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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Probation and Probation Officers Act is | ||||||
5 | amended by changing Section 16.1 as follows: | ||||||
6 | (730 ILCS 110/16.1)
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7 | Sec. 16.1. Redeploy Illinois Program.
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8 | (a) The purpose of this Section is to encourage the
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9 | deinstitutionalization of juvenile offenders by establishing
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10 | pilot projects in counties or groups of counties that
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11 | reallocate State funds from juvenile correctional confinement
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12 | to local jurisdictions, which will establish a continuum of
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13 | local, community-based sanctions and treatment alternatives
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14 | for juvenile offenders who would be incarcerated if those
local | ||||||
15 | services and sanctions did not exist. It is also intended to | ||||||
16 | offer alternatives, when appropriate, to avoid commitment to | ||||||
17 | the Department of Juvenile Justice, to direct child welfare | ||||||
18 | services for minors charged with a criminal offense or | ||||||
19 | adjudicated delinquent under Section 5 of the Children and | ||||||
20 | Family Services Act. The allotment of
funds will be based on a | ||||||
21 | formula that rewards local
jurisdictions for the establishment | ||||||
22 | or expansion of local
alternatives to incarceration, and | ||||||
23 | requires them to pay for
utilization of incarceration as a |
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1 | sanction. In addition, there shall be an allocation of | ||||||
2 | resources (amount to be determined annually by the Redeploy | ||||||
3 | Illinois Oversight Board) set aside at the beginning of each | ||||||
4 | fiscal year to be made available for any county or groups of | ||||||
5 | counties which need resources only occasionally for services to | ||||||
6 | avoid commitment to the Department of Juvenile Justice for a | ||||||
7 | limited number of youth. This redeployment
of funds shall be | ||||||
8 | made in a manner consistent with the
Juvenile Court Act of 1987 | ||||||
9 | and the following purposes and
policies:
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10 | (1) The juvenile justice system should protect the
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11 | community, impose accountability to victims and | ||||||
12 | communities for
violations of law,
and equip juvenile | ||||||
13 | offenders with competencies to live
responsibly and | ||||||
14 | productively.
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15 | (2) Juveniles should be treated in the least
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16 | restrictive manner possible while maintaining the safety
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17 | of the community.
| ||||||
18 | (3) A continuum of services and sanctions from
least | ||||||
19 | restrictive to most restrictive should be available
in | ||||||
20 | every community.
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21 | (4) There should be local responsibility and
authority | ||||||
22 | for planning, organizing, and coordinating
service | ||||||
23 | resources in the community. People in the
community can | ||||||
24 | best choose a range of services which
reflect community | ||||||
25 | values and meet the needs of their own
youth.
| ||||||
26 | (5) Juveniles who pose a threat to the community or
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1 | themselves need special care, including secure settings.
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2 | Such services as detention, long-term incarceration, or
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3 | residential treatment are too costly to provide in each
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4 | community and should be coordinated and provided on a
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5 | regional or Statewide basis.
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6 | (6) The roles of State and local government in
creating | ||||||
7 | and maintaining services to youth in the
juvenile justice | ||||||
8 | system should be clearly defined. The
role of the State is | ||||||
9 | to fund services, set standards of
care, train service | ||||||
10 | providers, and monitor the
integration and coordination of | ||||||
11 | services. The role of
local government should be to oversee | ||||||
12 | the provision of
services.
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13 | (b) Each county or circuit participating in the Redeploy | ||||||
14 | Illinois pilot
program must create a local plan demonstrating | ||||||
15 | how it will
reduce the county or circuit's utilization of | ||||||
16 | secure
confinement of juvenile offenders in the Illinois | ||||||
17 | Department
of Juvenile Justice or county detention centers by | ||||||
18 | the creation or
expansion of individualized services or | ||||||
19 | programs that may
include but are not limited to the following:
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20 | (1) Assessment and evaluation services to provide
the | ||||||
21 | juvenile justice system with accurate individualized
case | ||||||
22 | information on each juvenile offender including
mental | ||||||
23 | health, substance abuse, educational, and family
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24 | information;
| ||||||
25 | (2) Direct services to individual juvenile
offenders | ||||||
26 | including educational, vocational, mental
health, |
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1 | substance abuse, supervision, and service
coordination; | ||||||
2 | and
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3 | (3) Programs that seek to restore the offender to
the | ||||||
4 | community, such as victim offender panels, teen
courts, | ||||||
5 | competency building, enhanced accountability
measures, | ||||||
6 | restitution, and community service.
