093_SB1458enr

 
SB1458 Enrolled                      LRB093 03568 RLC 03597 b

 1        AN ACT in relation to criminal law.

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

 4        Section  5.  The Juvenile Court Act of 1987 is amended by
 5    changing Section 6-1 as follows:

 6        (705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
 7        Sec. 6-1.  Probation departments; functions and duties.
 8        (1)  The chief judge of each circuit shall make provision
 9    for probation services for each county in his or her circuit.
10    The appointment of officers to probation  or  court  services
11    departments  and the administration of such departments shall
12    be governed by the provisions of the Probation and  Probation
13    Officers Act.
14        (2)  Every county or every group of counties constituting
15    a  probation  district  shall  maintain  a  court services or
16    probation  department  subject  to  the  provisions  of   the
17    Probation  and  Probation  Officers Act.  For the purposes of
18    this Act, such a court services or probation department  has,
19    but is not limited to, the following powers and duties:
20             (a)  When  authorized  or  directed by the court, to
21        receive, investigate and evaluate  complaints  indicating
22        dependency,  requirement  of  authoritative intervention,
23        addiction or delinquency within the meaning  of  Sections
24        2-3,  2-4,  3-3, 4-3 or 5-105, respectively; to determine
25        or  assist  the  complainant  in  determining  whether  a
26        petition should be filed under Sections 2-13, 3-15,  4-12
27        or 5-520 or whether referral should be made to an agency,
28        association  or other person or whether some other action
29        is advisable; and to  see  that  the  indicating  filing,
30        referral  or  other  action is accomplished.  However, no
31        such investigation, evaluation  or  supervision  by  such
 
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 1        court  services  or probation department is to occur with
 2        regard to complaints indicating only that a minor may  be
 3        a chronic or habitual truant.
 4             (b)  When  a  petition  is filed under Section 2-13,
 5        3-15, 4-15 or 5-520, to make  pre-hearing  investigations
 6        and formulate recommendations to the court when the court
 7        has authorized or directed the department to do so.
 8             (c)  To  counsel  and,  by  order  of  the court, to
 9        supervise  minors  referred  to  the  court;  to  conduct
10        indicated programs of casework, including  referrals  for
11        medical  and  mental health service, organized recreation
12        and job placement  for  wards  of  the  court  and,  when
13        appropriate,  for members of the family of a ward; to act
14        as liaison officer between  the  court  and  agencies  or
15        associations  to  which  minors  are  referred or through
16        which they are placed; when so  appointed,  to  serve  as
17        guardian of the person of a ward of the court; to provide
18        probation  supervision and protective supervision ordered
19        by the court; and to provide like services to  wards  and
20        probationers of courts in other counties or jurisdictions
21        who have lawfully become local residents.
22             (d)  To  arrange  for  placements  pursuant to court
23        order.
24             (e)  To  assume  administrative  responsibility  for
25        such detention, shelter care and other  institutions  for
26        minors as the court may operate.
27             (f)  To maintain an adequate system of case records,
28        statistical  records,  and  financial  records related to
29        juvenile detention and shelter care and to  make  reports
30        to  the  court  and  other authorized persons, and to the
31        Supreme Court pursuant to  the  Probation  and  Probation
32        Officers Act.
33             (g)  To  perform  such  other  services  as  may  be
34        appropriate  to effectuate the purposes of this Act or as
 
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 1        may be directed by any order of  court  made  under  this
 2        Act.
 3        (3)  The  court  services  or probation department in any
 4    probation district  or  county  having  less  than  1,000,000
 5    inhabitants,  or  any  personnel  of  the  department, may be
 6    required by the circuit court to render services to the court
 7    in other matters as well as proceedings under this Act.
 8        (4)  In any county or  probation  district,  a  probation
 9    department  may  be  established  as a separate division of a
10    more  inclusive  department  of  court  services,  with   any
11    appropriate  divisional designation.  The organization of any
12    such department of court  services  and  the  appointment  of
13    officers  and  other personnel must comply with the Probation
14    and Probations Officers Act.
15        (5)  For purposes of this Act  only,  probation  officers
16    appointed to probation or court services departments shall be
17    considered peace officers.  In the exercise of their official
18    duties,  probation  officers,  sheriffs,  and police officers
19    may, anywhere within the State, arrest any minor  who  is  in
20    violation  of  any of the conditions of his or her probation,
21    continuance under supervision, or informal  supervision,  and
22    it shall be the duty of the officer making the arrest to take
23    the minor before the court having jurisdiction over the minor
24    for further action.
25    (Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)

