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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,
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3 | represented in the General Assembly:
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4 | (30 ILCS 105/5.710 rep.) | ||||||
5 | Section 5. The State Finance Act is amended by repealing | ||||||
6 | Section 5.710 added by Public Act 95-773. | ||||||
7 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
8 | amended by changing Section 110-5 as follows:
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9 | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
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10 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
11 | of release.
| ||||||
12 | (a) In determining the amount of monetary bail or | ||||||
13 | conditions of release, if
any,
which will reasonably assure the | ||||||
14 | appearance of a defendant as required or
the safety of any | ||||||
15 | other person or the community and the likelihood of
compliance | ||||||
16 | by the
defendant with all the conditions of bail, the court | ||||||
17 | shall, on the
basis of available information, take into account | ||||||
18 | such matters as the
nature and circumstances of the offense | ||||||
19 | charged, whether the evidence
shows that as part of the offense | ||||||
20 | there was a use of violence or threatened
use of violence, | ||||||
21 | whether the offense involved corruption of public
officials or | ||||||
22 | employees, whether there was physical harm or threats of |
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1 | physical
harm to any
public official, public employee, judge, | ||||||
2 | prosecutor, juror or witness,
senior citizen, child or | ||||||
3 | handicapped person, whether evidence shows that
during the | ||||||
4 | offense or during the arrest the defendant possessed or used a
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5 | firearm, machine gun, explosive or metal piercing ammunition or | ||||||
6 | explosive
bomb device or any military or paramilitary armament,
| ||||||
7 | whether the evidence
shows that the offense committed was | ||||||
8 | related to or in furtherance of the
criminal activities of an | ||||||
9 | organized gang or was motivated by the defendant's
membership | ||||||
10 | in or allegiance to an organized gang,
the condition of the
| ||||||
11 | victim, any written statement submitted by the victim or | ||||||
12 | proffer or
representation by the State regarding the
impact | ||||||
13 | which the alleged criminal conduct has had on the victim and | ||||||
14 | the
victim's concern, if any, with further contact with the | ||||||
15 | defendant if
released on bail, whether the offense was based on | ||||||
16 | racial, religious,
sexual orientation or ethnic hatred,
the | ||||||
17 | likelihood of the filing of a greater charge, the likelihood of
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18 | conviction, the sentence applicable upon conviction, the | ||||||
19 | weight of the evidence
against such defendant, whether there | ||||||
20 | exists motivation or ability to
flee, whether there is any | ||||||
21 | verification as to prior residence, education,
or family ties | ||||||
22 | in the local jurisdiction, in another county,
state or foreign | ||||||
23 | country, the defendant's employment, financial resources,
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24 | character and mental condition, past conduct, prior use of | ||||||
25 | alias names or
dates of birth, and length of residence in the | ||||||
26 | community,
the consent of the defendant to periodic drug |
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1 | testing in accordance with
Section 110-6.5,
whether a foreign | ||||||
2 | national defendant is lawfully admitted in the United
States of | ||||||
3 | America, whether the government of the foreign national
| ||||||
4 | maintains an extradition treaty with the United States by which | ||||||
5 | the foreign
government will extradite to the United States its | ||||||
6 | national for a trial for
a crime allegedly committed in the | ||||||
7 | United States, whether the defendant is
currently subject to | ||||||
8 | deportation or exclusion under the immigration laws of
the | ||||||
9 | United States, whether the defendant, although a United States | ||||||
10 | citizen,
is considered under the law of any foreign state a | ||||||
11 | national of that state
for the purposes of extradition or | ||||||
12 | non-extradition to the United States,
the amount of unrecovered | ||||||
13 | proceeds lost as a result of
the alleged offense, the
source of | ||||||
14 | bail funds tendered or sought to be tendered for bail,
whether | ||||||
15 | from the totality of the court's consideration,
the loss of | ||||||
16 | funds posted or sought to be posted for bail will not deter the
| ||||||
17 | defendant from flight, whether the evidence shows that the | ||||||
18 | defendant is
engaged in significant
possession, manufacture, | ||||||
19 | or delivery of a controlled substance or cannabis,
either | ||||||
20 | individually or in consort with others,
whether at the time of | ||||||
21 | the offense
charged he was on bond or pre-trial release pending | ||||||
22 | trial, probation,
periodic imprisonment or conditional | ||||||
23 | discharge pursuant to this Code or the
comparable Code of any | ||||||
24 | other state or federal jurisdiction, whether the
defendant is | ||||||
25 | on bond or
pre-trial release pending the imposition or | ||||||
26 | execution of sentence or appeal of
sentence for any offense |
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1 | under the laws of Illinois or any other state or
federal | ||||||
2 | jurisdiction, whether the defendant is under parole or | ||||||
3 | mandatory
supervised release or
work release from the Illinois | ||||||
4 | Department of Corrections or any penal
institution or | ||||||
5 | corrections department of any state or federal
jurisdiction, | ||||||
6 | the defendant's record of convictions, whether the defendant | ||||||
7 | has been
convicted of a misdemeanor or ordinance offense in | ||||||
8 | Illinois or similar
offense in other state or federal | ||||||
9 | jurisdiction within the 10 years
preceding the current charge | ||||||
10 | or convicted of a felony in Illinois, whether
the defendant was | ||||||
11 | convicted of an offense in another state or federal
| ||||||
12 | jurisdiction that would
be a felony if committed in Illinois | ||||||
13 | within the 20 years preceding the
current charge or has been | ||||||
14 | convicted of such felony and released from the
penitentiary | ||||||
15 | within 20 years preceding the current charge if a
penitentiary | ||||||
16 | sentence was imposed in Illinois or other state or federal
| ||||||
17 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
18 | of delinquency in any
jurisdiction, any record of appearance or | ||||||
19 | failure to appear by
the defendant at
court proceedings, | ||||||
20 | whether there was flight to avoid arrest or
prosecution, | ||||||
21 | whether the defendant escaped or
attempted to escape to avoid | ||||||
22 | arrest, whether the defendant refused to
identify himself, or | ||||||
23 | whether there was a refusal by the defendant to be
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24 | fingerprinted as required by law. Information used by the court | ||||||
25 | in its
findings or stated in or
offered in connection with this | ||||||
26 | Section may be by way of proffer based upon
reliable |
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| |||||||
1 | information offered by the State or defendant.
