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Public Act 096-0761


 

Public Act 0761 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0761
 
SB1289 Enrolled LRB096 03761 RLC 13791 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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
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.
        (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
    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.
 
    Section 10. Evidence-Based Programming.
    (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
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:
                (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.
                (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.
                (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
            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
    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).
            (B) Provide for the use of evidence-based
        programming related to education, job training,
        cognitive behavioral therapy and other evidence-based
        programming.
            (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
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.
    (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.
 
    Section 15. Adoption, validation, and utilization of an
assessment tool.
    (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
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.
    (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.
 
    Section 20. Adult Redeploy Illinois.
    (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
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.
    (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
    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
        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.

Effective Date: 1/1/2010