26        Section  6.   The  Criminal  Code  of  1961 is amended by
27    changing Section 24-2 as follows:

28        (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
29        Sec. 24-2.  Exemptions.
30        (a)  Subsections 24-1(a)(3), 24-1(a)(4)  and  24-1(a)(10)
31    and  Section  24-1.6  do  not  apply  to or affect any of the
32    following:
 
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 1             (1)  Peace officers, and any person  summoned  by  a
 2        peace  officer  to assist in making arrests or preserving
 3        the peace,  while  actually  engaged  in  assisting  such
 4        officer.
 5             (2)  Wardens,   superintendents   and   keepers   of
 6        prisons, penitentiaries, jails and other institutions for
 7        the  detention  of  persons  accused  or  convicted of an
 8        offense, while in the performance of their official duty,
 9        or while commuting between  their  homes  and  places  of
10        employment.
11             (3)  Members of the Armed Services or Reserve Forces
12        of  the  United  States or the Illinois National Guard or
13        the  Reserve  Officers  Training  Corps,  while  in   the
14        performance of their official duty.
15             (4)  Special  agents  employed  by  a  railroad or a
16        public utility to perform police functions, and guards of
17        armored car companies,  while  actually  engaged  in  the
18        performance   of   the  duties  of  their  employment  or
19        commuting between their homes and places  of  employment;
20        and watchmen while actually engaged in the performance of
21        the duties of their employment.
22             (5)  Persons    licensed    as    private   security
23        contractors,  private  detectives,   or   private   alarm
24        contractors,  or  employed  by an agency certified by the
25        Department of Professional Regulation,  if  their  duties
26        include  the carrying of a weapon under the provisions of
27        the  Private  Detective,  Private  Alarm,   and   Private
28        Security  Act  of  1983,  while  actually  engaged in the
29        performance  of  the  duties  of  their   employment   or
30        commuting  between  their homes and places of employment,
31        provided that such commuting is accomplished  within  one
32        hour  from departure from home or place of employment, as
33        the case may be.  Persons exempted under this subdivision
34        (a)(5) shall be required to have completed  a  course  of
 
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 1        study  in  firearms  handling  and  training approved and
 2        supervised by the Department of  Professional  Regulation
 3        as  prescribed  by  Section  28 of the Private Detective,
 4        Private Alarm, and Private Security Act of 1983, prior to
 5        becoming eligible for this exemption.  The Department  of
 6        Professional    Regulation    shall    provide   suitable
 7        documentation demonstrating the successful completion  of
 8        the  prescribed  firearms  training.   Such documentation
 9        shall be carried at all times when such  persons  are  in
10        possession of a concealable weapon.
11             (6)  Any  person  regularly employed in a commercial
12        or industrial operation  as  a  security  guard  for  the
13        protection  of  persons  employed  and  private  property
14        related to such commercial or industrial operation, while
15        actually engaged in the performance of his or her duty or
16        traveling  between  sites  or properties belonging to the
17        employer, and who, as a security guard, is a member of  a
18        security  force of at least 5 persons registered with the
19        Department of Professional Regulation; provided that such
20        security guard has successfully  completed  a  course  of
21        study,  approved  by  and supervised by the Department of
22        Professional Regulation, consisting of not less  than  40
23        hours  of  training  that  includes  the  theory  of  law
24        enforcement,  liability  for  acts,  and  the handling of
25        weapons.  A person shall be considered eligible for  this
26        exemption  if  he  or  she  has completed the required 20
27        hours of training for a security officer and 20 hours  of
28        required  firearm training, and has been issued a firearm
29        authorization card  by  the  Department  of  Professional
30        Regulation.    Conditions  for  the  renewal  of  firearm
31        authorization cards issued under the provisions  of  this
32        Section shall be the same as for those cards issued under
33        the  provisions  of  the Private Detective, Private Alarm
34        and  Private  Security  Act  of   1983.    Such   firearm
 
