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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
5 | changing Sections 5-410 and 5-415 and by adding Section 5-420 | ||||||
6 | as follows:
| ||||||
7 | (705 ILCS 405/5-410)
| ||||||
8 | Sec. 5-410. Non-secure custody or detention.
| ||||||
9 | (1) Any minor arrested or taken into custody pursuant to | ||||||
10 | this Act who
requires care away from his or her home but who | ||||||
11 | does not require physical
restriction shall be given temporary | ||||||
12 | care in a foster family home or other
shelter facility | ||||||
13 | designated by the court.
| ||||||
14 | (2) (a) Any minor 10 years of age or older arrested
| ||||||
15 | pursuant to this Act where there is probable cause to believe | ||||||
16 | that the minor
is a delinquent minor and that
(i) secured | ||||||
17 | custody is a matter of immediate and urgent necessity for the
| ||||||
18 | protection of the minor or of the person or property of | ||||||
19 | another, (ii) the minor
is likely to flee the jurisdiction of | ||||||
20 | the court, or (iii) the minor was taken
into custody under a | ||||||
21 | warrant, may be kept or detained in an authorized
detention | ||||||
22 | facility. A minor under 13 years of age shall not be admitted, | ||||||
23 | kept, or detained in a detention facility unless a local youth |
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| |||||||
1 | service provider, including a provider through the | ||||||
2 | Comprehensive Community Based Youth Services network, has been | ||||||
3 | contacted and has not been able to accept the minor. No minor | ||||||
4 | under 12 years of age shall be detained in a
county jail or a | ||||||
5 | municipal lockup for more than 6 hours.
| ||||||
6 | (b) The written authorization of the probation officer or | ||||||
7 | detention officer
(or other public officer designated by the | ||||||
8 | court in a county having
3,000,000 or more inhabitants) | ||||||
9 | constitutes authority for the superintendent of
any juvenile | ||||||
10 | detention home to detain and keep a minor for up to 48 40 | ||||||
11 | hours ,
excluding Saturdays, Sundays and court-designated | ||||||
12 | holidays . These
records shall be available to the same persons | ||||||
13 | and pursuant to the same
conditions as are law enforcement | ||||||
14 | records as provided in Section 5-905.
| ||||||
15 | (b-4) The consultation required by subsection (b-5) shall | ||||||
16 | not be applicable
if the probation officer or detention officer | ||||||
17 | (or other public officer
designated
by the court in a
county | ||||||
18 | having 3,000,000 or more inhabitants) utilizes a scorable | ||||||
19 | detention
screening instrument, which has been developed with | ||||||
20 | input by the State's
Attorney, to
determine whether a minor | ||||||
21 | should be detained, however, subsection (b-5) shall
still be | ||||||
22 | applicable where no such screening instrument is used or where | ||||||
23 | the
probation officer, detention officer (or other public | ||||||
24 | officer designated by the
court in a county
having 3,000,000 or | ||||||
25 | more inhabitants) deviates from the screening instrument.
| ||||||
26 | On and after January 1, 2019, a detention screening |
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| |||||||
1 | instrument shall be used for referrals to all authorized | ||||||
2 | juvenile detention facilities in this State prior to a judicial | ||||||
3 | hearing. The detention screening instrument shall be developed | ||||||
4 | and validated by the Probation Division of the Administrative | ||||||
5 | Office of the Illinois Courts, as provided in Section 15 of the | ||||||
6 | Probation and Probation Officers Act, and subject to approval | ||||||
7 | by the Chief Judge of each Circuit. | ||||||
8 | (b-5) Subject to the provisions of subsection (b-4), if a | ||||||
9 | probation officer
or detention officer
(or other public officer | ||||||
10 | designated by
the court in a county having 3,000,000 or more | ||||||
11 | inhabitants) does not intend to
detain a minor for an offense | ||||||
12 | which constitutes one of the following offenses
he or she shall | ||||||
13 | consult with the State's Attorney's Office prior to the release
| ||||||
14 | of the minor: first degree murder, second degree murder, | ||||||
15 | involuntary
manslaughter, criminal sexual assault, aggravated | ||||||
16 | criminal sexual assault,
aggravated battery with a firearm as | ||||||
17 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||||||
18 | (e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous | ||||||
19 | battery involving
permanent disability or disfigurement or | ||||||
20 | great bodily harm, robbery, aggravated
robbery, armed robbery, | ||||||
21 | vehicular hijacking, aggravated vehicular hijacking,
vehicular | ||||||
22 | invasion, arson, aggravated arson, kidnapping, aggravated | ||||||
23 | kidnapping,
home invasion, burglary, or residential burglary.
| ||||||
24 | (c) Except as otherwise provided in paragraph (a), (d), or | ||||||
25 | (e), no minor
shall
be detained in a county jail or municipal | ||||||
26 | lockup for more than 12 hours, unless
the offense is a crime of |
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| |||||||
1 | violence in which case the minor may be detained up
to 24 | ||||||
2 | hours. For the purpose of this paragraph, "crime of violence" | ||||||
3 | has the
meaning
ascribed to it in Section 1-10 of the | ||||||
4 | Alcoholism and Other Drug Abuse and
Dependency Act.