All evidence | ||||||
2 | shall be admissible if it is relevant and
reliable regardless | ||||||
3 | of whether it would be admissible under the rules of
evidence | ||||||
4 | applicable at criminal trials.
If the State presents evidence | ||||||
5 | that the offense committed by the defendant
was related to or | ||||||
6 | in furtherance of the criminal activities of an organized
gang | ||||||
7 | or was motivated by the defendant's membership in or allegiance | ||||||
8 | to an
organized gang, and if the court determines that the | ||||||
9 | evidence may be
substantiated, the court shall prohibit the | ||||||
10 | defendant from associating with
other members of the organized | ||||||
11 | gang as a condition of bail or release.
For the purposes of | ||||||
12 | this Section,
"organized gang" has the meaning ascribed to it | ||||||
13 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
14 | Prevention Act.
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15 | (b) The amount of bail shall be:
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16 | (1) Sufficient to assure compliance with the | ||||||
17 | conditions set forth in the
bail bond, which shall include | ||||||
18 | the defendant's current address with a written
| ||||||
19 | admonishment to the defendant that he or she must comply | ||||||
20 | with the provisions of
Section 110-12 regarding any change | ||||||
21 | in his or her address. The defendant's
address shall at all | ||||||
22 | times remain a matter of public record with the clerk
of | ||||||
23 | the court.
| ||||||
24 | (2) Not oppressive.
| ||||||
25 | (3) Considerate of the financial ability of the | ||||||
26 | accused.
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1 | (4) When a person is charged with a drug related | ||||||
2 | offense involving
possession or delivery of cannabis or | ||||||
3 | possession or delivery of a
controlled substance as defined | ||||||
4 | in the Cannabis Control Act,
the Illinois Controlled | ||||||
5 | Substances Act, or the Methamphetamine Control and | ||||||
6 | Community Protection Act, the full street value
of the | ||||||
7 | drugs seized shall be considered. "Street value" shall be
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8 | determined by the court on the basis of a proffer by the | ||||||
9 | State based upon
reliable information of a law enforcement | ||||||
10 | official contained in a written
report as to the amount | ||||||
11 | seized and such proffer may be used by the court as
to the | ||||||
12 | current street value of the smallest unit of the drug | ||||||
13 | seized.
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14 | (b-5) Upon the filing of a written request demonstrating | ||||||
15 | reasonable cause, the State's Attorney may request a source of | ||||||
16 | bail hearing either before or after the posting of any funds.
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17 | If the hearing is granted, before the posting of any bail, the | ||||||
18 | accused must file a written notice requesting that the court | ||||||
19 | conduct a source of bail hearing. The notice must be | ||||||
20 | accompanied by justifying affidavits stating the legitimate | ||||||
21 | and lawful source of funds for bail. At the hearing, the court | ||||||
22 | shall inquire into any matters stated in any justifying | ||||||
23 | affidavits, and may also inquire into matters appropriate to | ||||||
24 | the determination which shall include, but are not limited to, | ||||||
25 | the following: | ||||||
26 | (1) the background, character, reputation, and |
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1 | relationship to the accused of any surety; and | ||||||
2 | (2) the source of any money or property deposited by | ||||||
3 | any surety, and whether any such money or property | ||||||
4 | constitutes the fruits of criminal or unlawful conduct; and | ||||||
5 | (3) the source of any money posted as cash bail, and | ||||||
6 | whether any such money constitutes the fruits of criminal | ||||||
7 | or unlawful conduct; and | ||||||
8 | (4) the background, character, reputation, and | ||||||
9 | relationship to the accused of the person posting cash | ||||||
10 | bail. | ||||||
11 | Upon setting the hearing, the court shall examine, under | ||||||
12 | oath, any persons who may possess material information. | ||||||
13 | The State's Attorney has a right to attend the hearing, to | ||||||
14 | call witnesses and to examine any witness in the proceeding. | ||||||
15 | The court shall, upon request of the State's Attorney, continue | ||||||
16 | the proceedings for a reasonable period to allow the State's | ||||||
17 | Attorney to investigate the matter raised in any testimony or | ||||||
18 | affidavit.
