093_HB2545eng
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1 AN ACT in relation to juvenile offenders, which may be
2 referred to as the Redeploy Illinois Program amendments.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Probation and Probation Officers Act is
6 amended by adding Section 16.1 as follows:
7 (730 ILCS 110/16.1 new)
8 Sec. 16.1. Redeploy Illinois Program.
9 (a) The purpose of this Section is to encourage the
10 deinstitutionalization of juvenile offenders establishing
11 pilot projects in counties or groups of counties that
12 reallocate State funds from juvenile correctional confinement
13 to local jurisdictions, which will establish a continuum of
14 local, community-based sanctions and treatment alternatives
15 for juvenile offenders who would be incarcerated if those
16 local services and sanctions did not exist. The allotment of
17 funds will be based on a formula that rewards local
18 jurisdictions for the establishment or expansion of local
19 alternatives to incarceration, and requires them to pay for
20 utilization of incarceration as a sanction. This redeployment
21 of funds shall be made in a manner consistent with the
22 Juvenile Court Act of 1987 and the following purposes and
23 policies:
24 (1) The juvenile justice system should protect the
25 community, impose accountability to victims and
26 communities for violations of law, and equip juvenile
27 offenders with competencies to live responsibly and
28 productively.
29 (2) Juveniles should be treated in the least
30 restrictive manner possible while maintaining the safety
31 of the community.
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1 (3) A continuum of services and sanctions from least
2 restrictive to most restrictive should be available in
3 every community.
4 (4) There should be local responsibility and
5 authority for planning, organizing, and coordinating
6 service resources in the community. People in the
7 community can best choose a range of services which
8 reflect community values and meet the needs of their own
9 youth.
10 (5) Juveniles who pose a threat to the community or
11 themselves need special care, including secure settings.
12 Such services as detention, long-term incarceration, or
13 residential treatment are too costly to provide in each
14 community and should be coordinated and provided on a
15 regional or Statewide basis.
16 (6) The roles of State and local government in
17 creating and maintaining services to youth in the
18 juvenile justice system should be clearly defined. The
19 role of the State is to fund services, set standards of
20 care, train service providers, and monitor the
21 integration and coordination of services. The role of
22 local government should be to oversee the provision of
23 services.
24 (b) Each county or circuit participating in the pilot
25 program must create a local plan demonstrating how it will
26 reduce the county or circuit's utilization of secure
27 confinement of juvenile offenders in the Illinois Department
28 of Corrections or county detention centers by the creation or
29 expansion of individualized services or programs that may
30 include but are not limited to the following:
31 (1) Assessment and evaluation services to provide
32 the juvenile justice system with accurate individualized
33 case information on each juvenile offender including
34 mental health, substance abuse, educational, and family
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1 information;
2 (2) Direct services to individual juvenile offenders
3 including educational, vocational, mental health,
4 substance abuse, supervision, and service coordination;
5 and
6 (3) Programs that seek to restore the offender to
7 the community, such as victim offender panels, teen
8 courts, competency building, enhanced accountability
9 measures, restitution, and community service. The local
10 plan must be directed in such a manner as to emphasize an
11 individualized approach to providing services to juvenile
12 offenders in an integrated community based system
13 including probation as the broker of services. The plan
14 must also detail the reduction in utilization of secure
15 confinement. The local plan shall be limited to services
16 and shall not include costs for:
17 (i) capital expenditures;
18 (ii) renovations or remodeling;
19 (iii) personnel costs for probation.
20 The local plan shall be submitted to the Department of
21 Human Services.
22 (c) A county or group of counties may develop an
23 agreement with the Department of Human Services to reduce
24 their number of commitments of juvenile offenders, excluding
25 minors sentenced based upon a finding of guilt of first
26 degree murder, to the Department of Corrections, and then use
27 the savings to develop local programming for youth who would
28 otherwise have been committed to the Department of
29 Corrections. The county or group of counties shall agree to
30 limit their commitments to 75% of the level of commitments
31 from the average number of juvenile commitments for the past
32 3 years, and will receive the savings to redeploy for local
33 programming for juveniles who would otherwise be held in
34 confinement. The agreement shall set forth the following:
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1 (1) a Statement of the number and type of juvenile
2 offenders from the county who were held in secure
3 confinement by the Illinois Department of Corrections or
4 in county detention the previous year, and an explanation
5 of which, and how many, of these offenders might be
6 served through the proposed Redeploy Illinois Program for
7 which the funds shall be used;
8 (2) a Statement of the service needs of currently
9 confined juveniles;
10 (3) a Statement of the type of services and programs
11 to provide for the individual needs of the juvenile
12 offenders, and the research or evidence base that
13 qualifies those services and programs as proven or
14 promising practices;
15 (4) a budget indicating the costs of each service or
16 program to be funded under the plan;
17 (5) a summary of contracts and service agreements
18 indicating the treatment goals and number of juvenile
19 offenders to be served by each service provider; and
20 (6) a Statement indicating that the Redeploy
21 Illinois Program will not duplicate existing services and
22 programs. Funds for this plan shall not supplant existing
23 county funded programs.
