purchase,   possession   or   carrying  of  a  black-jack  or
slung-shot by a peace officer.
    (e)  Subsection 24-1(a)(8) does not apply to  any  owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
    (f)  Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section  24-1.6  do  not  apply  to  members  of  any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public  or
private, while using their firearms on those target ranges.
    (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
apply to:
         (1)  Members of the Armed Services or Reserve Forces
    of  the  United  States  or  the Illinois National Guard,
    while in the performance of their official duty.
         (2)  Bonafide  collectors  of  antique  or   surplus
    military ordinance.
         (3)  Laboratories  having  a  department of forensic
    ballistics,  or  specializing  in  the   development   of
    ammunition or explosive ordinance.
         (4)  Commerce,  preparation,  assembly or possession
    of  explosive  bullets  by  manufacturers  of  ammunition
    licensed by the federal government,  in  connection  with
    the supply of those organizations and persons exempted by
    subdivision (g)(1) of this Section, or like organizations
    and  persons outside this State, or the transportation of
    explosive bullets to any organization or person  exempted
    in this Section by a common carrier or by a vehicle owned
    or leased by an exempted manufacturer.
    (h)  An  information or indictment based upon a violation
of any subsection of  this  Article  need  not  negative  any
exemptions  contained  in  this Article.  The defendant shall
have the burden of proving such an exemption.
    (i)  Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or  possession,  of  any
pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
consigned  to a common carrier operating under license of the
State of Illinois  or  the  federal  government,  where  such
transportation,  carrying,  or  possession is incident to the
lawful  transportation  in  which  such  common  carrier   is
engaged;  and  nothing  in this Article shall prohibit, apply
to, or affect the transportation, carrying, or possession  of
any  pistol, revolver, stun gun, taser, or other firearm, not
the subject of and  regulated  by  subsection  24-1(a)(7)  or
subsection  24-2(c)  of  this  Article, which is unloaded and
enclosed in a case, firearm carrying box,  shipping  box,  or
other  container,  by the possessor of a valid Firearm Owners
Identification Card.
(Source: P.A. 91-287,  eff.  1-1-00;  91-690,  eff.  4-13-00;
92-325, eff. 8-9-01.)

    Section  10.  The Probation and Probation Officers Act is
amended by changing Section 15 as follows:

    (730 ILCS 110/15) (from Ch. 38, par. 204-7)
    Sec. 15.  (1) The Supreme Court of Illinois may establish
a Division of Probation Services whose purpose shall  be  the
development,  establishment, promulgation, and enforcement of
uniform standards for probation services in this  State,  and
to  otherwise carry out the intent of this Act.  The Division
may:
         (a)  establish qualifications  for  chief  probation
    officers and other probation and court services personnel
    as to hiring, promotion, and training.
         (b)  make  available,  on  a  timely basis, lists of
    those   applicants   whose   qualifications   meet    the
    regulations  referred  to herein, including on said lists
    all candidates found qualified.
         (c)  establish a means of verifying  the  conditions
    for reimbursement under this Act and develop criteria for
    approved costs for reimbursement.
         (d)  develop    standards   and   approve   employee
    compensation schedules for probation and  court  services
    departments.
         (e)  employ  sufficient personnel in the Division to
    carry out the functions of the Division.
         (f)  establish a system of  training  and  establish
    standards for personnel orientation and training.
         (g)  develop   standards  for  a  system  of  record
    keeping  for  cases  and  programs,  gather   statistics,
    establish a system of uniform forms, and develop research
    for planning of Probation Services.
         (h)  develop  standards  to  assure adequate support
    personnel, office space, equipment and  supplies,  travel
    expenses,   and   other  essential  items  necessary  for
    Probation and Court Services  Departments  to  carry  out
    their duties.
         (i)  review  and  approve  annual plans submitted by
    Probation and Court Services Departments.