If the hearing is granted after the accused has | ||||||
19 | posted bail, the court shall conduct a hearing consistent with | ||||||
20 | this subsection (b-5). At the conclusion of the hearing, the | ||||||
21 | court must issue an order either approving of disapproving the | ||||||
22 | bail.
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23 | (c) When a person is charged with an offense punishable by | ||||||
24 | fine only the
amount of the bail shall not exceed double the | ||||||
25 | amount of the maximum penalty.
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26 | (d) When a person has been convicted of an offense and only |
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1 | a fine has
been imposed the amount of the bail shall not exceed | ||||||
2 | double the amount of
the fine.
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3 | (e) The State may appeal any order granting bail or setting
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4 | a given amount for bail. | ||||||
5 | (f) When a person is charged with a violation of an order | ||||||
6 | of protection under Section 12-30 of the Criminal Code of 1961, | ||||||
7 | (1) whether the alleged incident involved harassment | ||||||
8 | or abuse, as defined in the Illinois Domestic Violence Act | ||||||
9 | of 1986; | ||||||
10 | (2) whether the person has a history of domestic | ||||||
11 | violence, as defined in the Illinois Domestic Violence Act, | ||||||
12 | or a history of other criminal acts; | ||||||
13 | (3) based on the mental health of the person; | ||||||
14 | (4) whether the person has a history of violating the | ||||||
15 | orders of any court or governmental entity; | ||||||
16 | (5) whether the person has been, or is, potentially a | ||||||
17 | threat to any other person; | ||||||
18 | (6) whether the person has access to deadly weapons or | ||||||
19 | a history of using deadly weapons; | ||||||
20 | (7) whether the person has a history of abusing alcohol | ||||||
21 | or any controlled substance; | ||||||
22 | (8) based on the severity of the alleged incident that | ||||||
23 | is the basis of the alleged offense, including, but not | ||||||
24 | limited to, the duration of the current incident, and | ||||||
25 | whether the alleged incident involved physical injury, | ||||||
26 | sexual assault, strangulation, abuse during the alleged |
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1 | victim's pregnancy, abuse of pets, or forcible entry to | ||||||
2 | gain access to the alleged victim; | ||||||
3 | (9) whether a separation of the person from the alleged | ||||||
4 | victim or a termination of the relationship between the | ||||||
5 | person and the alleged victim has recently occurred or is | ||||||
6 | pending; | ||||||
7 | (10) whether the person has exhibited obsessive or | ||||||
8 | controlling behaviors toward the alleged victim, | ||||||
9 | including, but not limited to, stalking, surveillance, or | ||||||
10 | isolation of the alleged victim or victim's family member | ||||||
11 | or members; | ||||||
12 | (11) whether the person has expressed suicidal or | ||||||
13 | homicidal ideations; | ||||||
14 | (12) based on any information contained in the | ||||||
15 | complaint and any police reports, affidavits, or other | ||||||
16 | documents accompanying the complaint, | ||||||
17 | the court may, in its discretion, shall order the respondent to | ||||||
18 | undergo a risk assessment evaluation conducted by at an | ||||||
19 | Illinois Department of Human Services protocol approved | ||||||
20 | partner abuse intervention program provider, pretrial service, | ||||||
21 | probation, or parole agency. These agencies shall have access | ||||||
22 | to summaries of the defendant's criminal history, which shall | ||||||
23 | not include victim interviews or information, for the risk | ||||||
24 | evaluation . Based on the information collected from the 12 | ||||||
25 | points to be considered at a bail hearing for a violation of an | ||||||
26 | order of protection, the results of any risk evaluation |
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1 | conducted results of the risk assessment and the other | ||||||
2 | circumstances of the violation, the court may order that the | ||||||
3 | person, as a condition of bail, be placed under electronic | ||||||
4 | surveillance as provided in Section 5-8A-7 of the Unified Code | ||||||
5 | of Corrections.
| ||||||
6 | (Source: P.A. 94-556, eff. 9-11-05; 95-773, eff. 1-1-09.)