The local plan must be | ||||||
7 | directed in such a manner as to
emphasize an individualized | ||||||
8 | approach to providing services to
juvenile offenders in an | ||||||
9 | integrated community based system
including probation as | ||||||
10 | the broker of services. The plan must
also detail the | ||||||
11 | reduction in utilization of secure
confinement.
The local | ||||||
12 | plan shall be limited to services and shall not
include | ||||||
13 | costs for:
| ||||||
14 | (i) capital expenditures;
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15 | (ii) renovations or remodeling;
| ||||||
16 | (iii) personnel costs for probation.
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17 | The local plan shall be submitted to the Department of | ||||||
18 | Human
Services.
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19 | (c) A county or group of counties may develop an
agreement | ||||||
20 | with the Department of Human Services to reduce their
number of
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21 | commitments of juvenile offenders, excluding minors sentenced
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22 | based upon a finding of guilt of first degree murder or an | ||||||
23 | offense which is a
Class X forcible felony as defined in the | ||||||
24 | Criminal Code of 1961, to the
Department of
Juvenile Justice, | ||||||
25 | and then use the savings to develop local
programming for youth | ||||||
26 | who would otherwise have been committed
to the Department of |
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1 | Juvenile Justice. A county or group of
counties shall agree to | ||||||
2 | limit their commitments to 75% of the
level of commitments from | ||||||
3 | the average number of juvenile
commitments for the past 3 | ||||||
4 | years, and will receive the
savings to redeploy for local | ||||||
5 | programming for juveniles who
would otherwise be held in | ||||||
6 | confinement. For any county or group of counties with a | ||||||
7 | decrease of juvenile commitments of at least 25%, based on the | ||||||
8 | average reductions of the prior 3 years, which are chosen to | ||||||
9 | participate or continue as pilot sites, the Redeploy Illinois | ||||||
10 | Oversight Board has the authority to reduce the required | ||||||
11 | percentage of future commitments to achieve the purpose of this | ||||||
12 | Section. The agreement shall
set forth the following:
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13 | (1) a Statement of the number and type of juvenile
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14 | offenders from the county who were held in secure
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15 | confinement by the Illinois Department of Juvenile Justice | ||||||
16 | or
in county detention the previous year, and an | ||||||
17 | explanation
of which, and how many, of these offenders | ||||||
18 | might be
served through the proposed Redeploy Illinois | ||||||
19 | Program for
which the funds shall be used;
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20 | (2) a Statement of the service needs of currently
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21 | confined juveniles;
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22 | (3) a Statement of the type of services and
programs to | ||||||
23 | provide for the individual needs of the
juvenile offenders, | ||||||
24 | and the research or evidence base
that qualifies those | ||||||
25 | services and programs as proven or
promising practices;
| ||||||
26 | (4) a budget indicating the costs of each service
or |
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1 | program to be funded under the plan;
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2 | (5) a summary of contracts and service agreements
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3 | indicating the treatment goals and number of juvenile
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4 | offenders to be served by each service provider; and
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5 | (6) a Statement indicating that the Redeploy
Illinois | ||||||
6 | Program will not duplicate existing services and
programs. | ||||||
7 | Funds for this plan shall not supplant existing
county | ||||||
8 | funded programs.
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9 | (d) (Blank).
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10 | (d-5) A county or group of counties that does not have an | ||||||
11 | approved Redeploy Illinois program, as described in subsection | ||||||
12 | (b), and that has committed fewer than 10 Redeploy eligible | ||||||
13 | youth to the Department of Juvenile Justice on average over the | ||||||
14 | previous 3 years, may develop an individualized agreement with | ||||||
15 | the Department of Human Services through the Redeploy Illinois | ||||||
16 | program to provide services to youth to avoid commitment to the | ||||||
17 | Department of Juvenile Justice.
