HB0044ham001 104TH GENERAL ASSEMBLY

Rep. Rita Mayfield

Filed: 2/18/2025

10400HB0044ham001 LRB104 03575 RLC 22443 a

AMENDMENT TO HOUSE BILL 44

AMENDMENT NO. ______. Amend House Bill 44 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Community-Based Corrections Act.

Section 5. Purpose. The purpose of this Act is to create a transformative post-conviction model that reduces reliance on traditional incarceration for emerging adults by fostering partnerships between the Department of Corrections, the Department of Human Services, and nonprofit, community-based providers to implement restorative justice practices, workforce training, and mental health support. This Act recognizes that young adults aged 18 through 25 are more likely to be justice involved due to poverty, instability, trauma, and a lack of social and emotional services and support. Young adults who receive holistic, developmentally appropriate supports and services in a community setting continue educational pursuits, successfully enter the workforce, and are less likely to reoffend, thus increasing the welfare of the young adult and the community, rather than those who are incarcerated. This Act recognizes that the qualities that distinguish juveniles from adults do not disappear when an individual turns 18. They remain vulnerable to negative influences and outside peer pressures, including from their family and peers, and they have limited control over their own environment and lack the ability to extricate themselves from horrific, crime-producing settings. Because the characters of emerging adults are still being formed, their traits are less fixed and their actions are less likely to be evidence of a lack of rehabilitative potential. Accordingly, emerging adults are worthy of special care, investment, and consideration so as to prevent long-term involvement in the criminal justice system and the psychological damage caused by carceral settings. This policy is grounded in balanced restorative justice values and practices, that seek to improve community safety by considering the welfare of the emerging adult with a focus on connecting emerging adults to supports that address underlying root causes of behavior instead of punitive measures.

Section 10. Definitions. In this Act:

"Aftercare plan" means a re-entry plan that details employment or apprenticeship verification of enrollment in a 2-year or 4-year educational institution, counseling or treatment plans and providers, residential placement, and any other services as appropriate.

"Approved" means having obtained written approval by the Department of Human Services to provide services as an alternative to traditional incarceration as a community-based provider, with annual monitoring and evaluation by the Department of Human Services for continued approval to operate as such.

"Community-based provider" means a nonprofit organization that provides transitional housing and on-site facilitation of community-based services including employment and vocational training, financial counseling, education, social and mental health services, substance abuse counseling, individual and family counseling, restorative justice programming, assistance in locating permanent residential placement and obtaining suitable employment or educational pursuits upon release, and any other services as appropriate to emerging adults.

"Emerging adult" means an individual who is at least 18 years of age but under 26 years of age, at the time of the commission of the offense, who has been convicted of a crime that is non-probationable and is eligible for confinement in a penal institution.

"Individualized service plan" means the written details of the developmentally appropriate supports, activities, and resources required for the individual to achieve personal goals, which could include workforce development, mental health counseling, substance abuse counseling, educational classes, financial literacy classes, and restorative justice programming that a person will receive during the term of the person's stay.

"Initial assessment" means a detailed evaluation of a person's behavioral health used to diagnose conditions, identify strengths and needs, and develop treatment plans such as provided through the use of standardized assessment tools such as the Illinois Medicaid Comprehensive Assessment of Needs and Strengths.

"Mitigation report" means a report that outlines the social and educational history of a person, which also includes employment history, mental health diagnosis and individualized service plans, history of or current substance use and treatment, criminal history, and character references.

"Penal institution" has the meaning ascribed to the term in Section 2-14 of the Criminal Code of 2012.

"Restorative justice programming" means practices or programming designed to contribute to the emotional development of a person and foster meaningful connections to the community.

"Transitional housing" means single occupancy housing in a facility not otherwise open to and accessible by the public that is equipped with video monitoring, residential managers, 24 hour on-site staffing and monitoring, visitation restrictions, and a curfew; and that provides residents with on-site meals, laundry services, basic living necessities including personal care items, and health and wellness facilities and services.

Section 15. Establishment of community-based corrections.

(a) The Department of Corrections shall establish a program that funds community-based nonprofit providers to serve emerging adults as an alternative to traditional incarceration.

(b) Community-based providers shall offer transitional housing and developmentally appropriate services including, but not limited to, workforce training and certification, mental health counseling, financial literacy classes, and restorative justice programming in alignment with State guidelines.

(c) The program shall be subject to judicial discretion, allowing sentencing judges to assign eligible individuals to community-based settings instead of Department of Corrections.

(d) The Department of Human Services shall approve community-based providers as eligible to participate in the program, based on their ability to deliver high-quality programming consistent with Department of Human Services mandates.

Section 20. Funding and payment structure.

(a) Community-based providers shall be compensated at a rate equivalent to the monthly per-inmate cost of incarceration as determined by the Department of Corrections in its fiscal impact statement. Community-based providers shall be paid on a monthly basis for the number of individuals within their care.

(b) The Department of Corrections shall allocate existing budget authority for contractual services to fund the program created by this Act.

(c) The Department of Corrections shall utilize the community-based provider's current federal Negotiated Indirect Cost Rate Agreement, as determined pursuant to 2 CFR Part 200 Appendix IV, if applicable. If the community-based provider does not have a current federal Negotiated Indirect Cost Rate Agreement, the Department shall utilize a de minimis rate of 15% of modified total indirect cost, as defined by 2 CFR 200.1. The nonprofit organization may volunteer to accept a lower indirect rate on a contract. The Department shall not force or coerce a nonprofit organization to accept a lower indirect cost rate. If the nonprofit organization's federal Negotiated Indirect Cost Rate Agreement changes or the nonprofit organization obtains a federal Negotiated Indirect Cost Rate Agreement during the term of the contract for services, the budget shall be modified accordingly without reducing any line items for direct costs.