| ||||||
7 | Section 15. The Unified Code of Corrections is amended by | ||||||
8 | changing Sections 5-8A-7 and 5-9-1.16 as follows: | ||||||
9 | (730 ILCS 5/5-8A-7)
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10 | Sec. 5-8A-7. Domestic violence surveillance program. If | ||||||
11 | the Prisoner Review Board, Department of Corrections, or court | ||||||
12 | (the supervising authority) orders electronic surveillance as | ||||||
13 | a condition of parole, mandatory supervised release, early | ||||||
14 | release, probation, or conditional discharge for a violation of | ||||||
15 | an order of protection or as a condition of bail for a person | ||||||
16 | charged with a violation of an order of protection, the | ||||||
17 | supervising authority shall use the best available global | ||||||
18 | positioning technology to track domestic violence offenders. | ||||||
19 | Best available technology must have real-time and interactive | ||||||
20 | capabilities that facilitate the following objectives: (1) | ||||||
21 | immediate notification to the supervising authority of a breach | ||||||
22 | of a court ordered exclusion zone; (2) notification of the | ||||||
23 | breach to the offender; and (3) communication between the | ||||||
24 | supervising authority, law enforcement, and the victim, |
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1 | regarding the breach. Such capabilities should include | ||||||
2 | technology that (1) immediately notifies law enforcement or | ||||||
3 | other monitors of any breach of the court ordered inclusion | ||||||
4 | zone boundaries; (2) notifies the victim in near-real time of | ||||||
5 | any breach; (3) allows monitors to speak to the offender | ||||||
6 | through a cell phone implanted in the bracelet device; and (4) | ||||||
7 | has a loud alarm that can be activated to warn the potential | ||||||
8 | victim of the offender's presence in a forbidden zone.
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9 | (Source: P.A. 95-773, eff. 1-1-09.) | ||||||
10 | (730 ILCS 5/5-9-1.16) | ||||||
11 | Sec. 5-9-1.16. Protective order violation fees fines . | ||||||
12 | (a) There shall be added to every penalty imposed in | ||||||
13 | sentencing for a violation of an order of protection under | ||||||
14 | Section 12-30 of the Criminal Code of 1961 an additional fee | ||||||
15 | fine to be set in an amount not less than $200 to be imposed | ||||||
16 | upon a plea of guilty or finding of guilty resulting in a | ||||||
17 | judgment of conviction. | ||||||
18 | (b)
Such additional amount shall be assessed by the court | ||||||
19 | imposing sentence and shall be collected by the Circuit Clerk | ||||||
20 | in addition to the fine, if any, and costs in the case to be | ||||||
21 | used by the supervising authority in implementing the domestic | ||||||
22 | violence surveillance program. The clerk of the circuit court | ||||||
23 | shall pay all monies collected from this fee to the county | ||||||
24 | treasurer for deposit in the probation and court services fund | ||||||
25 | under Section 15.1 of the Probation and Probations Officers |
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| |||||||
1 | Act. | ||||||
2 | (c) The supervising authority of a domestic violence | ||||||
3 | surveillance program under Section 5-8A-7 of this Act shall | ||||||
4 | assess a person either convicted of, or charged with, the | ||||||
5 | violation of an order of protection an additional fee to cover | ||||||
6 | the costs of providing the equipment used and the additional | ||||||
7 | supervision needed for such domestic violence surveillance | ||||||
8 | program. If the court finds that the fee would impose an undue | ||||||
9 | burden on the victim, the court may reduce or waive the fee. | ||||||
10 | The court shall order that the defendant may not use funds | ||||||
11 | belonging solely to the victim of the offense for payment of | ||||||
12 | the fee. | ||||||
13 | When the supervising authority is the court or the | ||||||
14 | probation and court services department, the fee shall be | ||||||
15 | collected by the circuit court clerk. The clerk of the circuit | ||||||
16 | court shall pay all monies collected from this fee and all | ||||||
17 | other required probation fees that are assessed to the county | ||||||
18 | treasurer for deposit in the probation and court services fund | ||||||
19 | under Section 15.1 of the Probation and Probations Officers | ||||||
20 | Act. In counties with a population of 2 million or more, when | ||||||
21 | the supervising authority is the court or the probation and | ||||||
22 | court services department, the fee shall be collected by the | ||||||
23 | supervising authority. In these counties, the supervising | ||||||
24 | authority shall pay all monies collected from this fee and all | ||||||
25 | other required probation fees that are assessed, to the county | ||||||
26 | treasurer for deposit in the probation and court services fund |
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| |||||||
1 | under Section 15.1 of the Probation and Probation Officers Act. | ||||||
2 | When the supervising authority is the Department of | ||||||
3 | Corrections, the Department shall collect the fee for deposit | ||||||
4 | into the Illinois Department of Corrections "fund". Each such | ||||||
5 | additional penalty shall be remitted by the Circuit Clerk | ||||||
6 | within one month after receipt to the State Treasurer for | ||||||
7 | deposit into the Domestic Violence Surveillance Fund. The | ||||||
8 | Circuit Clerk shall retain 10% of such penalty and deposit that | ||||||
9 | percentage into the Circuit Court Clerk Operation and | ||||||
10 | Administrative Fund to cover the costs incurred in | ||||||
11 | administering and enforcing this Section. Such additional | ||||||
12 | penalty shall not be considered a part of the fine for purposes | ||||||
13 | of any reduction in the fine for time served either before or | ||||||
14 | after sentencing. | ||||||
15 | (c)
Not later than March 1 of each year the Clerk of the | ||||||
16 | Circuit Court shall submit to the State Comptroller a report of | ||||||
17 | the amount of funds remitted by him or her to the State | ||||||
18 | Treasurer under this Section during the preceding calendar | ||||||
19 | year. | ||||||
20 | (d) (Blank). Moneys in the Domestic Violence Surveillance | ||||||
21 | Fund shall be used by the supervising authority of a respondent | ||||||
22 | ordered to carry or wear a global positioning system device for | ||||||
23 | a violation of an order of protection under Section 12-30 of | ||||||
24 | the Criminal Code of 1961 to offset the costs of such | ||||||
25 | surveillance of the respondent. | ||||||
26 | (e) (Blank). For purposes of this Section "fees of the |
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| |||||||
1 | Circuit Clerk" shall include, if applicable, the fee provided | ||||||
2 | for under Section 27.3a of the Clerks of Courts Act and the | ||||||
3 | fee, if applicable, payable to the county in which the | ||||||
4 | violation occurred under Section 5-1101 of the Counties Code.