24 (d) The Department of Human Services shall forward
25 Redeploy Illinois Program allocations to the State Treasurer
26 as provided in Section 15 of this Act. Each county shall
27 receive, maintain, and appropriate those funds in a separate
28 line item account of the probation department budget. In
29 addition, the Department of Human Services shall, upon
30 approval of the annual plan, forward 20% of the approved
31 Redeploy Illinois Program allocations to the State Treasurer
32 to be deposited in the line item account. Subsequent
33 allocations shall be made to the county on a monthly basis.
34 It shall be the responsibility of the county through the
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1 probation budget and in accordance with county policy and
2 procedure to make payments for the Redeploy Illinois Program.
3 At the end of the State of Illinois fiscal year, the county
4 shall promptly return any uncommitted and unused funds from
5 this account.
6 (e) The Department of Human Services shall be responsible
7 for the following:
8 (1) Reviewing each Redeploy Illinois Program plan
9 for compliance with standards established for such plans.
10 A plan may be approved as submitted, approved with
11 modifications, or rejected. No plan shall be considered
12 for approval if the circuit or county is not in full
13 compliance with all regulations, standards and guidelines
14 pertaining to the delivery of basic probation services as
15 established by the Supreme Court.
16 (2) Monitoring on a continual basis and evaluating
17 annually both the program and its fiscal activities in
18 all counties receiving an allocation under the Redeploy
19 Illinois Program. Any program or service that has not met
20 the goals and objectives of its contract or service
21 agreement shall be subject to denial for funding in
22 subsequent years. The Department of Human Services shall
23 evaluate the effectiveness of the Redeploy Illinois
24 Program in each circuit or county. In determining the
25 future funding for the Redeploy Illinois Program under
26 this Act, the evaluation shall include, as a primary
27 indicator of success, a decreased number of confinement
28 days for the county's juvenile offenders.
29 (f) Any Redeploy Illinois Program allocations not applied
30 for and approved by the Department of Human Services shall be
31 available for redistribution to approved plans for the
32 remainder of that fiscal year. Any county that invests local
33 moneys in the Redeploy Illinois Program shall be given first
34 consideration for any redistribution of allocations.
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1 Jurisdictions participating in Redeploy Illinois that exceed
2 their agreed upon level of commitments to the Department of
3 Corrections shall reimburse the Department of Corrections for
4 each commitment above the agreed upon level.
5 (g) Implementation of Redeploy Illinois.
6 (1) Planning Phase.
7 (i) Redeploy Illinois Oversight Board. The
8 Department of Human Services shall convene an
9 inter-agency oversight board to develop plans for a
10 pilot Redeploy Illinois Program. The Board shall
11 include, but not be limited to, designees from the
12 Department of Corrections, the Administrative Office
13 of the Illinois Courts, the Illinois Juvenile
14 Justice Commission, the Illinois Criminal Justice
15 Information Authority, the Department of Children
16 and Family Services, and the State Board of
17 Education. Other designees may include government as
18 well as private organizations, as determined
19 necessary by the Department of Human Services. The
20 Chair of the Oversight Board shall be appointed by
21 the Governor.
22 (ii) Responsibilities of the Redeploy Illinois
23 Oversight Board. The Oversight Board shall:
24 (A) Identify jurisdictions to be included in
25 the initial pilot program of Redeploy Illinois.
26 (B) Develop a formula for reimbursement of
27 local jurisdictions for local and community-based
28 services utilized in lieu of commitment to the
29 Department of Corrections, as well as for any
30 charges for local jurisdictions for commitments
31 above the agreed upon limit in the approved plan.
32 (C) Identify resources sufficient to support
33 the administration and evaluation of Redeploy
34 Illinois.
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1 (D) Develop a process and identify resources to
2 support on-going monitoring and evaluation of
3 Redeploy Illinois.
4 (E) Develop a process and identify resources to
5 support training on Redeploy Illinois.
6 (F) Report to the Governor and the General
7 Assembly on an annual basis on the progress of
8 Redeploy Illinois.
9 (iii) Length of Planning Phase. The planning phase
10 may last up to, but may in no event last longer than,
11 July 1, 2004.
12 (2) Pilot Phase. In the second phase of the Redeploy
13 Illinois program, the Department of Human Services shall
14 implement several pilot programs of Redeploy Illinois in
15 counties or groups of counties as identified by the
16 Oversight Board. Annual review of the Redeploy Illinois
17 program by the Oversight Board shall include
18 recommendations for future sites for Redeploy Illinois.
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.