The agreement shall set forth | ||||||
18 | the following: | ||||||
19 | (1) a statement of the number and type of juvenile
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20 | offenders from the county who were at risk under any of the | ||||||
21 | categories listed above during the 3 previous years, and an | ||||||
22 | explanation of which of these offenders would be served | ||||||
23 | through the proposed Redeploy Illinois program for which | ||||||
24 | the funds shall be used, or through individualized | ||||||
25 | contracts with existing Redeploy programs in neighboring | ||||||
26 | counties; |
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1 | (2) a statement of the service needs; | ||||||
2 | (3) a statement of the type of services and programs
to | ||||||
3 | provide for the individual needs of the juvenile offenders, | ||||||
4 | and the research or evidence that qualifies those services | ||||||
5 | and programs as proven or promising practices; | ||||||
6 | (4) a budget indicating the costs of each service or
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7 | program to be funded under the plan; | ||||||
8 | (5) a summary of contracts and service agreements
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9 | indicating the treatment goals and number of juvenile | ||||||
10 | offenders to be served by each service provider; and | ||||||
11 | (6) a statement indicating that the Redeploy Illinois
| ||||||
12 | program will not duplicate existing services and programs. | ||||||
13 | Funds for this plan shall not supplant existing county | ||||||
14 | funded programs. | ||||||
15 | (e) The Department of Human Services shall be responsible | ||||||
16 | for
the
following:
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17 | (1) Reviewing each Redeploy Illinois Program plan
for | ||||||
18 | compliance with standards established for such plans.
A | ||||||
19 | plan may be approved as submitted, approved with
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20 | modifications, or rejected. No plan shall be considered
for | ||||||
21 | approval if the circuit or county is not in full
compliance | ||||||
22 | with all regulations, standards and guidelines
pertaining | ||||||
23 | to the delivery of basic probation services as
established | ||||||
24 | by the Supreme Court.
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25 | (2) Monitoring on a continual basis and evaluating
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26 | annually both the program and its fiscal activities in
all |
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1 | counties receiving an allocation under the Redeploy
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2 | Illinois Program. Any program or service that has not met
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3 | the goals and objectives of its contract or service
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4 | agreement shall be subject to denial for funding in
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5 | subsequent years. The Department of Human Services shall
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6 | evaluate the
effectiveness of the Redeploy Illinois | ||||||
7 | Program in each
circuit or county. In determining the | ||||||
8 | future funding for
the Redeploy Illinois Program under this | ||||||
9 | Act, the
evaluation shall include, as a primary indicator | ||||||
10 | of
success, a decreased number of confinement days for the
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11 | county's juvenile offenders.
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12 | (f) Any Redeploy Illinois Program allocations not
applied | ||||||
13 | for and approved by the Department of Human Services
shall be
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14 | available for redistribution to approved plans for the
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15 | remainder of that fiscal year. Any county that invests local
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16 | moneys in the Redeploy Illinois Program shall be given first
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17 | consideration for any redistribution of allocations. | ||||||
18 | Jurisdictions
participating in Redeploy Illinois that exceed | ||||||
19 | their agreed upon level of
commitments to the Department of | ||||||
20 | Juvenile Justice shall reimburse the
Department of Corrections | ||||||
21 | for each commitment above the agreed upon
level.
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22 | (g) Implementation of Redeploy Illinois.
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23 | (1) Oversight of Redeploy Illinois Planning Phase .
| ||||||
24 | (i) Redeploy Illinois Oversight Board. The | ||||||
25 | Department of Human Services
shall convene an | ||||||
26 | oversight board to oversee the develop plans for a |
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1 | pilot Redeploy
Illinois
Program. The Board shall | ||||||
2 | include, but not be limited to, designees from the
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3 | Department of Juvenile Justice, the Administrative | ||||||
4 | Office of Illinois Courts,
the Illinois
Juvenile | ||||||
5 | Justice Commission, the Illinois Criminal Justice | ||||||
6 | Information
Authority,
the Department of Children and | ||||||
7 | Family Services, the State Board of Education,
the
Cook | ||||||
8 | County State's Attorney, and a State's Attorney | ||||||
9 | selected by the President
of the
Illinois State's | ||||||
10 | Attorney's Association , the Cook County Public | ||||||
11 | Defender, a representative of the defense bar | ||||||
12 | appointed by the Chief Justice of the Illinois Supreme | ||||||
13 | Court, a representative of probation appointed by the | ||||||
14 | Chief Justice of the Illinois Supreme Court, and | ||||||
15 | judicial representation appointed by the Chief Justice | ||||||
16 | of the Illinois Supreme Court. Up to an additional 9 | ||||||
17 | members may be appointed by the Secretary of Human | ||||||
18 | Services from recommendations by the Oversight Board; | ||||||
19 | these appointees shall possess a knowledge of juvenile | ||||||
20 | justice issues and reflect the collaborative | ||||||
21 | public/private relationship of Redeploy programs .