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5 | (i) The
period of detention is deemed to have begun | ||||||
6 | once the minor has been placed in a
locked room or cell or | ||||||
7 | handcuffed to a stationary object in a building housing
a | ||||||
8 | county jail or municipal lockup. Time spent transporting a | ||||||
9 | minor is not
considered to be time in detention or secure | ||||||
10 | custody.
| ||||||
11 | (ii) Any minor so
confined shall be under periodic | ||||||
12 | supervision and shall not be permitted to come
into or | ||||||
13 | remain in contact with adults in custody in the building.
| ||||||
14 | (iii) Upon
placement in secure custody in a jail or | ||||||
15 | lockup, the
minor shall be informed of the purpose of the | ||||||
16 | detention, the time it is
expected to last and the fact | ||||||
17 | that it cannot exceed the time specified under
this Act.
| ||||||
18 | (iv) A log shall
be kept which shows the offense which | ||||||
19 | is the basis for the detention, the
reasons and | ||||||
20 | circumstances for the decision to detain and the length of | ||||||
21 | time the
minor was in detention.
| ||||||
22 | (v) Violation of the time limit on detention
in a | ||||||
23 | county jail or municipal lockup shall not, in and of | ||||||
24 | itself, render
inadmissible evidence obtained as a result | ||||||
25 | of the violation of this
time limit. Minors under 18 years | ||||||
26 | of age shall be kept separate from confined
adults and may |
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1 | not at any time be kept in the same cell, room or yard with
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2 | adults confined pursuant to criminal law. Persons 18 years | ||||||
3 | of age and older
who have a petition of delinquency filed | ||||||
4 | against them may be
confined in an
adult detention | ||||||
5 | facility.
In making a determination whether to confine a | ||||||
6 | person 18 years of age or
older
who has a petition of | ||||||
7 | delinquency filed against the person, these factors,
among | ||||||
8 | other matters, shall be considered:
| ||||||
9 | (A) The age of the person;
| ||||||
10 | (B) Any previous delinquent or criminal history of | ||||||
11 | the person;
| ||||||
12 | (C) Any previous abuse or neglect history of the | ||||||
13 | person; and
| ||||||
14 | (D) Any mental health or educational history of the | ||||||
15 | person, or both.
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16 | (d) (i) If a minor 12 years of age or older is confined in a | ||||||
17 | county jail
in a
county with a population below 3,000,000 | ||||||
18 | inhabitants, then the minor's
confinement shall be implemented | ||||||
19 | in such a manner that there will be no contact
by sight, sound | ||||||
20 | or otherwise between the minor and adult prisoners. Minors
12 | ||||||
21 | years of age or older must be kept separate from confined | ||||||
22 | adults and may not
at any time
be kept in the same cell, room, | ||||||
23 | or yard with confined adults. This paragraph
(d)(i) shall only | ||||||
24 | apply to confinement pending an adjudicatory hearing and
shall | ||||||
25 | not exceed 48 40 hours , excluding Saturdays, Sundays and court | ||||||
26 | designated
holidays . To accept or hold minors during this time |
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1 | period, county jails shall
comply with all monitoring standards | ||||||
2 | adopted by the Department of
Corrections and training standards | ||||||
3 | approved by the Illinois Law Enforcement
Training Standards | ||||||
4 | Board.
| ||||||
5 | (ii) To accept or hold minors, 12 years of age or older, | ||||||
6 | after the time
period
prescribed in paragraph (d)(i) of this | ||||||
7 | subsection (2) of this Section but not
exceeding 7 days | ||||||
8 | including Saturdays, Sundays and holidays pending an
| ||||||
9 | adjudicatory hearing, county jails shall comply with all | ||||||
10 | temporary detention
standards adopted by the Department of | ||||||
11 | Corrections and training standards
approved by the Illinois Law | ||||||
12 | Enforcement Training Standards Board.
| ||||||
13 | (iii) To accept or hold minors 12 years of age or older, | ||||||
14 | after the time
period prescribed in paragraphs (d)(i) and | ||||||
15 | (d)(ii) of this subsection (2) of
this
Section, county jails | ||||||
16 | shall comply with all county juvenile detention standards | ||||||
17 | adopted by the Department of Juvenile Justice.
