093_HB2545eng

 
HB2545 Engrossed                     LRB093 04711 RLC 11062 b

 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
 
HB2545 Engrossed            -3-      LRB093 04711 RLC 11062 b
 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:
 
HB2545 Engrossed            -4-      LRB093 04711 RLC 11062 b
 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
 
HB2545 Engrossed            -5-      LRB093 04711 RLC 11062 b
 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.
 
HB2545 Engrossed            -6-      LRB093 04711 RLC 11062 b
 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.
 
HB2545 Engrossed            -7-      LRB093 04711 RLC 11062 b
 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.