| ||||||
5 | (Source: P.A. 95-773, eff. 1-1-09.) | ||||||
6 | Section 20. The Probation and Probation Officers Act is | ||||||
7 | amended by changing Section 15 as follows:
| ||||||
8 | (730 ILCS 110/15) (from Ch. 38, par. 204-7)
| ||||||
9 | Sec. 15. (1) The Supreme Court of Illinois may establish a | ||||||
10 | Division of
Probation Services whose purpose shall be the | ||||||
11 | development, establishment,
promulgation, and enforcement of | ||||||
12 | uniform standards for probation services in
this State, and to | ||||||
13 | otherwise carry out the intent of this Act. The Division
may:
| ||||||
14 | (a) establish qualifications for chief probation | ||||||
15 | officers and other
probation and court services personnel | ||||||
16 | as to hiring, promotion, and training.
| ||||||
17 | (b) make available, on a timely basis, lists of those | ||||||
18 | applicants whose
qualifications meet the regulations | ||||||
19 | referred to herein, including on said
lists all candidates | ||||||
20 | found qualified.
| ||||||
21 | (c) establish a means of verifying the conditions for | ||||||
22 | reimbursement
under this Act and develop criteria for | ||||||
23 | approved costs for reimbursement.
| ||||||
24 | (d) develop standards and approve employee |
| |||||||
| |||||||
1 | compensation schedules for
probation and court services | ||||||
2 | departments.
| ||||||
3 | (e) employ sufficient personnel in the Division to | ||||||
4 | carry out the
functions of the Division.
| ||||||
5 | (f) establish a system of training and establish | ||||||
6 | standards for personnel
orientation and training.
| ||||||
7 | (g) develop standards for a system of record keeping | ||||||
8 | for cases and
programs, gather statistics, establish a | ||||||
9 | system of uniform forms, and
develop research for planning | ||||||
10 | of Probation
Services.
| ||||||
11 | (h) develop standards to assure adequate support | ||||||
12 | personnel, office
space, equipment and supplies, travel | ||||||
13 | expenses, and other essential items
necessary for | ||||||
14 | Probation and Court Services
Departments to carry out their
| ||||||
15 | duties.
| ||||||
16 | (i) review and approve annual plans submitted by
| ||||||
17 | Probation and Court
Services Departments.
| ||||||
18 | (j) monitor and evaluate all programs operated by
| ||||||
19 | Probation and Court
Services Departments, and may include | ||||||
20 | in the program evaluation criteria
such factors as the | ||||||
21 | percentage of Probation sentences for felons convicted
of | ||||||
22 | Probationable offenses.
| ||||||
23 | (k) seek the cooperation of local and State government | ||||||
24 | and private
agencies to improve the quality of probation | ||||||
25 | and
court services.
| ||||||
26 | (l) where appropriate, establish programs and |
| |||||||
| |||||||
1 | corresponding standards
designed to generally improve the | ||||||
2 | quality of
probation and court services
and reduce the rate | ||||||
3 | of adult or juvenile offenders committed to the
Department | ||||||
4 | of Corrections.
| ||||||
5 | (m) establish such other standards and regulations and | ||||||
6 | do all acts
necessary to carry out the intent and purposes | ||||||
7 | of this Act.
| ||||||
8 | The Division shall (n) develop standards to implement the | ||||||
9 | Domestic Violence Surveillance Program established under | ||||||
10 | Section 5-8A-7 of the Unified Code of Corrections , including | ||||||
11 | (i) procurement of equipment and other services necessary to | ||||||
12 | implement the program and (ii) development of uniform standards | ||||||
13 | for the delivery of the program through county probation | ||||||
14 | departments , and develop standards for collecting data to | ||||||
15 | evaluate the impact and costs of the Domestic Violence | ||||||
16 | Surveillance Program . | ||||||
17 | The Division shall establish a model list of structured | ||||||
18 | intermediate
sanctions that may be imposed by a probation | ||||||
19 | agency for violations of terms and
conditions of a sentence of | ||||||
20 | probation, conditional discharge, or supervision.