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 1        authorization card shall be carried by the security guard
 2        at  all  times  when  he  or  she  is  in possession of a
 3        concealable weapon.
 4             (7)  Agents  and  investigators  of   the   Illinois
 5        Legislative  Investigating  Commission  authorized by the
 6        Commission to carry the weapons specified in  subsections
 7        24-1(a)(3) and 24-1(a)(4), while on duty in the course of
 8        any investigation for the Commission.
 9             (8)  Persons employed by a financial institution for
10        the protection of other employees and property related to
11        such financial institution, while actually engaged in the
12        performance  of  their  duties,  commuting  between their
13        homes and places  of  employment,  or  traveling  between
14        sites  or  properties owned or operated by such financial
15        institution, provided that any  person  so  employed  has
16        successfully completed a course of study, approved by and
17        supervised  by the Department of Professional Regulation,
18        consisting of not less than 40 hours  of  training  which
19        includes  theory  of law enforcement, liability for acts,
20        and the handling of weapons. A person shall be considered
21        to be eligible for  this  exemption  if  he  or  she  has
22        completed  the  required  20  hours  of  training  for  a
23        security   officer  and  20  hours  of  required  firearm
24        training, and has been  issued  a  firearm  authorization
25        card   by  the  Department  of  Professional  Regulation.
26        Conditions for renewal  of  firearm  authorization  cards
27        issued  under the provisions of this Section shall be the
28        same as for those issued  under  the  provisions  of  the
29        Private Detective, Private Alarm and Private Security Act
30        of  1983.   Such  firearm  authorization  card  shall  be
31        carried  by  the person so trained at all times when such
32        person is in possession of  a  concealable  weapon.   For
33        purposes  of  this  subsection,  "financial  institution"
34        means  a bank, savings and loan association, credit union
 
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 1        or company providing armored car services.
 2             (9)  Any person employed by an armored  car  company
 3        to  drive  an  armored car, while actually engaged in the
 4        performance of his duties.
 5             (10)  Persons who  have  been  classified  as  peace
 6        officers pursuant to the Peace Officer Fire Investigation
 7        Act.
 8             (11)  Investigators  of  the  Office  of the State's
 9        Attorneys Appellate Prosecutor authorized by the board of
10        governors  of  the  Office  of  the   State's   Attorneys
11        Appellate Prosecutor to carry weapons pursuant to Section
12        7.06 of the State's Attorneys Appellate Prosecutor's Act.
13             (12)  Special  investigators  appointed by a State's
14        Attorney under Section 3-9005 of the Counties Code.
15             (12.5)  Probation officers while in the  performance
16        of  their duties, or while commuting between their homes,
17        places of employment or specific locations that are  part
18        of  their  assigned duties, with the consent of the chief
19        judge of the circuit for which they are employed.
20             (13)  Court   Security   Officers   while   in   the
21        performance of their official duties, or while  commuting
22        between  their  homes  and places of employment, with the
23        consent of the Sheriff.
24             (13.5)  A person employed as an armed security guard
25        at a nuclear energy, storage, weapons or development site
26        or  facility  regulated   by   the   Nuclear   Regulatory
27        Commission who has completed the background screening and
28        training  mandated  by  the  rules and regulations of the
29        Nuclear Regulatory Commission.
30             (14)  Manufacture,  transportation,   or   sale   of
31        weapons  to  persons  authorized  under  subdivisions (1)
32        through  (13.5)  of  this  subsection  to  possess  those
33        weapons.
34        (b)  Subsections 24-1(a)(4) and 24-1(a)(10)  and  Section
 