         (j)  monitor and evaluate all programs  operated  by
    Probation and Court Services Departments, and may include
    in  the  program  evaluation criteria such factors as the
    percentage of Probation sentences for felons convicted of
    Probationable offenses.
         (k)  seek  the  cooperation  of  local   and   State
    government and private agencies to improve the quality of
    probation and court services.
         (l)  where   appropriate,   establish  programs  and
    corresponding standards designed to generally improve the
    quality of probation and court services  and  reduce  the
    rate  of  adult  or  juvenile  offenders committed to the
    Department of Corrections.
         (m)  establish such other standards and  regulations
    and  do  all  acts  necessary to carry out the intent and
    purposes of this Act.
    The Division shall establish a model list  of  structured
intermediate  sanctions  that  may  be imposed by a probation
agency for violations of terms and conditions of  a  sentence
of probation, conditional discharge, or supervision.
    The  State  of  Illinois  shall  provide for the costs of
personnel, travel,  equipment,  telecommunications,  postage,
commodities,  printing, space, contractual services and other
related costs necessary to carry out the intent of this Act.
    (2) (a)  The chief judge of each  circuit  shall  provide
full-time  probation  services  for  all  counties within the
circuit, in a manner consistent  with  the  annual  probation
plan, the standards, policies, and regulations established by
the  Supreme  Court.  A  probation  district  of  two or more
counties within a circuit may be created for the purposes  of
providing full-time probation services. Every county or group
of  counties  within  a  circuit  shall  maintain a probation
department which shall be under the authority  of  the  Chief
Judge  of  the  circuit or some other judge designated by the
Chief Judge. The Chief Judge, through the Probation and Court
Services Department shall submit annual plans to the Division
for probation and related services.
    (b)  The Chief Judge of each circuit  shall  appoint  the
Chief  Probation Officer and all other probation officers for
his  or  her  circuit  from  lists  of  qualified  applicants
supplied by the Supreme Court. Candidates for chief  managing
officer and other probation officer positions must apply with
both the Chief Judge of the circuit and the Supreme Court.
    (3)  A Probation and Court Service Department shall apply
to  the  Supreme  Court for funds for basic services, and may
apply  for  funds  for   new   and   expanded   programs   or
Individualized   Services   and   Programs.  Costs  shall  be
reimbursed monthly based on a plan and budget approved by the
Supreme Court. No Department  may  be  reimbursed  for  costs
which  exceed  or are not provided for in the approved annual
plan and budget. After the effective date of this  amendatory
Act  of  1985,  each  county  must  provide basic services in
accordance with the annual plan and standards created by  the
division. No department may receive funds for new or expanded
programs  or individualized services and programs unless they
are in compliance with standards as enumerated  in  paragraph
(h)  of  subsection (1) of this Section, the annual plan, and
standards for basic services.
    (4)  The Division shall reimburse the county or  counties
for probation services as follows:
         (a)  100%  of  the  salary  of  all  chief  managing
    officers  designated  as  such by the Chief Judge and the
    division.
         (b)  100% of the salary for  all  probation  officer
    and  supervisor  positions  approved for reimbursement by
    the division  after  April  1,  1984,  to  meet  workload
    standards   and   to  implement  intensive  sanction  and
    probation supervision programs and other  basic  services
    as defined in this Act.
         (c)  100%  of  the  salary  for all secure detention
    personnel and non-secure group  home  personnel  approved
    for  reimbursement  after  December 1, 1990. For all such
    positions approved for reimbursement before  December  1,
    1990,  the  counties shall be reimbursed $1,250 per month
    beginning July 1, 1995, and an additional $250 per  month
    beginning  each  July  1st thereafter until the positions
    receive 100% salary  reimbursement.  Allocation  of  such
    positions  will  be based on comparative need considering
    capacity,  staff/resident  ratio,  physical   plant   and
    program.
         (d)  $1,000 per month for salaries for the remaining
    probation officer positions engaged in basic services and
    new  or  expanded  services.  All such positions shall be
    approved by the division in accordance with this Act  and
    division standards.
