Illinois General Assembly - Full Text of HB5603
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Full Text of HB5603  102nd General Assembly

HB5603 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5603

 

Introduced 2/9/2022, by Rep. Lindsey LaPointe

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 110/15  from Ch. 38, par. 204-7

    Amends the Probation and Probation Officers Act. Provides that for all probation officer positions approved for reimbursement to the counties by the Division of Probation Services for probation officer salaries, of the total statewide number as of July 1, 2021, beginning on July 1, 2023, 20% of that number shall be reimbursed at 100% salary reimbursement. Provides that each subsequent July 1, another 20% of the July 1, 2021 statewide number shall be reimbursed at 100% until there are no positions reimbursed at $1,000 per month for salaries. Provides that nothing in the Act prohibits the Division from reimbursing at 100% of the salary more than 20% of the total statewide number of probation officers in any given year.


LRB102 22379 RLC 31518 b

 

 

A BILL FOR

 

HB5603LRB102 22379 RLC 31518 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probation and Probation Officers Act is
5amended by changing Section 15 as follows:
 
6    (730 ILCS 110/15)  (from Ch. 38, par. 204-7)
7    Sec. 15. (1) The Supreme Court of Illinois may establish a
8Division of Probation Services whose purpose shall be the
9development, establishment, promulgation, and enforcement of
10uniform standards for probation services in this State, and to
11otherwise carry out the intent of this Act. The Division may:
12        (a) establish qualifications for chief probation
13    officers and other probation and court services personnel
14    as to hiring, promotion, and training.
15        (b) make available, on a timely basis, lists of those
16    applicants whose qualifications meet the regulations
17    referred to herein, including on said lists all candidates
18    found qualified.
19        (c) establish a means of verifying the conditions for
20    reimbursement under this Act and develop criteria for
21    approved costs for reimbursement.
22        (d) develop standards and approve employee
23    compensation schedules for probation and court services

 

 

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1    departments.
2        (e) employ sufficient personnel in the Division to
3    carry out the functions of the Division.
4        (f) establish a system of training and establish
5    standards for personnel orientation and training.
6        (g) develop standards for a system of record keeping
7    for cases and programs, gather statistics, establish a
8    system of uniform forms, and develop research for planning
9    of Probation Services.
10        (h) develop standards to assure adequate support
11    personnel, office space, equipment and supplies, travel
12    expenses, and other essential items necessary for
13    Probation and Court Services Departments to carry out
14    their duties.
15        (i) review and approve annual plans submitted by
16    Probation and Court Services Departments.
17        (j) monitor and evaluate all programs operated by
18    Probation and Court Services Departments, and may include
19    in the program evaluation criteria such factors as the
20    percentage of Probation sentences for felons convicted of
21    Probationable offenses.
22        (k) seek the cooperation of local and State government
23    and private agencies to improve the quality of probation
24    and court services.
25        (l) where appropriate, establish programs and
26    corresponding standards designed to generally improve the

 

 

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1    quality of probation and court services and reduce the
2    rate of adult or juvenile offenders committed to the
3    Department of Corrections.
4        (m) establish such other standards and regulations and
5    do all acts necessary to carry out the intent and purposes
6    of this Act.
7    The Division shall develop standards to implement the
8Domestic Violence Surveillance Program established under
9Section 5-8A-7 of the Unified Code of Corrections, including
10(i) procurement of equipment and other services necessary to
11implement the program and (ii) development of uniform
12standards for the delivery of the program through county
13probation departments, and develop standards for collecting
14data to evaluate the impact and costs of the Domestic Violence
15Surveillance Program.
16    The Division shall establish a model list of structured
17intermediate sanctions that may be imposed by a probation
18agency for violations of terms and conditions of a sentence of
19probation, conditional discharge, or supervision.
20    The Division shall establish training standards for
21continuing education of probation officers and supervisors and
22broaden access to available training programs.
23    The State of Illinois shall provide for the costs of
24personnel, travel, equipment, telecommunications, postage,
25commodities, printing, space, contractual services and other
26related costs necessary to carry out the intent of this Act.

 

 

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1    (2)(a) The chief judge of each circuit shall provide
2full-time probation services for all counties within the
3circuit, in a manner consistent with the annual probation
4plan, the standards, policies, and regulations established by
5the Supreme Court. A probation district of two or more
6counties within a circuit may be created for the purposes of
7providing full-time probation services. Every county or group
8of counties within a circuit shall maintain a probation
9department which shall be under the authority of the Chief
10Judge of the circuit or some other judge designated by the
11Chief Judge. The Chief Judge, through the Probation and Court
12Services Department shall submit annual plans to the Division
13for probation and related services.
14    (b) The Chief Judge of each circuit shall appoint the
15Chief Probation Officer and all other probation officers for
16his or her circuit from lists of qualified applicants supplied
17by the Supreme Court. Candidates for chief managing officer
18and other probation officer positions must apply with both the
19Chief Judge of the circuit and the Supreme Court.
20    (3) A Probation and Court Service Department shall apply
21to the Supreme Court for funds for basic services, and may
22apply for funds for new and expanded programs or
23Individualized Services and Programs. Costs shall be
24reimbursed monthly based on a plan and budget approved by the
25Supreme Court. No Department may be reimbursed for costs which
26exceed or are not provided for in the approved annual plan and