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 1    24-1.6 do not apply to or affect any of the following:
 2             (1)  Members  of  any club or organization organized
 3        for the purpose of practicing shooting  at  targets  upon
 4        established target ranges, whether public or private, and
 5        patrons of such ranges, while such members or patrons are
 6        using their firearms on those target ranges.
 7             (2)  Duly authorized military or civil organizations
 8        while  parading,  with  the  special  permission  of  the
 9        Governor.
10             (3)  Hunters,  trappers  or fishermen with a license
11        or permit while engaged in hunting, trapping or fishing.
12             (4)  Transportation of weapons that are broken  down
13        in   a  non-functioning  state  or  are  not  immediately
14        accessible.
15        (c)  Subsection 24-1(a)(7) does not apply  to  or  affect
16    any of the following:
17             (1)  Peace  officers  while  in performance of their
18        official duties.
19             (2)  Wardens,   superintendents   and   keepers   of
20        prisons, penitentiaries, jails and other institutions for
21        the detention of  persons  accused  or  convicted  of  an
22        offense.
23             (3)  Members of the Armed Services or Reserve Forces
24        of  the  United  States  or  the Illinois National Guard,
25        while in the performance of their official duty.
26             (4)  Manufacture, transportation, or sale of machine
27        guns to persons authorized under subdivisions (1) through
28        (3) of this subsection to possess machine  guns,  if  the
29        machine  guns  are broken down in a non-functioning state
30        or are not immediately accessible.
31             (5)  Persons   licensed   under   federal   law   to
32        manufacture any weapon from which  8  or  more  shots  or
33        bullets  can  be  discharged  by a single function of the
34        firing  device,  or  ammunition  for  such  weapons,  and
 
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 1        actually engaged in the business  of  manufacturing  such
 2        weapons   or   ammunition,   but  only  with  respect  to
 3        activities which are within  the  lawful  scope  of  such
 4        business,  such  as  the  manufacture, transportation, or
 5        testing of such weapons or  ammunition.   This  exemption
 6        does  not authorize the general private possession of any
 7        weapon from which 8 or  more  shots  or  bullets  can  be
 8        discharged by a single function of the firing device, but
 9        only  such  possession  and  activities as are within the
10        lawful  scope  of  a  licensed   manufacturing   business
11        described in this paragraph.
12             During  transportation, such weapons shall be broken
13        down  in  a  non-functioning  state  or  not  immediately
14        accessible.
15             (6)  The manufacture, transport, testing,  delivery,
16        transfer   or   sale,   and   all  lawful  commercial  or
17        experimental activities  necessary  thereto,  of  rifles,
18        shotguns,  and  weapons  made from rifles or shotguns, or
19        ammunition for such rifles, shotguns  or  weapons,  where
20        engaged  in  by  a  person  operating  as a contractor or
21        subcontractor pursuant to a contract or  subcontract  for
22        the  development  and  supply  of  such rifles, shotguns,
23        weapons or ammunition to the United States government  or
24        any branch of the Armed Forces of the United States, when
25        such  activities are necessary and incident to fulfilling
26        the terms of such contract.
27             The exemption granted under this subdivision  (c)(6)
28        shall  also  apply  to  any  authorized agent of any such
29        contractor or subcontractor who is operating  within  the
30        scope  of his employment, where such activities involving
31        such weapon, weapons  or  ammunition  are  necessary  and
32        incident to fulfilling the terms of such contract.
33             During  transportation,  any  such  weapon  shall be
34        broken  down  in  a   non-functioning   state,   or   not
 
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 1        immediately accessible.
 2        (d)  Subsection   24-1(a)(1)   does   not  apply  to  the
 3    purchase,  possession  or  carrying  of   a   black-jack   or
 4    slung-shot by a peace officer.
 5        (e)  Subsection  24-1(a)(8)  does not apply to any owner,
 6    manager or authorized employee of any place specified in that
 7    subsection nor to any law enforcement officer.
 8        (f)  Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
 9    Section 24-1.6 do  not  apply  to  members  of  any  club  or
10    organization organized for the purpose of practicing shooting
11    at  targets upon established target ranges, whether public or
12    private, while using their firearms on those target ranges.
13        (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
14    apply to:
15             (1)  Members of the Armed Services or Reserve Forces
16        of the United States  or  the  Illinois  National  Guard,
17        while in the performance of their official duty.
18             (2)  Bonafide   collectors  of  antique  or  surplus
19        military ordinance.
20             (3)  Laboratories having a  department  of  forensic
21        ballistics,   or   specializing  in  the  development  of
22        ammunition or explosive ordinance.
23             (4)  Commerce, preparation, assembly  or  possession
24        of  explosive  bullets  by  manufacturers  of  ammunition
25        licensed  by  the  federal government, in connection with
26        the supply of those organizations and persons exempted by
27        subdivision (g)(1) of this Section, or like organizations
28        and persons outside this State, or the transportation  of
29        explosive  bullets to any organization or person exempted
30        in this Section by a common carrier or by a vehicle owned
31        or leased by an exempted manufacturer.
32        (h)  An information or indictment based upon a  violation
33    of  any  subsection  of  this  Article  need not negative any
34    exemptions contained in this Article.   The  defendant  shall
 