         (e)  100%  of the travel expenses in accordance with
    Division standards for all Probation  positions  approved
    under paragraph (b) of subsection 4 of this Section.
         (f)  If the amount of funds reimbursed to the county
    under  paragraphs (a) through (e) of subsection 4 of this
    Section on an annual basis is less than  the  amount  the
    county   had   received   during   the  12  month  period
    immediately  prior  to  the  effective   date   of   this
    amendatory Act of 1985, then the Division shall reimburse
    the amount of the difference to the county. The effect of
    paragraph  (b)  of  subsection 7 of this Section shall be
    considered    in    implementing    this     supplemental
    reimbursement provision.
    (5)  The  Division shall provide funds beginning on April
1, 1987 for the counties to provide  Individualized  Services
and Programs as provided in Section 16 of this Act.
    (6)  A  Probation  and Court Services Department in order
to be eligible for  the  reimbursement  must  submit  to  the
Supreme  Court an application containing such information and
in such a form and by such dates as  the  Supreme  Court  may
require.  Departments to be eligible for funding must satisfy
the following conditions:
         (a)  The Department shall  have  on  file  with  the
    Supreme  Court  an  annual Probation plan for continuing,
    improved, and new Probation and Court  Services  Programs
    approved  by the Supreme Court or its designee. This plan
    shall indicate the manner in which  Probation  and  Court
    Services  will be delivered and improved, consistent with
    the minimum standards and regulations for  Probation  and
    Court  Services,  as established by the Supreme Court. In
    counties with more than one Probation and Court  Services
    Department  eligible  to  receive  funds, all Departments
    within that county must submit plans which  are  approved
    by the Supreme Court.
         (b)  The   annual   probation  plan  shall  seek  to
    generally improve the quality of probation  services  and
    to  reduce the commitment of adult and juvenile offenders
    to the Department of Corrections and shall require,  when
    appropriate,   coordination   with   the   Department  of
    Corrections and the Department  of  Children  and  Family
    Services   in   the  development  and  use  of  community
    resources,   information   systems,   case   review   and
    permanency planning systems to avoid the  duplication  of
    services.
         (c)  The  Department  shall  be  in  compliance with
    standards developed by the Supreme Court for  basic,  new
    and  expanded  services,  training,  personnel hiring and
    promotion.
         (d)  The  Department  shall  in  its   annual   plan
    indicate  the  manner in which it will support the rights
    of crime victims and in which manner  it  will  implement
    Article  I,  Section 8.1 of the Illinois Constitution and
    in what manner it will coordinate crime victims'  support
    services  with other criminal justice agencies within its
    jurisdiction, including but not limited to,  the  State's
    Attorney,   the   Sheriff   and   any   municipal  police
    department.
    (7)  No statement shall be verified by the Supreme  Court
or  its  designee or vouchered by the Comptroller unless each
of the following conditions have been met:
         (a)  The probation officer is a  full-time  employee
    appointed   by  the  Chief  Judge  to  provide  probation
    services.
         (b)  The probation officer, in order to be  eligible
    for  State  reimbursement,  is  receiving  a salary of at
    least $17,000 per year.
         (c)  The  probation  officer  is  appointed  or  was
    reappointed in accordance with minimum qualifications  or
    criteria  established  by the Supreme Court; however, all
    probation officers appointed prior to  January  1,  1978,
    shall   be   exempted   from   the  minimum  requirements
    established by the Supreme Court. Payments shall be  made
    to  counties  employing these exempted probation officers
    as long as they are employed in the position held on  the
    effective   date   of   this   amendatory  Act  of  1985.
    Promotions shall be governed  by  minimum  qualifications
    established by the Supreme Court.