| ||||||
21 | The State of Illinois shall provide for the costs of | ||||||
22 | personnel, travel,
equipment, telecommunications, postage, | ||||||
23 | commodities, printing, space,
contractual services and other | ||||||
24 | related costs necessary to carry out the
intent of this Act.
| ||||||
25 | (2) (a) The chief judge of each circuit shall provide
| ||||||
26 | full-time probation services for all counties
within the |
| |||||||
| |||||||
1 | circuit, in a
manner consistent with the annual probation plan,
| ||||||
2 | the standards, policies,
and regulations established by the | ||||||
3 | Supreme Court. A
probation district of
two or more counties | ||||||
4 | within a circuit may be created for the purposes of
providing | ||||||
5 | full-time probation services. Every
county or group of
counties | ||||||
6 | within a circuit shall maintain a
probation department which | ||||||
7 | shall
be under the authority of the Chief Judge of the circuit | ||||||
8 | or some other
judge designated by the Chief Judge. The Chief | ||||||
9 | Judge, through the
Probation and Court Services Department | ||||||
10 | shall
submit annual plans to the
Division for probation and | ||||||
11 | related services.
| ||||||
12 | (b) The Chief Judge of each circuit shall appoint the Chief
| ||||||
13 | Probation
Officer and all other probation officers for his
or | ||||||
14 | her circuit from lists
of qualified applicants supplied by the | ||||||
15 | Supreme Court. Candidates for chief
managing officer and other | ||||||
16 | probation officer
positions must apply with both
the Chief | ||||||
17 | Judge of the circuit and the Supreme Court.
| ||||||
18 | (3) A Probation and Court Service Department
shall apply to | ||||||
19 | the
Supreme Court for funds for basic services, and may apply | ||||||
20 | for funds for new
and expanded programs or Individualized | ||||||
21 | Services and Programs. Costs shall
be reimbursed monthly based | ||||||
22 | on a plan and budget approved by the Supreme
Court. No | ||||||
23 | Department may be reimbursed for costs which exceed or are not
| ||||||
24 | provided for in the approved annual plan and budget. After the | ||||||
25 | effective
date of this amendatory Act of 1985, each county must | ||||||
26 | provide basic
services in accordance with the annual plan and |
| |||||||
| |||||||
1 | standards created by the
division. No department may receive | ||||||
2 | funds for new or expanded programs or
individualized services | ||||||
3 | and programs unless they are in compliance with
standards as | ||||||
4 | enumerated in paragraph (h) of subsection (1) of this Section,
| ||||||
5 | the annual plan, and standards for basic services.
| ||||||
6 | (4) The Division shall reimburse the county or counties for
| ||||||
7 | probation
services as follows:
| ||||||
8 | (a) 100% of the salary of all chief managing officers | ||||||
9 | designated as such
by the Chief Judge and the division.
| ||||||
10 | (b) 100% of the salary for all probation
officer and | ||||||
11 | supervisor
positions approved for reimbursement by the | ||||||
12 | division after April 1, 1984,
to meet workload standards | ||||||
13 | and to implement intensive sanction and
probation
| ||||||
14 | supervision
programs and other basic services as defined in | ||||||
15 | this Act.
| ||||||
16 | (c) 100% of the salary for all secure detention | ||||||
17 | personnel and non-secure
group home personnel approved for | ||||||
18 | reimbursement after December 1, 1990.
For all such | ||||||
19 | positions approved for reimbursement
before
December 1, | ||||||
20 | 1990, the counties shall be reimbursed $1,250 per month | ||||||
21 | beginning
July 1, 1995, and an additional $250 per month | ||||||
22 | beginning each July 1st
thereafter until the positions | ||||||
23 | receive 100% salary reimbursement.
Allocation of such | ||||||
24 | positions will be based on comparative need considering
| ||||||
25 | capacity, staff/resident ratio, physical plant and | ||||||
26 | program.
|
| |||||||
| |||||||
1 | (d) $1,000 per month for salaries for the remaining
| ||||||
2 | probation officer
positions engaged in basic services and | ||||||
3 | new or expanded services. All such
positions shall be | ||||||
4 | approved by the division in accordance with this Act and
| ||||||
5 | division standards.
| ||||||
6 | (e) 100% of the travel expenses in accordance with | ||||||
7 | Division standards
for all Probation positions approved | ||||||
8 | under
paragraph (b) of subsection 4
of this Section.