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 1    have the burden of proving such an exemption.
 2        (i)  Nothing in this Article shall prohibit, apply to, or
 3    affect  the  transportation,  carrying, or possession, of any
 4    pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
 5    consigned to a common carrier operating under license of  the
 6    State  of  Illinois  or  the  federal  government, where such
 7    transportation, carrying, or possession is  incident  to  the
 8    lawful   transportation  in  which  such  common  carrier  is
 9    engaged; and nothing in this Article  shall  prohibit,  apply
10    to,  or affect the transportation, carrying, or possession of
11    any pistol, revolver, stun gun, taser, or other firearm,  not
12    the  subject  of  and  regulated  by subsection 24-1(a)(7) or
13    subsection 24-2(c) of this Article,  which  is  unloaded  and
14    enclosed  in  a  case, firearm carrying box, shipping box, or
15    other container, by the possessor of a valid  Firearm  Owners
16    Identification Card.
17    (Source:  P.A.  91-287,  eff.  1-1-00;  91-690, eff. 4-13-00;
18    92-325, eff. 8-9-01.)

19        Section 10.  The Probation and Probation Officers Act  is
20    amended by changing Section 15 as follows:

21        (730 ILCS 110/15) (from Ch. 38, par. 204-7)
22        Sec. 15.  (1) The Supreme Court of Illinois may establish
23    a  Division  of Probation Services whose purpose shall be the
24    development, establishment, promulgation, and enforcement  of
25    uniform  standards  for probation services in this State, and
26    to otherwise carry out the intent of this Act.  The  Division
27    may:
28             (a)  establish  qualifications  for  chief probation
29        officers and other probation and court services personnel
30        as to hiring, promotion, and training.
31             (b)  make available, on a  timely  basis,  lists  of
32        those    applicants   whose   qualifications   meet   the
 
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 1        regulations referred to herein, including on  said  lists
 2        all candidates found qualified.
 3             (c)  establish  a  means of verifying the conditions
 4        for reimbursement under this Act and develop criteria for
 5        approved costs for reimbursement.
 6             (d)  develop   standards   and   approve    employee
 7        compensation  schedules  for probation and court services
 8        departments.
 9             (e)  employ sufficient personnel in the Division  to
10        carry out the functions of the Division.
11             (f)  establish  a  system  of training and establish
12        standards for personnel orientation and training.
13             (g)  develop  standards  for  a  system  of   record
14        keeping   for  cases  and  programs,  gather  statistics,
15        establish a system of uniform forms, and develop research
16        for planning of Probation Services.
17             (h)  develop standards to  assure  adequate  support
18        personnel,  office  space, equipment and supplies, travel
19        expenses,  and  other  essential  items   necessary   for
20        Probation  and  Court  Services  Departments to carry out
21        their duties.
22             (i)  review and approve annual  plans  submitted  by
23        Probation and Court Services Departments.
24             (j)  monitor  and  evaluate all programs operated by
25        Probation and Court Services Departments, and may include
26        in the program evaluation criteria such  factors  as  the
27        percentage of Probation sentences for felons convicted of
28        Probationable offenses.
29             (k)  seek   the   cooperation  of  local  and  State
30        government and private agencies to improve the quality of
31        probation and court services.
32             (l)  where  appropriate,  establish   programs   and
33        corresponding standards designed to generally improve the
34        quality  of  probation  and court services and reduce the
 