| ||||||
18 | (e) When a minor who is at least 15 years of age is | ||||||
19 | prosecuted under the
criminal laws of this State,
the court may | ||||||
20 | enter an order directing that the juvenile be confined
in the | ||||||
21 | county jail. However, any juvenile confined in the county jail | ||||||
22 | under
this provision shall be separated from adults who are | ||||||
23 | confined in the county
jail in such a manner that there will be | ||||||
24 | no contact by sight, sound or
otherwise between the juvenile | ||||||
25 | and adult prisoners.
| ||||||
26 | (f) For purposes of appearing in a physical lineup, the |
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1 | minor may be taken
to a county jail or municipal lockup under | ||||||
2 | the direct and constant supervision
of a juvenile police | ||||||
3 | officer. During such time as is necessary to conduct a
lineup, | ||||||
4 | and while supervised by a juvenile police officer, the sight | ||||||
5 | and sound
separation provisions shall not apply.
| ||||||
6 | (g) For purposes of processing a minor, the minor may be | ||||||
7 | taken to a County
Jail or municipal lockup under the direct and | ||||||
8 | constant supervision of a law
enforcement officer or | ||||||
9 | correctional officer. During such time as is necessary
to | ||||||
10 | process the minor, and while supervised by a law enforcement | ||||||
11 | officer or
correctional officer, the sight and sound separation | ||||||
12 | provisions shall not
apply.
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13 | (3) If the probation officer or State's Attorney (or such | ||||||
14 | other public
officer designated by the court in a county having | ||||||
15 | 3,000,000 or more
inhabitants) determines that the minor may be | ||||||
16 | a delinquent minor as described
in subsection (3) of Section | ||||||
17 | 5-105, and should be retained in custody but does
not require
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18 | physical restriction, the minor may be placed in non-secure | ||||||
19 | custody for up to
40 hours pending a detention hearing.
| ||||||
20 | (4) Any minor taken into temporary custody, not requiring | ||||||
21 | secure
detention, may, however, be detained in the home of his | ||||||
22 | or her parent or
guardian subject to such conditions as the | ||||||
23 | court may impose.
| ||||||
24 | (5) The changes made to this Section by Public Act 98-61 | ||||||
25 | apply to a minor who has been arrested or taken into custody on | ||||||
26 | or after January 1, 2014 (the effective date of Public Act |
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1 | 98-61). | ||||||
2 | (Source: P.A. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756, | ||||||
3 | eff. 7-16-14; 99-254, eff. 1-1-16 .)
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4 | (705 ILCS 405/5-415)
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5 | Sec. 5-415. Setting of detention or shelter care hearing; | ||||||
6 | release.
| ||||||
7 | (1) Unless sooner released, a minor alleged to be a | ||||||
8 | delinquent minor taken
into temporary custody must be brought | ||||||
9 | before a judicial officer within 48 40
hours for a detention or | ||||||
10 | shelter care hearing to determine whether he or she
shall be
| ||||||
11 | further held in custody. If a minor alleged to be a delinquent | ||||||
12 | minor taken into
custody is hospitalized or is receiving | ||||||
13 | treatment for a physical or mental
condition, and is unable to | ||||||
14 | be brought before a judicial officer for a
detention or shelter | ||||||
15 | care hearing, the 48 40 hour period will not commence until
the | ||||||
16 | minor is released from the hospital or place of treatment. If | ||||||
17 | the minor
gives false information to law enforcement officials | ||||||
18 | regarding the minor's
identity or age, the 48 40 hour period | ||||||
19 | will not commence until the court rules
that the minor is | ||||||
20 | subject to this Act and not subject to prosecution under the
| ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012. Any
other | ||||||
22 | delay attributable to a minor alleged to be a delinquent minor | ||||||
23 | who is
taken into temporary custody shall act to toll the 48 40 | ||||||
24 | hour time period. The 48 40 hour time period shall be tolled to | ||||||
25 | allow counsel for the minor to prepare for the detention or |
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1 | shelter care hearing, upon a motion filed by such counsel and | ||||||
2 | granted by the court. In all
cases, the 48 40 hour time period | ||||||
3 | includes any Saturday, Sunday, or court-designated holiday | ||||||
4 | within the period is exclusive of Saturdays, Sundays and
| ||||||
5 | court-designated holidays .
| ||||||
6 | (2) If the State's Attorney or probation officer (or other | ||||||
7 | public
officer designated by the court in a county having more | ||||||
8 | than 3,000,000
inhabitants) determines that the minor should be | ||||||
9 | retained in custody, he or she
shall
cause a petition to be | ||||||
10 | filed as provided in Section 5-520 of this Article, and
the | ||||||
11 | clerk of the court shall set the matter for hearing on the | ||||||
12 | detention or
shelter care hearing calendar. Immediately upon | ||||||
13 | the filing of a petition in the case of a minor retained in | ||||||
14 | custody, the court shall cause counsel to be appointed to | ||||||
15 | represent the minor. When a parent, legal guardian, custodian, | ||||||
16 | or
responsible relative is present and so requests, the | ||||||
17 | detention or shelter care
hearing shall be held immediately if | ||||||
18 | the court is in session
and the State is ready to proceed, | ||||||
19 | otherwise at the earliest feasible time.
