95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2243


 
Introduced 2/14/2008, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		







 




730 ILCS 110/16.1










    Amends the Probation and Probation Officers Act.  Makes a technical change in
a Section concerning the Redeploy Illinois Program.
















LRB095 17560 RLC 43634 b

















 


 


A BILL FOR









 











SB2243

LRB095 17560 RLC 43634 b






1
    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
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)

7
    Sec. 16.1. Redeploy Illinois Program.


8
    (a) The purpose of this this Section is to encourage the

9
deinstitutionalization of juvenile offenders establishing

10
pilot projects in counties or groups of counties that

11
reallocate State funds from juvenile correctional confinement

12
to local jurisdictions, which will establish a continuum of

13
local, community-based sanctions and treatment alternatives

14
for juvenile offenders who would be incarcerated if those
local 
15
services and sanctions did not exist. The allotment of
funds 
16
will be based on a formula that rewards local
jurisdictions for 
17
the establishment or expansion of local
alternatives to 
18
incarceration, and requires them to pay for
utilization of 
19
incarceration as a sanction. This redeployment
of funds shall 
20
be made in a manner consistent with the
Juvenile Court Act of 
21
1987 and the following purposes and
policies:


22
        (1) The juvenile justice system should protect the

23
    community, impose accountability to victims and 
 


 






SB2243
- 2 -
LRB095 17560 RLC 43634 b




1
    communities for
violations of law,
and equip juvenile 
2
    offenders with competencies to live
responsibly and 
3
    productively.


4
        (2) Juveniles should be treated in the least

5
    restrictive manner possible while maintaining the safety

6
    of the community.


7
        (3) A continuum of services and sanctions from
least 
8
    restrictive to most restrictive should be available
in 
9
    every community.


10
        (4) There should be local responsibility and
authority 
11
    for planning, organizing, and coordinating
service 
12
    resources in the community. People in the
community can 
13
    best choose a range of services which
reflect community 
14
    values and meet the needs of their own
youth.

15
        (5) Juveniles who pose a threat to the community or

16
    themselves need special care, including secure settings.

17
    Such services as detention, long-term incarceration, or

18
    residential treatment are too costly to provide in each

19
    community and should be coordinated and provided on a

20
    regional or Statewide basis.


21
        (6) The roles of State and local government in
creating 
22
    and maintaining services to youth in the
juvenile justice 
23
    system should be clearly defined. The
role of the State is 
24
    to fund services, set standards of
care, train service 
25
    providers, and monitor the
integration and coordination of 
26
    services. The role of
local government should be to oversee 
 


 






SB2243
- 3 -
LRB095 17560 RLC 43634 b




1
    the provision of
services.

2
    (b) Each county or circuit participating in the pilot

3
program must create a local plan demonstrating how it will

4
reduce the county or circuit's utilization of secure

5
confinement of juvenile offenders in the Illinois Department
of 
6
Juvenile Justice or county detention centers by the creation or

7
expansion of individualized services or programs that may

8
include but are not limited to the following:

9
        (1) Assessment and evaluation services to provide
the 
10
    juvenile justice system with accurate individualized
case 
11
    information on each juvenile offender including
mental 
12
    health, substance abuse, educational, and family

13
    information;

14
        (2) Direct services to individual juvenile
offenders 
15
    including educational, vocational, mental
health, 
16
    substance abuse, supervision, and service
coordination; 
17
    and


18
        (3) Programs that seek to restore the offender to
the 
19
    community, such as victim offender panels, teen
courts, 
20
    competency building, enhanced accountability
measures, 
21
    restitution, and community service.
The local plan must be 
22
    directed in such a manner as to
emphasize an individualized 
23
    approach to providing services to
juvenile offenders in an 
24
    integrated community based system
including probation as 
25
    the broker of services. The plan must
also detail the 
26
    reduction in utilization of secure
confinement.
The local 
 


 






SB2243
- 4 -
LRB095 17560 RLC 43634 b




1
    plan shall be limited to services and shall not
include 
2
    costs for:

3
            (i) capital expenditures;

4
            (ii) renovations or remodeling;

5
            (iii) personnel costs for probation.

6
    The local plan shall be submitted to the Department of 
7
Human
Services.


8
    (c) A county or group of counties may develop an
agreement 
9
with the Department of Human Services to reduce their
number of

10
commitments of juvenile offenders, excluding minors sentenced

11
based upon a finding of guilt of first degree murder or an 
12
offense which is a
Class X forcible felony as defined in the 
13
Criminal Code of 1961, to the
Department of
Juvenile Justice, 
14
and then use the savings to develop local
programming for youth 
15
who would otherwise have been committed
to the Department of 
16
Juvenile Justice. A county or group of
counties shall agree to 
17
limit their commitments to 75% of the
level of commitments from 
18
the average number of juvenile
commitments for the past 3 
19
years, and will receive the
savings to redeploy for local 
20
programming for juveniles who
would otherwise be held in 
21
confinement. For any county or group of counties with a 
22
decrease of juvenile commitments of at least 25%,  based on the 
23
average reductions of the prior 3 years, which are chosen to 
24
participate or continue as pilot sites, the Redeploy Illinois 
25
Oversight Board has the authority to reduce the required 
26
percentage of future commitments to achieve the purpose of this 
 


 