SB1458 Enrolled            -13-      LRB093 03568 RLC 03597 b
 1        rate of adult or  juvenile  offenders  committed  to  the
 2        Department of Corrections.
 3             (m)  establish  such other standards and regulations
 4        and do all acts necessary to carry  out  the  intent  and
 5        purposes of this Act.
 6        The  Division  shall establish a model list of structured
 7    intermediate sanctions that may be  imposed  by  a  probation
 8    agency  for  violations of terms and conditions of a sentence
 9    of probation, conditional discharge, or supervision.
10        The State of Illinois shall  provide  for  the  costs  of
11    personnel,  travel,  equipment,  telecommunications, postage,
12    commodities, printing, space, contractual services and  other
13    related costs necessary to carry out the intent of this Act.
14        (2) (a)  The  chief  judge  of each circuit shall provide
15    full-time probation services  for  all  counties  within  the
16    circuit,  in  a  manner  consistent with the annual probation
17    plan, the standards, policies, and regulations established by
18    the Supreme Court.  A  probation  district  of  two  or  more
19    counties  within a circuit may be created for the purposes of
20    providing full-time probation services. Every county or group
21    of counties within  a  circuit  shall  maintain  a  probation
22    department  which  shall  be under the authority of the Chief
23    Judge of the circuit or some other judge  designated  by  the
24    Chief Judge. The Chief Judge, through the Probation and Court
25    Services Department shall submit annual plans to the Division
26    for probation and related services.
27        (b)  The  Chief  Judge  of each circuit shall appoint the
28    Chief Probation Officer and all other probation officers  for
29    his  or  her  circuit  from  lists  of  qualified  applicants
30    supplied  by the Supreme Court. Candidates for chief managing
31    officer and other probation officer positions must apply with
32    both the Chief Judge of the circuit and the Supreme Court.
33        (3)  A Probation and Court Service Department shall apply
34    to the Supreme Court for funds for basic  services,  and  may
 
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 1    apply   for   funds   for   new   and  expanded  programs  or
 2    Individualized  Services  and  Programs.   Costs   shall   be
 3    reimbursed monthly based on a plan and budget approved by the
 4    Supreme  Court.  No  Department  may  be reimbursed for costs
 5    which exceed or are not provided for in the  approved  annual
 6    plan  and budget. After the effective date of this amendatory
 7    Act of 1985, each  county  must  provide  basic  services  in
 8    accordance  with the annual plan and standards created by the
 9    division. No department may receive funds for new or expanded
10    programs or individualized services and programs unless  they
11    are  in  compliance with standards as enumerated in paragraph
12    (h) of subsection (1) of this Section, the annual  plan,  and
13    standards for basic services.
14        (4)  The  Division shall reimburse the county or counties
15    for probation services as follows:
16             (a)  100%  of  the  salary  of  all  chief  managing
17        officers designated as such by the Chief  Judge  and  the
18        division.
19             (b)  100%  of  the  salary for all probation officer
20        and supervisor positions approved  for  reimbursement  by
21        the  division  after  April  1,  1984,  to  meet workload
22        standards  and  to  implement  intensive   sanction   and
23        probation  supervision  programs and other basic services
24        as defined in this Act.
25             (c)  100% of the salary  for  all  secure  detention
26        personnel  and  non-secure  group home personnel approved
27        for reimbursement after December 1, 1990.  For  all  such
28        positions  approved  for reimbursement before December 1,
29        1990, the counties shall be reimbursed $1,250  per  month
30        beginning  July 1, 1995, and an additional $250 per month
31        beginning each July 1st thereafter  until  the  positions
32        receive  100%  salary  reimbursement.  Allocation of such
33        positions will be based on comparative  need  considering
34        capacity,   staff/resident   ratio,  physical  plant  and
 