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22 | (ii) Responsibilities of the Redeploy Illinois | ||||||
23 | Oversight
Board. The Oversight Board shall:
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24 | (A) Identify jurisdictions to be included in | ||||||
25 | the invited in the initial
pilot program of | ||||||
26 | Redeploy Illinois.
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1 | (B) Develop a formula for reimbursement of | ||||||
2 | local
jurisdictions for local and community-based | ||||||
3 | services
utilized in lieu of commitment to the | ||||||
4 | Department of
Juvenile Justice, as well as for any | ||||||
5 | charges for local
jurisdictions for commitments | ||||||
6 | above the agreed upon
limit in the approved plan.
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7 | (C) Identify resources sufficient to support | ||||||
8 | the
administration and evaluation of Redeploy | ||||||
9 | Illinois.
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10 | (D) Develop a process and identify resources | ||||||
11 | to
support on-going monitoring and evaluation of
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12 | Redeploy Illinois.
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13 | (E) Develop a process and identify resources | ||||||
14 | to
support training on Redeploy Illinois.
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15 | (E-5) Review proposed individualized | ||||||
16 | agreements and approve where appropriate the | ||||||
17 | distribution of resources. | ||||||
18 | (F) Report to the Governor and the General | ||||||
19 | Assembly
on an annual basis on the progress of | ||||||
20 | Redeploy
Illinois.
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21 | (iii) Length of Planning Phase. The planning phase | ||||||
22 | may last
up to, but may in no event last longer than, | ||||||
23 | July 1, 2004.
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24 | (2) (Blank). Pilot Phase. In the second phase of the | ||||||
25 | Redeploy Illinois
program, the Department of Human | ||||||
26 | Services shall implement
several pilot programs of |
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1 | Redeploy Illinois in counties or groups of
counties as | ||||||
2 | identified by the Oversight Board. Annual review of
the | ||||||
3 | Redeploy Illinois program by the Oversight Board shall | ||||||
4 | include
recommendations for future sites for Redeploy | ||||||
5 | Illinois.
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6 | (3) There shall be created the Redeploy County Review | ||||||
7 | Committee composed of the designees of the Secretary of | ||||||
8 | Human Services and the Directors of Juvenile Justice, of | ||||||
9 | Children and Family Services, and of the Governor's Office | ||||||
10 | of Management and Budget who shall constitute a | ||||||
11 | subcommittee of the Redeploy
Illinois Oversight Board. | ||||||
12 | (h) Responsibilities of the County Review Committee. The | ||||||
13 | County Review Committee shall: | ||||||
14 | (1) Review individualized agreements from counties | ||||||
15 | requesting resources on an occasional basis for services | ||||||
16 | for youth described in subsection (d-5). | ||||||
17 | (2) Report its decisions to the Redeploy Illinois | ||||||
18 | Oversight Board at regularly scheduled meetings. | ||||||
19 | (3) Monitor the effectiveness of the resources in | ||||||
20 | meeting the mandates of the Redeploy Illinois program set | ||||||
21 | forth in this Section so these results might be included in | ||||||
22 | the Report described in clause (g)(1)(ii)(F). | ||||||
23 | (4) During the third quarter, assess the amount of | ||||||
24 | remaining funds available and necessary to complete the | ||||||
25 | fiscal year so that any unused funds may be distributed as | ||||||
26 | defined in subsection (f). |
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1 | (5) Ensure that the number of youth from any applicant | ||||||
2 | county receiving individualized resources will not exceed | ||||||
3 | the previous three-year average of Redeploy eligible | ||||||
4 | recipients and that counties are in conformity with all | ||||||
5 | other elements of this law. | ||||||
6 | (i) Implementation of this Section is subject to | ||||||
7 | appropriation. | ||||||
8 | (j) Rulemaking authority to implement this amendatory Act | ||||||
9 | of the 95th General Assembly, if any, is conditioned on the | ||||||
10 | rules being adopted in accordance with all provisions of and | ||||||
11 | procedures and rules implementing the Illinois Administrative | ||||||
12 | Procedure Act; any purported rule not so adopted, for whatever | ||||||
13 | reason, is unauthorized. | ||||||
14 | (Source: P.A. 93-641, eff. 12-31-03; 94-696, eff. 6-1-06; | ||||||
15 | 94-1032, eff. 1-1-07.) |