In no event shall a | ||||||
20 | detention or shelter care hearing be held until the minor has | ||||||
21 | had adequate opportunity to consult with counsel. The probation | ||||||
22 | officer or such other public officer designated by the court in | ||||||
23 | a
county having more than 3,000,000 inhabitants shall notify | ||||||
24 | the minor's parent,
legal guardian, custodian, or responsible | ||||||
25 | relative of the time and place of the
hearing. The notice may | ||||||
26 | be given orally.
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1 | (3) The minor must be released from custody at the | ||||||
2 | expiration of the 48 40
hour period specified by this Section | ||||||
3 | if not brought before a judicial officer
within that period.
| ||||||
4 | (4) After the initial 48 40 hour period has lapsed, the | ||||||
5 | court may review the
minor's custodial status at any time prior | ||||||
6 | to the trial or sentencing
hearing. If during this time period | ||||||
7 | new or additional information becomes
available concerning the | ||||||
8 | minor's conduct, the court may conduct a hearing to
determine | ||||||
9 | whether the minor should be placed in a detention or shelter | ||||||
10 | care
facility. If the court finds that there is probable cause | ||||||
11 | that the minor is a
delinquent minor and that it is a matter of | ||||||
12 | immediate and urgent necessity for
the protection of the minor | ||||||
13 | or of the person or property of another, or that he
or she is | ||||||
14 | likely to flee the jurisdiction of the court, the court may | ||||||
15 | order
that the minor be placed in detention or shelter care.
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16 | (Source: P.A. 97-1150, eff. 1-25-13.)
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17 | (705 ILCS 405/5-420 new) | ||||||
18 | Sec. 5-420. Minor's appearance by closed circuit | ||||||
19 | television and video conference. | ||||||
20 | (a) If an appearance, under this Act, is required of any | ||||||
21 | minor taken and held in a place of custody or confinement | ||||||
22 | operated by the State or any of its political subdivisions, | ||||||
23 | including counties and municipalities, the chief judge of the | ||||||
24 | circuit may permit by rule for the minor's personal appearance | ||||||
25 | to be made by means of two-way audio-visual communication, |
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| |||||||
1 | including closed circuit television and computerized video | ||||||
2 | conference, in the following proceedings: | ||||||
3 | (1) the initial appearance before a judge; | ||||||
4 | (2) a detention or shelter care hearing; or | ||||||
5 | (3) any status hearing. | ||||||
6 | (b) The two-way audio-visual communication facilities must | ||||||
7 | provide two-way audio-visual communication between the court | ||||||
8 | and the place of custody or confinement, and must include a | ||||||
9 | secure line over which the minor in custody and his or her | ||||||
10 | counsel may communicate. | ||||||
11 | (c) Nothing in this Section shall be construed to prohibit | ||||||
12 | other court appearances through the use of two-way audio-visual | ||||||
13 | communication, upon waiver of any right the minor in custody or | ||||||
14 | confinement may have to be present physically. | ||||||
15 | (d) Nothing in this Section shall be construed to establish | ||||||
16 | a right of any minor held in custody or confinement to appear | ||||||
17 | in court through two-way audio-visual communication or to | ||||||
18 | require that any governmental entity, or place of custody or | ||||||
19 | confinement, provide two-way audio-visual communication. | ||||||
20 | Section 10. The Probation and Probation Officers Act is | ||||||
21 | amended by changing Section 15 as follows:
| ||||||
22 | (730 ILCS 110/15) (from Ch. 38, par. 204-7)
| ||||||
23 | Sec. 15. (1) The Supreme Court of Illinois may establish a | ||||||
24 | Division of
Probation Services whose purpose shall be the |
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| |||||||
1 | development, establishment,
promulgation, and enforcement of | ||||||
2 | uniform standards for probation services in
this State, and to | ||||||
3 | otherwise carry out the intent of this Act. The Division
may:
| ||||||
4 | (a) establish qualifications for chief probation | ||||||
5 | officers and other
probation and court services personnel | ||||||
6 | as to hiring, promotion, and training.
| ||||||
7 | (b) make available, on a timely basis, lists of those | ||||||
8 | applicants whose
qualifications meet the regulations | ||||||
9 | referred to herein, including on said
lists all candidates | ||||||
10 | found qualified.