SB2243
- 5 -
LRB095 17560 RLC 43634 b




1
Section. The agreement shall
set forth the following:

2
        (1) a Statement of the number and type of juvenile

3
    offenders from the county who were held in secure

4
    confinement by the Illinois Department of Juvenile Justice 
5
    or
in county detention the previous year, and an 
6
    explanation
of which, and how many, of these offenders 
7
    might be
served through the proposed Redeploy Illinois 
8
    Program for
which the funds shall be used;

9
        (2) a Statement of the service needs of currently

10
    confined juveniles;


11
        (3) a Statement of the type of services and
programs to 
12
    provide for the individual needs of the
juvenile offenders, 
13
    and the research or evidence base
that qualifies those 
14
    services and programs as proven or
promising practices;


15
        (4) a budget indicating the costs of each service
or 
16
    program to be funded under the plan;

17
        (5) a summary of contracts and service agreements

18
    indicating the treatment goals and number of juvenile

19
    offenders to be served by each service provider; and

20
        (6) a Statement indicating that the Redeploy
Illinois 
21
    Program will not duplicate existing services and
programs. 
22
    Funds for this plan shall not supplant existing
county 
23
    funded programs.


24
    (d) (Blank).


25
    (e) The Department of Human Services shall be responsible 
26
for
the
following:


 


 






SB2243
- 6 -
LRB095 17560 RLC 43634 b




1
        (1) Reviewing each Redeploy Illinois Program plan
for 
2
    compliance with standards established for such plans.
A 
3
    plan may be approved as submitted, approved with

4
    modifications, or rejected. No plan shall be considered
for 
5
    approval if the circuit or county is not in full
compliance 
6
    with all regulations, standards and guidelines
pertaining 
7
    to the delivery of basic probation services as
established 
8
    by the Supreme Court.

9
        (2) Monitoring on a continual basis and evaluating

10
    annually both the program and its fiscal activities in
all 
11
    counties receiving an allocation under the Redeploy

12
    Illinois Program. Any program or service that has not met

13
    the goals and objectives of its contract or service

14
    agreement shall be subject to denial for funding in

15
    subsequent years. The Department of Human Services shall

16
    evaluate the
effectiveness of the Redeploy Illinois 
17
    Program in each
circuit or county. In determining the 
18
    future funding for
the Redeploy Illinois Program under this 
19
    Act, the
evaluation shall include, as a primary indicator 
20
    of
success, a decreased number of confinement days for the

21
    county's juvenile offenders.


22
    (f) Any Redeploy Illinois Program allocations not
applied 
23
for and approved by the Department of Human Services
shall be

24
available for redistribution to approved plans for the

25
remainder of that fiscal year. Any county that invests local

26
moneys in the Redeploy Illinois Program shall be given first

 


 






SB2243
- 7 -
LRB095 17560 RLC 43634 b




1
consideration for any redistribution of allocations. 
2
Jurisdictions
participating in Redeploy Illinois that exceed 
3
their agreed upon level of
commitments to the Department of 
4
Juvenile Justice shall reimburse the
Department of Corrections 
5
for each commitment above the agreed upon
level.


6
    (g) Implementation of Redeploy Illinois.


7
        (1) Planning Phase.


8
            (i) Redeploy Illinois Oversight Board. The 
9
        Department of Human Services
shall convene an 
10
        oversight board to develop plans for a pilot Redeploy

11
        Illinois
Program. The Board shall include, but not be 
12
        limited to, designees from the
Department of Juvenile 
13
        Justice, the Administrative Office of Illinois Courts,

14
        the Illinois
Juvenile Justice Commission, the Illinois 
15
        Criminal Justice Information
Authority,
the Department 
16
        of Children and Family Services, the State Board of 
17
        Education,
the
Cook County State's Attorney, and a 
18
        State's Attorney selected by the President
of the

19
        Illinois State's Attorney's Association.


20
            (ii) Responsibilities of the Redeploy Illinois 
21
        Oversight
Board. The Oversight Board shall:

22
                (A) Identify jurisdictions to be invited in 
23
            the initial
pilot program of Redeploy Illinois.


24
                (B) Develop a formula for reimbursement of 
25
            local
jurisdictions for local and community-based 
26
            services
utilized in lieu of commitment to the 
 


 






SB2243
- 8 -
LRB095 17560 RLC 43634 b




1
            Department of
Juvenile Justice, as well as for any 
2
            charges for local
jurisdictions for commitments 
3
            above the agreed upon
limit in the approved plan.

4
                (C) Identify resources sufficient to support 
5
            the
administration and evaluation of Redeploy 
6
            Illinois.


7
                (D) Develop a process and identify resources 
8
            to
support on-going monitoring and evaluation of

9
            Redeploy Illinois.


10
                (E) Develop a process and identify resources 
11
            to
support training on Redeploy Illinois.

12
                (F) Report to the Governor and the General 
13
            Assembly
on an annual basis on the progress of 
14
            Redeploy
Illinois.

15
            (iii) Length of Planning Phase. The planning phase 
16
        may last
up to, but may in no event last longer than, 
17
        July 1, 2004.


18
        (2) Pilot Phase. In the second phase of the Redeploy 
19
    Illinois
program, the Department of Human Services shall 
20
    implement
several pilot programs of Redeploy Illinois in 
21
    counties or groups of
counties as identified by the 
22
    Oversight Board. Annual review of
the Redeploy Illinois 
23
    program by the Oversight Board shall include

24
    recommendations for future sites for Redeploy Illinois.


25
(Source: P.A. 93-641, eff. 12-31-03; 94-696, eff. 6-1-06; 
26
94-1032, eff. 1-1-07.)