| ||||||
9 | (f) If the amount of funds reimbursed to the county | ||||||
10 | under paragraphs
(a) through (e) of subsection 4 of this | ||||||
11 | Section on an annual basis is less
than the amount the | ||||||
12 | county had received during the 12 month period
immediately | ||||||
13 | prior to the effective date of this amendatory Act of 1985,
| ||||||
14 | then the Division shall reimburse the amount of the | ||||||
15 | difference to the
county. The effect of paragraph (b) of | ||||||
16 | subsection 7 of this Section shall
be considered in | ||||||
17 | implementing this supplemental reimbursement provision.
| ||||||
18 | (5) The Division shall provide funds beginning on April 1, | ||||||
19 | 1987 for the
counties to provide Individualized Services and | ||||||
20 | Programs as provided in
Section 16 of this Act.
| ||||||
21 | (6) A Probation and Court Services Department
in order to | ||||||
22 | be eligible
for the reimbursement must submit to the Supreme | ||||||
23 | Court an application
containing such information and in such a | ||||||
24 | form and by such dates as the
Supreme Court may require. | ||||||
25 | Departments to be eligible for funding must
satisfy the | ||||||
26 | following conditions:
|
| |||||||
| |||||||
1 | (a) The Department shall have on file with the Supreme
| ||||||
2 | Court an annual Probation plan for continuing,
improved, | ||||||
3 | and
new Probation and Court Services Programs
approved by | ||||||
4 | the Supreme Court or its
designee. This plan shall indicate | ||||||
5 | the manner in which
Probation and Court
Services will be | ||||||
6 | delivered and improved, consistent with the minimum
| ||||||
7 | standards and regulations for Probation and Court
| ||||||
8 | Services, as established
by the Supreme Court. In counties | ||||||
9 | with more than one
Probation and Court
Services Department | ||||||
10 | eligible to receive funds, all Departments within that
| ||||||
11 | county must submit plans which are approved by the Supreme | ||||||
12 | Court.
| ||||||
13 | (b) The annual probation plan shall seek to
generally | ||||||
14 | improve the
quality of probation services and to reduce the
| ||||||
15 | commitment of adult offenders to the Department of | ||||||
16 | Corrections and to reduce the
commitment of juvenile | ||||||
17 | offenders to the Department of Juvenile Justice and shall | ||||||
18 | require, when
appropriate, coordination with the | ||||||
19 | Department of Corrections, the Department of Juvenile | ||||||
20 | Justice, and the
Department of Children and Family Services | ||||||
21 | in the development and use of
community resources, | ||||||
22 | information systems, case review and permanency
planning | ||||||
23 | systems to avoid the duplication of services.
| ||||||
24 | (c) The Department shall be in compliance with | ||||||
25 | standards developed by the
Supreme Court for basic, new and | ||||||
26 | expanded services, training, personnel
hiring and |
| |||||||
| |||||||
1 | promotion.
| ||||||
2 | (d) The Department shall in its annual plan indicate | ||||||
3 | the manner in which
it will support the rights of crime | ||||||
4 | victims and in which manner it will
implement Article I, | ||||||
5 | Section 8.1 of the Illinois Constitution and in what
manner | ||||||
6 | it will coordinate crime victims' support services with | ||||||
7 | other criminal
justice agencies within its jurisdiction, | ||||||
8 | including but not limited to, the
State's Attorney, the | ||||||
9 | Sheriff and any municipal police department.
| ||||||
10 | (7) No statement shall be verified by the Supreme Court or | ||||||
11 | its
designee or vouchered by the Comptroller unless each of the | ||||||
12 | following
conditions have been met:
| ||||||
13 | (a) The probation officer is a full-time
employee | ||||||
14 | appointed by the Chief
Judge to provide probation services.
| ||||||
15 | (b) The probation officer, in order to be
eligible for | ||||||
16 | State
reimbursement, is receiving a salary of at least | ||||||
17 | $17,000 per year.
| ||||||
18 | (c) The probation officer is appointed or
was | ||||||
19 | reappointed in accordance
with minimum qualifications or | ||||||
20 | criteria established by the Supreme
Court; however, all | ||||||
21 | probation officers appointed
prior to January 1, 1978,
| ||||||
22 | shall be exempted from the minimum requirements | ||||||
23 | established by the Supreme
Court. Payments shall be made to | ||||||
24 | counties employing these exempted
probation officers as | ||||||
25 | long as they are employed
in the position held on the
| ||||||
26 | effective date of this amendatory Act of 1985. Promotions |
| |||||||
| |||||||
1 | shall be
governed by minimum qualifications established by | ||||||
2 | the Supreme Court.
| ||||||
3 | (d) The Department has an established compensation | ||||||
4 | schedule approved by
the Supreme Court. The compensation | ||||||
5 | schedule shall include salary ranges
with necessary | ||||||
6 | increments to compensate each employee. The increments
| ||||||
7 | shall, within the salary ranges, be based on such factors | ||||||
8 | as bona fide
occupational qualifications, performance, and | ||||||
9 | length of service. Each
position in the Department shall be | ||||||
10 | placed on the compensation schedule
according to job duties | ||||||
11 | and responsibilities of such position. The policy
and | ||||||
12 | procedures of the compensation schedule shall be made | ||||||
13 | available to each
employee.
| ||||||
14 | (8) In order to obtain full reimbursement of all approved | ||||||
15 | costs, each
Department must continue to employ at least the | ||||||
16 | same number of
probation
officers and probation managers as | ||||||
17 | were
authorized for employment for the
fiscal year which | ||||||
18 | includes January 1, 1985. This number shall be designated
as | ||||||
19 | the base amount of the Department. No positions approved by the | ||||||
20 | Division
under paragraph (b) of subsection 4 will be included | ||||||
21 | in the base amount.