| ||||||
11 | (c) establish a means of verifying the conditions for | ||||||
12 | reimbursement
under this Act and develop criteria for | ||||||
13 | approved costs for reimbursement.
| ||||||
14 | (d) develop standards and approve employee | ||||||
15 | compensation schedules for
probation and court services | ||||||
16 | departments.
| ||||||
17 | (e) employ sufficient personnel in the Division to | ||||||
18 | carry out the
functions of the Division.
| ||||||
19 | (f) establish a system of training and establish | ||||||
20 | standards for personnel
orientation and training.
| ||||||
21 | (g) develop standards for a system of record keeping | ||||||
22 | for cases and
programs, gather statistics, establish a | ||||||
23 | system of uniform forms, and
develop research for planning | ||||||
24 | of Probation
Services.
| ||||||
25 | (h) develop standards to assure adequate support | ||||||
26 | personnel, office
space, equipment and supplies, travel |
| |||||||
| |||||||
1 | expenses, and other essential items
necessary for | ||||||
2 | Probation and Court Services
Departments to carry out their
| ||||||
3 | duties.
| ||||||
4 | (i) review and approve annual plans submitted by
| ||||||
5 | Probation and Court
Services Departments.
| ||||||
6 | (j) monitor and evaluate all programs operated by
| ||||||
7 | Probation and Court
Services Departments, and may include | ||||||
8 | in the program evaluation criteria
such factors as the | ||||||
9 | percentage of Probation sentences for felons convicted
of | ||||||
10 | Probationable offenses.
| ||||||
11 | (k) seek the cooperation of local and State government | ||||||
12 | and private
agencies to improve the quality of probation | ||||||
13 | and
court services.
| ||||||
14 | (l) where appropriate, establish programs and | ||||||
15 | corresponding standards
designed to generally improve the | ||||||
16 | quality of
probation and court services
and reduce the rate | ||||||
17 | of adult or juvenile offenders committed to the
Department | ||||||
18 | of Corrections.
| ||||||
19 | (m) establish such other standards and regulations and | ||||||
20 | do all acts
necessary to carry out the intent and purposes | ||||||
21 | of this Act.
| ||||||
22 | The Division shall adopt a statewide juvenile detention | ||||||
23 | screening instrument that has been verified through | ||||||
24 | evidence-based and data-based practices that is to be used by | ||||||
25 | all authorized juvenile detention facilities. The scoring for | ||||||
26 | this screening tool may include, but is not limited to, the |
| |||||||
| |||||||
1 | following determinations or factors: | ||||||
2 | (i) the likelihood that the juvenile will appear in | ||||||
3 | court; | ||||||
4 | (ii) the severity of the charge against the juvenile; | ||||||
5 | (iii) whether the current incident involved violence | ||||||
6 | or a weapon, or the threat of or use of a weapon; | ||||||
7 | (iv) the number of prior interactions the juvenile has | ||||||
8 | with the juvenile justice system; | ||||||
9 | (v) whether prior incidents of the juvenile involved | ||||||
10 | violence or a weapon, or the threat of or use of a weapon; | ||||||
11 | (vi) whether there is a safe environment to return the | ||||||
12 | juvenile to; and | ||||||
13 | (vii) whether the family members of the juvenile would | ||||||
14 | feel safe if the juvenile returns to his or her home | ||||||
15 | environment. | ||||||
16 | This screening tool and its use shall be race and gender | ||||||
17 | neutral and shall include protections from all forms of bias. | ||||||
18 | The Division may recommend and adopt updates to the screening | ||||||
19 | tool and its usage on a regular basis. | ||||||
20 | The Division shall develop standards to implement the | ||||||
21 | Domestic Violence Surveillance Program established under | ||||||
22 | Section 5-8A-7 of the Unified Code of Corrections, including | ||||||
23 | (i) procurement of equipment and other services necessary to | ||||||
24 | implement the program and (ii) development of uniform standards | ||||||
25 | for the delivery of the program through county probation | ||||||
26 | departments, and develop standards for collecting data to |
| |||||||
| |||||||
1 | evaluate the impact and costs of the Domestic Violence | ||||||
2 | Surveillance Program. | ||||||
3 | The Division shall establish a model list of structured | ||||||
4 | intermediate
sanctions that may be imposed by a probation | ||||||
5 | agency for violations of terms and
conditions of a sentence of | ||||||
6 | probation, conditional discharge, or supervision.
| ||||||
7 | The State of Illinois shall provide for the costs of | ||||||
8 | personnel, travel,
equipment, telecommunications, postage, | ||||||
9 | commodities, printing, space,
contractual services and other | ||||||
10 | related costs necessary to carry out the
intent of this Act.