SB1458 Enrolled            -15-      LRB093 03568 RLC 03597 b
 1        program.
 2             (d)  $1,000 per month for salaries for the remaining
 3        probation officer positions engaged in basic services and
 4        new or expanded services. All  such  positions  shall  be
 5        approved  by the division in accordance with this Act and
 6        division standards.
 7             (e)  100% of the travel expenses in accordance  with
 8        Division  standards  for all Probation positions approved
 9        under paragraph (b) of subsection 4 of this Section.
10             (f)  If the amount of funds reimbursed to the county
11        under paragraphs (a) through (e) of subsection 4 of  this
12        Section  on  an  annual basis is less than the amount the
13        county  had  received  during   the   12   month   period
14        immediately   prior   to   the  effective  date  of  this
15        amendatory Act of 1985, then the Division shall reimburse
16        the amount of the difference to the county. The effect of
17        paragraph (b) of subsection 7 of this  Section  shall  be
18        considered     in    implementing    this    supplemental
19        reimbursement provision.
20        (5)  The Division shall provide funds beginning on  April
21    1,  1987  for the counties to provide Individualized Services
22    and Programs as provided in Section 16 of this Act.
23        (6)  A Probation and Court Services Department  in  order
24    to  be  eligible  for  the  reimbursement  must submit to the
25    Supreme Court an application containing such information  and
26    in  such  a  form  and by such dates as the Supreme Court may
27    require. Departments to be eligible for funding must  satisfy
28    the following conditions:
29             (a)  The  Department  shall  have  on  file with the
30        Supreme Court an annual Probation  plan  for  continuing,
31        improved,  and  new Probation and Court Services Programs
32        approved by the Supreme Court or its designee. This  plan
33        shall  indicate  the  manner in which Probation and Court
34        Services will be delivered and improved, consistent  with
 
SB1458 Enrolled            -16-      LRB093 03568 RLC 03597 b
 1        the  minimum  standards and regulations for Probation and
 2        Court Services, as established by the Supreme  Court.  In
 3        counties  with more than one Probation and Court Services
 4        Department eligible to  receive  funds,  all  Departments
 5        within  that  county must submit plans which are approved
 6        by the Supreme Court.
 7             (b)  The  annual  probation  plan  shall   seek   to
 8        generally  improve  the quality of probation services and
 9        to reduce the commitment of adult and juvenile  offenders
10        to  the Department of Corrections and shall require, when
11        appropriate,  coordination   with   the   Department   of
12        Corrections  and  the  Department  of Children and Family
13        Services  in  the  development  and  use   of   community
14        resources,   information   systems,   case   review   and
15        permanency  planning  systems to avoid the duplication of
16        services.
17             (c)  The Department  shall  be  in  compliance  with
18        standards  developed  by the Supreme Court for basic, new
19        and expanded services,  training,  personnel  hiring  and
20        promotion.
21             (d)  The   Department   shall  in  its  annual  plan
22        indicate the manner in which it will support  the  rights
23        of  crime  victims  and in which manner it will implement
24        Article I, Section 8.1 of the Illinois  Constitution  and
25        in  what manner it will coordinate crime victims' support
26        services with other criminal justice agencies within  its
27        jurisdiction,  including  but not limited to, the State's
28        Attorney,  the   Sheriff   and   any   municipal   police
29        department.
30        (7)  No  statement shall be verified by the Supreme Court
31    or its designee or vouchered by the Comptroller  unless  each
32    of the following conditions have been met:
33             (a)  The  probation  officer is a full-time employee
34        appointed  by  the  Chief  Judge  to  provide   probation
 
SB1458 Enrolled            -17-      LRB093 03568 RLC 03597 b
 1        services.
 2             (b)  The  probation officer, in order to be eligible
 3        for State reimbursement, is  receiving  a  salary  of  at
 4        least $17,000 per year.
 5             (c)  The  probation  officer  is  appointed  or  was
 6        reappointed  in accordance with minimum qualifications or
 7        criteria established by the Supreme Court;  however,  all
 8        probation  officers  appointed  prior to January 1, 1978,
 9        shall  be  exempted   from   the   minimum   requirements
10        established  by the Supreme Court. Payments shall be made
11        to counties employing these exempted  probation  officers
12        as  long as they are employed in the position held on the
13        effective  date  of  this   amendatory   Act   of   1985.
14        Promotions  shall  be  governed by minimum qualifications
15        established by the Supreme Court.
16             (d)  The Department has an established  compensation
17        schedule  approved by the Supreme Court. The compensation
18        schedule  shall  include  salary  ranges  with  necessary
19        increments to compensate each  employee.  The  increments
20        shall, within the salary ranges, be based on such factors
21        as  bona  fide  occupational qualifications, performance,
22        and length of service. Each position  in  the  Department
23        shall be placed on the compensation schedule according to
24        job  duties  and  responsibilities  of such position. The
25        policy and procedures of the compensation schedule  shall
26        be made available to each employee.
27        (8)  In   order  to  obtain  full  reimbursement  of  all
28    approved costs, each Department must continue  to  employ  at
29    least  the  same  number  of probation officers and probation
30    managers as were authorized for  employment  for  the  fiscal
31    year  which  includes  January  1, 1985. This number shall be
32    designated as the base amount of the Department. No positions
33    approved by the Division under paragraph (b) of subsection  4
34    will  be  included  in the base amount. In the event that the
 
