Public Act 100-0999
 
SB3388 EnrolledLRB100 20812 RLC 36303 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Illinois Crime Reduction Act of 2009 is 
amended  by changing Sections 5 and  20 as follows:
 
    (730 ILCS 190/5)

    Sec. 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.
        (6.5)  "Offender"  means a person charged with or 
    convicted of a probation-eligible offense. 
        (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)       (Blank). "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.



(Source: P.A. 96-761, eff. 1-1-10.)
 
    (730 ILCS 190/20)

    Sec. 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 probation-eligible 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 
of probation-eligible offenders 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.

(Source: P.A. 96-761, eff. 1-1-10.)