Section 25. Standards and oversight.

(a) The Department of Human Services shall establish operational standards, including housing conditions, workforce training quality, and mental health support services, to ensure program efficacy. The requesting agency must submit to the Department of Human Services operational standards and procedures, proof of satisfaction of any housing, kitchen, and dining code requirements, licenses or certifications of agencies performing workforce training programs, licenses, certifications, or accreditations granted by the Department of Human Services to agencies that will perform mental and behavioral health services, and submit programming related to restorative justice practices to ensure quality and efficacy, and alignment with any applicable city, county and State standards. The Department of Human Services shall either approve or reject the community-based provider's application, in writing, within 45 days of submission. If rejected, the Department of Human Services shall provide detailed reasons for the rejection including instructions on how to resolve any identified areas of concern. The rejected agency may reapply for approval as a community-based provider upon providing proof of reconciliation.

(b) The Department of Human Services shall monitor and evaluate providers to maintain compliance with State requirements and provide written reapproval or rejection. If rejected, the community-based provider shall have 90 days to meet approval, or obtain an extension of time to meet approval. If after 90 days or upon expiration of the extension of time approval to continue to operate as a community-based provider is not obtained, any persons sentenced to the community-based provider under this Act must be immediately returned to court for resentencing and a progress report of participation filed with the court. The court shall then transfer the returned person to any other available approved community-based provider or an alternative program for the remainder of the term of probation.

Section 30. Reporting and accountability.

(a) Community-based providers shall submit annual reports to the Department of Corrections and the Department of Human Services detailing aggregate performance and impact metrics.

(b) The Department of Corrections shall report program performance to the General Assembly annually, including cost savings from reduced incarceration based on emerging adults participating with community-based providers for fewer years than they would serve in a Department of Corrections facility.

(c) The Department of Human Services shall submit annual reports to the General Assembly identifying all approved community-based providers, including the type of services provided, number of participants served in each site annually, and deidentified demographic data of individuals sentenced under this Act.

Section 35. Eligible persons.

(a) Notwithstanding the provisions set forth in Section 5-5-3 of the Unified Code of Corrections, this Act applies to persons ages 18 through 25, at the time of the commission of the offense, convicted of any non-probationable felony, or any offense upon which a period of incarceration must be imposed upon conviction, except for the following offenses unless the court finds exceptional circumstances exist:

(1) if a sentence of natural life is mandated;

(2) first degree murder; or

(3) any Class X felony offense in which the person personally discharged a firearm during the commission of the crime resulting in bodily harm.

(b) Prior criminal history shall not exclude eligibility for sentencing under this Act.

Section 40. Sentencing.

(a) Upon a conviction by way of plea or otherwise finding of guilt, the court may sentence a person who meets the eligibility requirements under this Act to a term of probation to be performed at an approved community-based provider for a period of not less than one year and not more than 3 years in lieu of incarceration in the Illinois Department of Corrections, which shall be monitored by the adult probation department, if the defendant:

(1) does not violate any criminal statute of this State or any other jurisdiction;

(2) refrains from possessing a firearm or any other dangerous weapon; and

(3) attends and participates in any program activities as detailed in the individualized service plan.

All fines, fees, and costs shall be waived for any person sentenced to a community-based provider under this Act.

(b) Prior to imposing a sentence of probation under this Act, the defendant shall submit a mitigation report to the court and the court may, upon its own order, also obtain a Presentence Investigation Report. The defendant must also obtain and provide proof of acceptance to a community-based provider and submit an individualized service plan to the court based upon an initial assessment provided by a licensed professional.

(c) In determining whether to impose a sentence under this Act, the court shall take into consideration the following:

(1) the age, immaturity, or limited mental capacity of the defendant;

(2) the nature and circumstances of the offense;

(3) whether sentencing under this Act is in the interest of the defendant's rehabilitation, including any employment or involvement in community, educational, training, or vocational programs as detailed in the individualized service plan;

(4) whether the defendant suffers from trauma, as supported by documentation or evaluation by a licensed professional; and

(5) the potential risk to public safety.

(d) The court shall make a detailed record of its findings when imposing or declining to impose sentencing under this Act for any eligible persons.

(e) When a defendant is sentenced under this Act, the court shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of the Program. A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal; however, a sentence under this Act is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime unless and until judgment is entered.

Section 45. Progress reports. The adult probation department shall submit a written status report to the court, to the State, and to the defense, detailing the progress of the defendant:

(1) 90 days after initial sentencing;

(2) upon completion of the probation period or the fulfillment of the terms of the individualized service plan; or

(3) any time upon request of the court.

Section 50. Violation, modification, and revocation of probation.

(a) Upon violation of a term or condition of the Program, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law.

(b) The court shall consider least restrictive alternatives prior to imposing a sentence of incarceration upon a revocation of the sentence of probation.

Section 55. Termination of probation.

(a) Upon fulfillment of the terms and conditions of the individualized service plan and the submission of an aftercare plan prepared by the community-based provider, the court shall discharge the defendant and dismiss the proceedings against the defendant.

(b) The court may terminate the sentence of probation prior to the expiration date upon a finding that all requirements of the Individualized Service Plan have been met, an aftercare plan has been submitted, and the court finds that early termination is in the best interests of the defendant and the community.

Section 99. Effective date. This Act takes effect upon becoming law.".