| ||||||
11 | (2) (a) The chief judge of each circuit shall provide
| ||||||
12 | full-time probation services for all counties
within the | ||||||
13 | circuit, in a
manner consistent with the annual probation plan,
| ||||||
14 | the standards, policies,
and regulations established by the | ||||||
15 | Supreme Court. A
probation district of
two or more counties | ||||||
16 | within a circuit may be created for the purposes of
providing | ||||||
17 | full-time probation services. Every
county or group of
counties | ||||||
18 | within a circuit shall maintain a
probation department which | ||||||
19 | shall
be under the authority of the Chief Judge of the circuit | ||||||
20 | or some other
judge designated by the Chief Judge. The Chief | ||||||
21 | Judge, through the
Probation and Court Services Department | ||||||
22 | shall
submit annual plans to the
Division for probation and | ||||||
23 | related services.
| ||||||
24 | (b) The Chief Judge of each circuit shall appoint the Chief
| ||||||
25 | Probation
Officer and all other probation officers for his
or | ||||||
26 | her circuit from lists
of qualified applicants supplied by the |
| |||||||
| |||||||
1 | Supreme Court. Candidates for chief
managing officer and other | ||||||
2 | probation officer
positions must apply with both
the Chief | ||||||
3 | Judge of the circuit and the Supreme Court.
| ||||||
4 | (3) A Probation and Court Service Department
shall apply to | ||||||
5 | the
Supreme Court for funds for basic services, and may apply | ||||||
6 | for funds for new
and expanded programs or Individualized | ||||||
7 | Services and Programs. Costs shall
be reimbursed monthly based | ||||||
8 | on a plan and budget approved by the Supreme
Court. No | ||||||
9 | Department may be reimbursed for costs which exceed or are not
| ||||||
10 | provided for in the approved annual plan and budget. After the | ||||||
11 | effective
date of this amendatory Act of 1985, each county must | ||||||
12 | provide basic
services in accordance with the annual plan and | ||||||
13 | standards created by the
division. No department may receive | ||||||
14 | funds for new or expanded programs or
individualized services | ||||||
15 | and programs unless they are in compliance with
standards as | ||||||
16 | enumerated in paragraph (h) of subsection (1) of this Section,
| ||||||
17 | the annual plan, and standards for basic services.
| ||||||
18 | (4) The Division shall reimburse the county or counties for
| ||||||
19 | probation
services as follows:
| ||||||
20 | (a) 100% of the salary of all chief managing officers | ||||||
21 | designated as such
by the Chief Judge and the division.
| ||||||
22 | (b) 100% of the salary for all probation
officer and | ||||||
23 | supervisor
positions approved for reimbursement by the | ||||||
24 | division after April 1, 1984,
to meet workload standards | ||||||
25 | and to implement intensive sanction and
probation
| ||||||
26 | supervision
programs and other basic services as defined in |
| |||||||
| |||||||
1 | this Act.
| ||||||
2 | (c) 100% of the salary for all secure detention | ||||||
3 | personnel and non-secure
group home personnel approved for | ||||||
4 | reimbursement after December 1, 1990.
For all such | ||||||
5 | positions approved for reimbursement
before
December 1, | ||||||
6 | 1990, the counties shall be reimbursed $1,250 per month | ||||||
7 | beginning
July 1, 1995, and an additional $250 per month | ||||||
8 | beginning each July 1st
thereafter until the positions | ||||||
9 | receive 100% salary reimbursement.
Allocation of such | ||||||
10 | positions will be based on comparative need considering
| ||||||
11 | capacity, staff/resident ratio, physical plant and | ||||||
12 | program.
| ||||||
13 | (d) $1,000 per month for salaries for the remaining
| ||||||
14 | probation officer
positions engaged in basic services and | ||||||
15 | new or expanded services. All such
positions shall be | ||||||
16 | approved by the division in accordance with this Act and
| ||||||
17 | division standards.
| ||||||
18 | (e) 100% of the travel expenses in accordance with | ||||||
19 | Division standards
for all Probation positions approved | ||||||
20 | under
paragraph (b) of subsection 4
of this Section.
| ||||||
21 | (f) If the amount of funds reimbursed to the county | ||||||
22 | under paragraphs
(a) through (e) of subsection 4 of this | ||||||
23 | Section on an annual basis is less
than the amount the | ||||||
24 | county had received during the 12 month period
immediately | ||||||
25 | prior to the effective date of this amendatory Act of 1985,
| ||||||
26 | then the Division shall reimburse the amount of the |
| |||||||
| |||||||
1 | difference to the
county. The effect of paragraph (b) of | ||||||
2 | subsection 7 of this Section shall
be considered in | ||||||
3 | implementing this supplemental reimbursement provision.