 

 

HB5603- 5 -LRB102 22379 RLC 31518 b

1budget. After the effective date of this amendatory Act of
21985, each county must provide basic services in accordance
3with the annual plan and standards created by the division. No
4department may receive funds for new or expanded programs or
5individualized services and programs unless they are in
6compliance with standards as enumerated in paragraph (h) of
7subsection (1) of this Section, the annual plan, and standards
8for basic services.
9    (4) The Division shall reimburse the county or counties
10for probation services as follows:
11        (a) 100% of the salary of all chief managing officers
12    designated as such by the Chief Judge and the division.
13        (b) 100% of the salary for all probation officer and
14    supervisor positions approved for reimbursement by the
15    division after April 1, 1984, to meet workload standards
16    and to implement intensive sanction and probation
17    supervision programs and other basic services as defined
18    in this Act.
19        (c) 100% of the salary for all secure detention
20    personnel and non-secure group home personnel approved for
21    reimbursement after December 1, 1990. For all such
22    positions approved for reimbursement before December 1,
23    1990, the counties shall be reimbursed $1,250 per month
24    beginning July 1, 1995, and an additional $250 per month
25    beginning each July 1st thereafter until the positions
26    receive 100% salary reimbursement. Allocation of such

 

 

HB5603- 6 -LRB102 22379 RLC 31518 b

1    positions will be based on comparative need considering
2    capacity, staff/resident ratio, physical plant and
3    program.
4        (d) $1,000 per month for salaries for the remaining
5    probation officer positions engaged in basic services and
6    new or expanded services. All such positions shall be
7    approved by the division in accordance with this Act and
8    division standards.
9        For all such positions approved for reimbursement
10    under this paragraph (d), of the total statewide number as
11    of July 1, 2021, beginning on July 1, 2023, 20% of that
12    number shall be reimbursed as provided in paragraph (b) of
13    this subsection (4) at 100% salary reimbursement. Each
14    subsequent July 1, another 20% of the July 1, 2021
15    statewide number shall be reimbursed as provided in
16    paragraph (b) of this subsection (4) until there are no
17    positions reimbursed under this paragraph (d). Nothing in
18    this Act prohibits the Division from reimbursing at 100%
19    of the salary more than 20% of the total statewide number
20    of probation officers in any given year.
21        (e) 100% of the travel expenses in accordance with
22    Division standards for all Probation positions approved
23    under paragraph (b) of subsection 4 of this Section.
24        (f) If the amount of funds reimbursed to the county
25    under paragraphs (a) through (e) of subsection 4 of this
26    Section on an annual basis is less than the amount the

 

 

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1    county had received during the 12 month period immediately
2    prior to the effective date of this amendatory Act of
3    1985, then the Division shall reimburse the amount of the
4    difference to the county. The effect of paragraph (b) of
5    subsection 7 of this Section shall be considered in
6    implementing this supplemental reimbursement provision.
7    (5) The Division shall provide funds beginning on April 1,
81987 for the counties to provide Individualized Services and
9Programs as provided in Section 16 of this Act.
10    (6) A Probation and Court Services Department in order to
11be eligible for the reimbursement must submit to the Supreme
12Court an application containing such information and in such a
13form and by such dates as the Supreme Court may require.
14Departments to be eligible for funding must satisfy the
15following conditions:
16        (a) The Department shall have on file with the Supreme
17    Court an annual Probation plan for continuing, improved,
18    and new Probation and Court Services Programs approved by
19    the Supreme Court or its designee. This plan shall
20    indicate the manner in which Probation and Court Services
21    will be delivered and improved, consistent with the
22    minimum standards and regulations for Probation and Court
23    Services, as established by the Supreme Court. In counties
24    with more than one Probation and Court Services Department
25    eligible to receive funds, all Departments within that
26    county must submit plans which are approved by the Supreme

 

 

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1    Court.
2        (b) The annual probation plan shall seek to generally
3    improve the quality of probation services and to reduce
4    the commitment of adult offenders to the Department of
5    Corrections and to reduce the commitment of juvenile
6    offenders to the Department of Juvenile Justice and shall
7    require, when appropriate, coordination with the
8    Department of Corrections, the Department of Juvenile
9    Justice, and the Department of Children and Family
10    Services in the development and use of community
11    resources, information systems, case review and permanency
12    planning systems to avoid the duplication of services.
13        (c) The Department shall be in compliance with
14    standards developed by the Supreme Court for basic, new
15    and expanded services, training, personnel hiring and
16    promotion.
17        (d) The Department shall in its annual plan indicate
18    the manner in which it will support the rights of crime
19    victims and in which manner it will implement Article I,
20    Section 8.1 of the Illinois Constitution and in what
21    manner it will coordinate crime victims' support services
22    with other criminal justice agencies within its
23    jurisdiction, including but not limited to, the State's
24    Attorney, the Sheriff and any municipal police department.
25    (7) No statement shall be verified by the Supreme Court or
26its designee or vouchered by the Comptroller unless each of

