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Public Act 100-0091
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| SB1343 Enrolled | LRB100 10074 RLC 20246 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 5. The Probation and Probation Officers Act is |
amended by changing Section 15 as follows:
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(730 ILCS 110/15) (from Ch. 38, par. 204-7)
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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:
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(a) establish qualifications for chief probation |
officers and other
probation and court services personnel |
as to hiring, promotion, and training.
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(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.
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(c) establish a means of verifying the conditions for |
reimbursement
under this Act and develop criteria for |
approved costs for reimbursement.
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(d) develop standards and approve employee |
compensation schedules for
probation and court services |
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departments.
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(e) employ sufficient personnel in the Division to |
carry out the
functions of the Division.
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(f) establish a system of training and establish |
standards for personnel
orientation and training.
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(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.
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(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
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duties.
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(i) review and approve annual plans submitted by
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Probation and Court
Services Departments.
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(j) monitor and evaluate all programs operated by
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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.
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(k) seek the cooperation of local and State government |
and private
agencies to improve the quality of probation |
and
court services.
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(l) where appropriate, establish programs and |
corresponding standards
designed to generally improve the |
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quality of
probation and court services
and reduce the rate |
of adult or juvenile offenders committed to the
Department |
of Corrections.
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(m) establish such other standards and regulations and |
do all acts
necessary to carry out the intent and purposes |
of this Act.
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The Division shall develop standards to implement the |
Domestic Violence Surveillance Program established under |
Section 5-8A-7 of the Unified Code of Corrections, including |
(i) procurement of equipment and other services necessary to |
implement the program and (ii) development of uniform standards |
for the delivery of the program through county probation |
departments, and develop standards for collecting data to |
evaluate the impact and costs of the Domestic Violence |
Surveillance Program. |
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.
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The Division shall establish training standards for |
continuing education of probation officers and supervisors and |
broaden access to available training programs. |
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.
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(2) (a) The chief judge of each circuit shall provide
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full-time probation services for all counties
within the |
circuit, in a
manner consistent with the annual probation plan,
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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.
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(b) The Chief Judge of each circuit shall appoint the Chief
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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.
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(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
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provided for in the approved annual plan and budget. After the |
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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,
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the annual plan, and standards for basic services.
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(4) The Division shall reimburse the county or counties for
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probation
services as follows:
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(a) 100% of the salary of all chief managing officers |
designated as such
by the Chief Judge and the division.
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(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
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supervision
programs and other basic services as defined in |
this Act.
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(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
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capacity, staff/resident ratio, physical plant and |
program.
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(d) $1,000 per month for salaries for the remaining
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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
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division standards.
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(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.
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(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,
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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.
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(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.
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(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. |
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Departments to be eligible for funding must
satisfy the |
following conditions:
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(a) The Department shall have on file with the Supreme
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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
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standards and regulations for Probation and Court
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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
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county must submit plans which are approved by the Supreme |
Court.
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(b) The annual probation plan shall seek to
generally |
improve the
quality of probation services and to reduce the
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commitment of adult offenders to the Department of |
Corrections and to reduce the
commitment of juvenile |
offenders to the Department of Juvenile Justice and shall |
require, when
appropriate, coordination with the |
Department of Corrections, the Department of Juvenile |
Justice, 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.
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(c) The Department shall be in compliance with |
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standards developed by the
Supreme Court for basic, new and |
expanded services, training, personnel
hiring and |
promotion.
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(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.
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(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:
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(a) The probation officer is a full-time
employee |
appointed by the Chief
Judge to provide probation services.
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(b) The probation officer, in order to be
eligible for |
State
reimbursement, is receiving a salary of at least |
$17,000 per year.
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(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,
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shall be exempted from the minimum requirements |
established by the Supreme
Court. Payments shall be made to |
counties employing these exempted
probation officers as |
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long as they are employed
in the position held on the
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effective date of this amendatory Act of 1985. Promotions |
shall be
governed by minimum qualifications established by |
the Supreme Court.
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(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
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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.
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(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 |
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a monthly basis by the amount of the current
salaries of any |
positions below the base amount.
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(9) Before the 15th day of each month, the treasurer of any |
county which
has a Probation and Court Services Department, or
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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
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Services under this Act to the Supreme Court.
The treasurer may |
also submit an itemized statement of all approved costs
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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.
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(10) The county treasurer must certify that funds received |
under this
Section shall be used solely to maintain and improve
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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 |
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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
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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
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including those required under
Section 13 of this Act. The |
Mandatory
Arbitration Fund may be used to provide for Probation |
Department expenses,
including those required under Section 13 |
of this Act.
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(11) The respective counties shall be responsible for |
capital and space
costs, fringe benefits, clerical costs, |
equipment, telecommunications,
postage, commodities and |
printing.
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(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
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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 |