| ||||||
4 | (5) The Division shall provide funds beginning on April 1, | ||||||
5 | 1987 for the
counties to provide Individualized Services and | ||||||
6 | Programs as provided in
Section 16 of this Act.
| ||||||
7 | (6) A Probation and Court Services Department
in order to | ||||||
8 | be eligible
for the reimbursement must submit to the Supreme | ||||||
9 | Court an application
containing such information and in such a | ||||||
10 | form and by such dates as the
Supreme Court may require. | ||||||
11 | Departments to be eligible for funding must
satisfy the | ||||||
12 | following conditions:
| ||||||
13 | (a) The Department shall have on file with the Supreme
| ||||||
14 | Court an annual Probation plan for continuing,
improved, | ||||||
15 | and
new Probation and Court Services Programs
approved by | ||||||
16 | the Supreme Court or its
designee. This plan shall indicate | ||||||
17 | the manner in which
Probation and Court
Services will be | ||||||
18 | delivered and improved, consistent with the minimum
| ||||||
19 | standards and regulations for Probation and Court
| ||||||
20 | Services, as established
by the Supreme Court. In counties | ||||||
21 | with more than one
Probation and Court
Services Department | ||||||
22 | eligible to receive funds, all Departments within that
| ||||||
23 | county must submit plans which are approved by the Supreme | ||||||
24 | Court.
| ||||||
25 | (b) The annual probation plan shall seek to
generally | ||||||
26 | improve the
quality of probation services and to reduce the
|
| |||||||
| |||||||
1 | commitment of adult offenders to the Department of | ||||||
2 | Corrections and to reduce the
commitment of juvenile | ||||||
3 | offenders to the Department of Juvenile Justice and shall | ||||||
4 | require, when
appropriate, coordination with the | ||||||
5 | Department of Corrections, the Department of Juvenile | ||||||
6 | Justice, and the
Department of Children and Family Services | ||||||
7 | in the development and use of
community resources, | ||||||
8 | information systems, case review and permanency
planning | ||||||
9 | systems to avoid the duplication of services.
| ||||||
10 | (c) The Department shall be in compliance with | ||||||
11 | standards developed by the
Supreme Court for basic, new and | ||||||
12 | expanded services, training, personnel
hiring and | ||||||
13 | promotion.
| ||||||
14 | (d) The Department shall in its annual plan indicate | ||||||
15 | the manner in which
it will support the rights of crime | ||||||
16 | victims and in which manner it will
implement Article I, | ||||||
17 | Section 8.1 of the Illinois Constitution and in what
manner | ||||||
18 | it will coordinate crime victims' support services with | ||||||
19 | other criminal
justice agencies within its jurisdiction, | ||||||
20 | including but not limited to, the
State's Attorney, the | ||||||
21 | Sheriff and any municipal police department.
| ||||||
22 | (7) No statement shall be verified by the Supreme Court or | ||||||
23 | its
designee or vouchered by the Comptroller unless each of the | ||||||
24 | following
conditions have been met:
| ||||||
25 | (a) The probation officer is a full-time
employee | ||||||
26 | appointed by the Chief
Judge to provide probation services.
|
| |||||||
| |||||||
1 | (b) The probation officer, in order to be
eligible for | ||||||
2 | State
reimbursement, is receiving a salary of at least | ||||||
3 | $17,000 per year.
| ||||||
4 | (c) The probation officer is appointed or
was | ||||||
5 | reappointed in accordance
with minimum qualifications or | ||||||
6 | criteria established by the Supreme
Court; however, all | ||||||
7 | probation officers appointed
prior to January 1, 1978,
| ||||||
8 | shall be exempted from the minimum requirements | ||||||
9 | established by the Supreme
Court. Payments shall be made to | ||||||
10 | counties employing these exempted
probation officers as | ||||||
11 | long as they are employed
in the position held on the
| ||||||
12 | effective date of this amendatory Act of 1985. Promotions | ||||||
13 | shall be
governed by minimum qualifications established by | ||||||
14 | the Supreme Court.
| ||||||
15 | (d) The Department has an established compensation | ||||||
16 | schedule approved by
the Supreme Court. The compensation | ||||||
17 | schedule shall include salary ranges
with necessary | ||||||
18 | increments to compensate each employee. The increments
| ||||||
19 | shall, within the salary ranges, be based on such factors | ||||||
20 | as bona fide
occupational qualifications, performance, and | ||||||
21 | length of service. Each
position in the Department shall be | ||||||
22 | placed on the compensation schedule
according to job duties | ||||||
23 | and responsibilities of such position. The policy
and | ||||||
24 | procedures of the compensation schedule shall be made | ||||||
25 | available to each
employee.
| ||||||
26 | (8) In order to obtain full reimbursement of all approved |
| |||||||
| |||||||
1 | costs, each
Department must continue to employ at least the | ||||||
2 | same number of
probation
officers and probation managers as | ||||||
3 | were
authorized for employment for the
fiscal year which | ||||||
4 | includes January 1, 1985. This number shall be designated
as | ||||||
5 | the base amount of the Department. No positions approved by the | ||||||
6 | Division
under paragraph (b) of subsection 4 will be included | ||||||
7 | in the base amount.