 

 

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1the following conditions have been met:
2        (a) The probation officer is a full-time employee
3    appointed by the Chief Judge to provide probation
4    services.
5        (b) The probation officer, in order to be eligible for
6    State reimbursement, is receiving a salary of at least
7    $17,000 per year.
8        (c) The probation officer is appointed or was
9    reappointed in accordance with minimum qualifications or
10    criteria established by the Supreme Court; however, all
11    probation officers appointed prior to January 1, 1978,
12    shall be exempted from the minimum requirements
13    established by the Supreme Court. Payments shall be made
14    to counties employing these exempted probation officers as
15    long as they are employed in the position held on the
16    effective date of this amendatory Act of 1985. Promotions
17    shall be governed by minimum qualifications established by
18    the Supreme Court.
19        (d) The Department has an established compensation
20    schedule approved by the Supreme Court. The compensation
21    schedule shall include salary ranges with necessary
22    increments to compensate each employee. The increments
23    shall, within the salary ranges, be based on such factors
24    as bona fide occupational qualifications, performance, and
25    length of service. Each position in the Department shall
26    be placed on the compensation schedule according to job

 

 

HB5603- 10 -LRB102 22379 RLC 31518 b

1    duties and responsibilities of such position. The policy
2    and procedures of the compensation schedule shall be made
3    available to each employee.
4    (8) In order to obtain full reimbursement of all approved
5costs, each Department must continue to employ at least the
6same number of probation officers and probation managers as
7were authorized for employment for the fiscal year which
8includes January 1, 1985. This number shall be designated as
9the base amount of the Department. No positions approved by
10the Division under paragraph (b) of subsection 4 will be
11included in the base amount. In the event that the Department
12employs fewer Probation officers and Probation managers than
13the base amount for a period of 90 days, funding received by
14the Department under subsection 4 of this Section may be
15reduced on a monthly basis by the amount of the current
16salaries of any positions below the base amount.
17    (9) Before the 15th day of each month, the treasurer of any
18county which has a Probation and Court Services Department, or
19the treasurer of the most populous county, in the case of a
20Probation or Court Services Department funded by more than one
21county, shall submit an itemized statement of all approved
22costs incurred in the delivery of Basic Probation and Court
23Services under this Act to the Supreme Court. The treasurer
24may also submit an itemized statement of all approved costs
25incurred in the delivery of new and expanded Probation and
26Court Services as well as Individualized Services and

 

 

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1Programs. The Supreme Court or its designee shall verify
2compliance with this Section and shall examine and audit the
3monthly statement and, upon finding them to be correct, shall
4forward them to the Comptroller for payment to the county
5treasurer. In the case of payment to a treasurer of a county
6which is the most populous of counties sharing the salary and
7expenses of a Probation and Court Services Department, the
8treasurer shall divide the money between the counties in a
9manner that reflects each county's share of the cost incurred
10by the Department.
11    (10) The county treasurer must certify that funds received
12under this Section shall be used solely to maintain and
13improve Probation and Court Services. The county or circuit
14shall remain in compliance with all standards, policies and
15regulations established by the Supreme Court. If at any time
16the Supreme Court determines that a county or circuit is not in
17compliance, the Supreme Court shall immediately notify the
18Chief Judge, county board chairman and the Director of Court
19Services Chief Probation Officer. If after 90 days of written
20notice the noncompliance still exists, the Supreme Court shall
21be required to reduce the amount of monthly reimbursement by
2210%. An additional 10% reduction of monthly reimbursement
23shall occur for each consecutive month of noncompliance.
24Except as provided in subsection 5 of Section 15, funding to
25counties shall commence on April 1, 1986. Funds received under
26this Act shall be used to provide for Probation Department

 

 

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1expenses including those required under Section 13 of this
2Act. The Mandatory Arbitration Fund may be used to provide for
3Probation Department expenses, including those required under
4Section 13 of this Act.
5    (11) The respective counties shall be responsible for
6capital and space costs, fringe benefits, clerical costs,
7equipment, telecommunications, postage, commodities and
8printing.
9    (12) For purposes of this Act only, probation officers
10shall be considered peace officers. In the exercise of their
11official duties, probation officers, sheriffs, and police
12officers may, anywhere within the State, arrest any
13probationer who is in violation of any of the conditions of his
14or her probation, conditional discharge, or supervision, and
15it shall be the duty of the officer making the arrest to take
16the probationer before the Court having jurisdiction over the
17probationer for further order.
18(Source: P.A. 100-91, eff. 8-11-17.)