         (d)  The  Department has an established compensation
    schedule approved by the Supreme Court. The  compensation
    schedule  shall  include  salary  ranges  with  necessary
    increments  to  compensate  each employee. The increments
    shall, within the salary ranges, be based on such factors
    as bona fide  occupational  qualifications,  performance,
    and  length  of  service. Each position in the Department
    shall be placed on the compensation schedule according to
    job duties and responsibilities  of  such  position.  The
    policy  and procedures of the compensation schedule shall
    be made available to each employee.
    (8)  In  order  to  obtain  full  reimbursement  of   all
approved  costs,  each  Department must continue to employ at
least the same number of  probation  officers  and  probation
managers  as  were  authorized  for employment for the fiscal
year which includes January 1, 1985.  This  number  shall  be
designated as the base amount of the Department. No positions
approved  by the Division under paragraph (b) of subsection 4
will be included in the base amount. In the  event  that  the
Department  employs  fewer  Probation  officers and Probation
managers than the base  amount  for  a  period  of  90  days,
funding received by the Department under subsection 4 of this
Section  may  be  reduced on a monthly basis by the amount of
the current salaries of any positions below the base amount.
    (9)  Before the 15th day of each month, the treasurer  of
any   county   which  has  a  Probation  and  Court  Services
Department, or the treasurer of the most populous county,  in
the  case  of a Probation or Court Services Department funded
by more than one county, shall submit an  itemized  statement
of  all  approved  costs  incurred  in  the delivery of Basic
Probation and Court Services under this Act  to  the  Supreme
Court. The treasurer may also submit an itemized statement of
all  approved  costs  incurred  in  the  delivery  of new and
expanded  Probation   and   Court   Services   as   well   as
Individualized  Services  and  Programs. The Supreme Court or
its designee shall verify compliance with  this  Section  and
shall  examine  and  audit  the  monthly  statement and, upon
finding them  to  be  correct,  shall  forward  them  to  the
Comptroller  for payment to the county treasurer. In the case
of payment to a treasurer of  a  county  which  is  the  most
populous  of  counties  sharing  the salary and expenses of a
Probation and Court Services Department, the treasurer  shall
divide  the  money  between  the  counties  in  a manner that
reflects each county's share of  the  cost  incurred  by  the
Department.
    (10)  The   county  treasurer  must  certify  that  funds
received under this Section shall be used solely to  maintain
and  improve  Probation  and  Court  Services.  The county or
circuit  shall  remain  in  compliance  with  all  standards,
policies and regulations established by the Supreme Court. If
at any time the Supreme Court determines  that  a  county  or
circuit  is  not  in  compliance,  the  Supreme  Court  shall
immediately notify the Chief Judge, county board chairman and
the  Director  of  Court Services Chief Probation Officer. If
after 90 days  of  written  notice  the  noncompliance  still
exists,  the  Supreme  Court  shall be required to reduce the
amount of monthly reimbursement by  10%.  An  additional  10%
reduction  of  monthly  reimbursement  shall  occur  for each
consecutive month of noncompliance.  Except  as  provided  in
subsection  5  of  Section  15,  funding  to  counties  shall
commence  on  April  1,  1986.  Funds received under this Act
shall be used to provide for  Probation  Department  expenses
including those required under Section 13 of this Act.
    (11)  The  respective  counties  shall be responsible for
capital and space costs,  fringe  benefits,  clerical  costs,
equipment,   telecommunications,   postage,  commodities  and
printing.
    (12)  For purposes of this Act only,  probation  officers
shall be considered peace officers.  In the exercise of their
official  duties,.  probation  officers, sheriffs, and police
officers  may,  anywhere  within  the   State,   arrest   any
probationer  who  is in violation of any of the conditions of
his or her probation, conditional discharge, or  supervision,
and  it shall be the duty of the officer making the arrest to
take  the  said   probationer   before   the   Court   having
jurisdiction over the probationer him for further order.
(Source:  P.A.  89-198,  eff.  7-21-95; 89-390, eff. 8-20-95;
89-626, eff. 8-9-96.)

Effective Date: 1/1/2004