In the event that the Department employs | ||||||
8 | fewer
Probation officers and
Probation managers than the base | ||||||
9 | amount for a
period of 90 days, funding
received by the | ||||||
10 | Department under subsection 4 of this
Section may be reduced on | ||||||
11 | a monthly basis by the amount of the current
salaries of any | ||||||
12 | positions below the base amount.
| ||||||
13 | (9) Before the 15th day of each month, the treasurer of any | ||||||
14 | county which
has a Probation and Court Services Department, or
| ||||||
15 | the treasurer of the most
populous county, in the case of a | ||||||
16 | Probation or
Court Services Department
funded by more than one | ||||||
17 | county, shall submit an itemized statement of all
approved | ||||||
18 | costs incurred in the delivery of Basic
Probation and Court
| ||||||
19 | Services under this Act to the Supreme Court.
The treasurer may | ||||||
20 | also submit an itemized statement of all approved costs
| ||||||
21 | incurred in the delivery of new and expanded
Probation and | ||||||
22 | Court Services
as well as Individualized Services and Programs. | ||||||
23 | The Supreme Court or
its designee shall verify compliance with | ||||||
24 | this Section and shall examine
and audit the monthly statement | ||||||
25 | and, upon finding them to be correct, shall
forward them to the | ||||||
26 | Comptroller for payment to the county treasurer. In the
case of |
| |||||||
| |||||||
1 | payment to a treasurer of a county which is the most populous | ||||||
2 | of
counties sharing the salary and expenses of a
Probation and | ||||||
3 | Court Services
Department, the treasurer shall divide the money | ||||||
4 | between the counties in a
manner that reflects each county's | ||||||
5 | share of the cost incurred by the
Department.
| ||||||
6 | (10) The county treasurer must certify that funds received | ||||||
7 | under this
Section shall be used solely to maintain and improve
| ||||||
8 | Probation and Court
Services. The county or circuit shall | ||||||
9 | remain in compliance with all
standards, policies and | ||||||
10 | regulations established by the Supreme Court.
If at any time | ||||||
11 | the Supreme Court determines that a county or circuit is not
in | ||||||
12 | compliance, the Supreme Court shall immediately notify the | ||||||
13 | Chief Judge,
county board chairman and the Director of Court | ||||||
14 | Services Chief
Probation Officer. If after 90 days of written
| ||||||
15 | notice the noncompliance
still exists, the Supreme Court shall | ||||||
16 | be required to reduce the amount of
monthly reimbursement by | ||||||
17 | 10%. An additional 10% reduction of monthly
reimbursement shall | ||||||
18 | occur for each consecutive month of noncompliance.
Except as | ||||||
19 | provided in subsection 5 of Section 15, funding to counties | ||||||
20 | shall
commence on April 1, 1986. Funds received under this Act | ||||||
21 | shall be used to
provide for Probation Department expenses
| ||||||
22 | including those required under
Section 13 of this Act. The | ||||||
23 | Mandatory
Arbitration Fund may be used to provide for Probation | ||||||
24 | Department expenses,
including those required under Section 13 | ||||||
25 | of this Act.
| ||||||
26 | (11) The respective counties shall be responsible for |
| |||||||
| |||||||
1 | capital and space
costs, fringe benefits, clerical costs, | ||||||
2 | equipment, telecommunications,
postage, commodities and | ||||||
3 | printing.
| ||||||
4 | (12) For purposes of this Act only, probation officers | ||||||
5 | shall be
considered
peace officers. In the
exercise of their | ||||||
6 | official duties, probation
officers, sheriffs, and police
| ||||||
7 | officers may, anywhere within the State, arrest any probationer | ||||||
8 | who is in
violation of any of the conditions of his or her | ||||||
9 | probation, conditional
discharge, or supervision, and it shall | ||||||
10 | be the
duty of the officer making the arrest to take the | ||||||
11 | probationer
before the
Court having jurisdiction over the | ||||||
12 | probationer for further order.
| ||||||
13 | (Source: P.A. 95-707, eff. 1-11-08; 95-773, eff. 1-1-09; | ||||||
14 | 96-688, eff. 8-25-09.)
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law. |