In the event that the Department employs | ||||||
22 | fewer
Probation officers and
Probation managers than the base | ||||||
23 | amount for a
period of 90 days, funding
received by the | ||||||
24 | Department under subsection 4 of this
Section may be reduced on | ||||||
25 | a monthly basis by the amount of the current
salaries of any | ||||||
26 | positions below the base amount.
|
| |||||||
| |||||||
1 | (9) Before the 15th day of each month, the treasurer of any | ||||||
2 | county which
has a Probation and Court Services Department, or
| ||||||
3 | the treasurer of the most
populous county, in the case of a | ||||||
4 | Probation or
Court Services Department
funded by more than one | ||||||
5 | county, shall submit an itemized statement of all
approved | ||||||
6 | costs incurred in the delivery of Basic
Probation and Court
| ||||||
7 | Services under this Act to the Supreme Court.
The treasurer may | ||||||
8 | also submit an itemized statement of all approved costs
| ||||||
9 | incurred in the delivery of new and expanded
Probation and | ||||||
10 | Court Services
as well as Individualized Services and Programs. | ||||||
11 | The Supreme Court or
its designee shall verify compliance with | ||||||
12 | this Section and shall examine
and audit the monthly statement | ||||||
13 | and, upon finding them to be correct, shall
forward them to the | ||||||
14 | Comptroller for payment to the county treasurer. In the
case of | ||||||
15 | payment to a treasurer of a county which is the most populous | ||||||
16 | of
counties sharing the salary and expenses of a
Probation and | ||||||
17 | Court Services
Department, the treasurer shall divide the money | ||||||
18 | between the counties in a
manner that reflects each county's | ||||||
19 | share of the cost incurred by the
Department.
| ||||||
20 | (10) The county treasurer must certify that funds received | ||||||
21 | under this
Section shall be used solely to maintain and improve
| ||||||
22 | Probation and Court
Services. The county or circuit shall | ||||||
23 | remain in compliance with all
standards, policies and | ||||||
24 | regulations established by the Supreme Court.
If at any time | ||||||
25 | the Supreme Court determines that a county or circuit is not
in | ||||||
26 | compliance, the Supreme Court shall immediately notify the |
| |||||||
| |||||||
1 | Chief Judge,
county board chairman and the Director of Court | ||||||
2 | Services Chief
Probation Officer. If after 90 days of written
| ||||||
3 | notice the noncompliance
still exists, the Supreme Court shall | ||||||
4 | be required to reduce the amount of
monthly reimbursement by | ||||||
5 | 10%. An additional 10% reduction of monthly
reimbursement shall | ||||||
6 | occur for each consecutive month of noncompliance.
Except as | ||||||
7 | provided in subsection 5 of Section 15, funding to counties | ||||||
8 | shall
commence on April 1, 1986. Funds received under this Act | ||||||
9 | shall be used to
provide for Probation Department expenses
| ||||||
10 | including those required under
Section 13 of this Act. The | ||||||
11 | Mandatory
Arbitration Fund may be used to provide for Probation | ||||||
12 | Department expenses,
including those required under Section 13 | ||||||
13 | of this Act.
| ||||||
14 | (11) The respective counties shall be responsible for | ||||||
15 | capital and space
costs, fringe benefits, clerical costs, | ||||||
16 | equipment, telecommunications,
postage, commodities and | ||||||
17 | printing.
| ||||||
18 | (12) For purposes of this Act only, probation officers | ||||||
19 | shall be
considered
peace officers. In the
exercise of their | ||||||
20 | official duties, probation
officers, sheriffs, and police
| ||||||
21 | officers may, anywhere within the State, arrest any probationer | ||||||
22 | who is in
violation of any of the conditions of his or her | ||||||
23 | probation, conditional
discharge, or supervision, and it shall | ||||||
24 | be the
duty of the officer making the arrest to take the | ||||||
25 | probationer
before the
Court having jurisdiction over the | ||||||
26 | probationer for further order.
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||
1 | (Source: P.A. 94-91, eff. 7-1-05; 94-696, eff. 6-1-06; 94-839, | ||||||||||||||||||||||||||||||||||||||||||||||||||
2 | eff. 6-6-06; 95-707, eff. 1-11-08; 95-773, eff. 1-1-09.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||
4 | becoming law.
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