SB1458 Enrolled            -18-      LRB093 03568 RLC 03597 b
 1    Department employs fewer  Probation  officers  and  Probation
 2    managers  than  the  base  amount  for  a  period of 90 days,
 3    funding received by the Department under subsection 4 of this
 4    Section may be reduced on a monthly basis by  the  amount  of
 5    the current salaries of any positions below the base amount.
 6        (9)  Before  the 15th day of each month, the treasurer of
 7    any  county  which  has  a  Probation  and   Court   Services
 8    Department,  or the treasurer of the most populous county, in
 9    the case of a Probation or Court Services  Department  funded
10    by  more  than one county, shall submit an itemized statement
11    of all approved costs  incurred  in  the  delivery  of  Basic
12    Probation  and  Court  Services under this Act to the Supreme
13    Court. The treasurer may also submit an itemized statement of
14    all approved costs  incurred  in  the  delivery  of  new  and
15    expanded   Probation   and   Court   Services   as   well  as
16    Individualized Services and Programs. The  Supreme  Court  or
17    its  designee  shall  verify compliance with this Section and
18    shall examine and  audit  the  monthly  statement  and,  upon
19    finding  them  to  be  correct,  shall  forward  them  to the
20    Comptroller for payment to the county treasurer. In the  case
21    of  payment  to  a  treasurer  of  a county which is the most
22    populous of counties sharing the salary  and  expenses  of  a
23    Probation  and Court Services Department, the treasurer shall
24    divide the money  between  the  counties  in  a  manner  that
25    reflects  each  county's  share  of  the cost incurred by the
26    Department.
27        (10)  The  county  treasurer  must  certify  that   funds
28    received  under this Section shall be used solely to maintain
29    and improve Probation  and  Court  Services.  The  county  or
30    circuit  shall  remain  in  compliance  with  all  standards,
31    policies and regulations established by the Supreme Court. If
32    at  any  time  the  Supreme Court determines that a county or
33    circuit  is  not  in  compliance,  the  Supreme  Court  shall
34    immediately notify the Chief Judge, county board chairman and
 
SB1458 Enrolled            -19-      LRB093 03568 RLC 03597 b
 1    the Director of Court Services Chief  Probation  Officer.  If
 2    after  90  days  of  written  notice  the noncompliance still
 3    exists, the Supreme Court shall be  required  to  reduce  the
 4    amount  of  monthly  reimbursement  by 10%. An additional 10%
 5    reduction of  monthly  reimbursement  shall  occur  for  each
 6    consecutive  month  of  noncompliance.  Except as provided in
 7    subsection  5  of  Section  15,  funding  to  counties  shall
 8    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.
11        (11)  The respective counties shall  be  responsible  for
12    capital  and  space  costs,  fringe benefits, clerical costs,
13    equipment,  telecommunications,  postage,   commodities   and
14    printing.
15        (12)  For  purposes  of this Act only, probation officers
16    shall be considered peace officers.  In the exercise of their
17    official duties,. probation officers,  sheriffs,  and  police
18    officers   may,   anywhere   within  the  State,  arrest  any
19    probationer who is in violation of any of the  conditions  of
20    his  or her probation, conditional discharge, or supervision,
21    and it shall be the duty of the officer making the arrest  to
22    take   the   said   probationer   before   the  Court  having
23    jurisdiction over the probationer him for further order.
24    (Source: P.A. 89-198, eff.  7-21-95;  89-390,  eff.  8-20-95;
25    89-626, eff. 8-9-96.)