093_HB2545enr

 
HB2545 Enrolled                      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.
 
HB2545 Enrolled            -2-       LRB093 04711 RLC 11062 b
 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 Enrolled            -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 or an offense  which  is  a  Class  X  forcible
27    felony  as  defined  in  the  Criminal  Code  of 1961, to the
28    Department of  Corrections,  and  then  use  the  savings  to
29    develop  local programming for youth who would otherwise have
30    been committed to the Department of Corrections.  The  county
31    or  group  of counties shall agree to limit their commitments
32    to 75% of the level of commitments from the average number of
33    juvenile commitments for the past 3 years, and  will  receive
34    the  savings  to redeploy for local programming for juveniles
 
HB2545 Enrolled            -4-       LRB093 04711 RLC 11062 b
 1    who would otherwise be held  in  confinement.  The  agreement
 2    shall set forth the following:
 3             (1)  a  Statement of the number and type of juvenile
 4        offenders  from  the  county  who  were  held  in  secure
 5        confinement by the Illinois Department of Corrections  or
 6        in county detention the previous year, and an explanation
 7        of  which,  and  how  many,  of  these offenders might be
 8        served through the proposed Redeploy Illinois Program for
 9        which the funds shall be used;
10             (2) a Statement of the service  needs  of  currently
11        confined juveniles;
12             (3) a Statement of the type of services and programs
13        to  provide  for  the  individual  needs  of the juvenile
14        offenders,  and  the  research  or  evidence  base   that
15        qualifies  those  services  and  programs  as  proven  or
16        promising practices;
17             (4) a budget indicating the costs of each service or
18        program to be funded under the plan;
19             (5)  a  summary  of contracts and service agreements
20        indicating the treatment goals  and  number  of  juvenile
21        offenders to be served by each service provider; and
22             (6)   a   Statement  indicating  that  the  Redeploy
23        Illinois Program will not duplicate existing services and
24        programs. Funds for this plan shall not supplant existing
25        county funded programs.
26        (d)  The  Department  of  Human  Services  shall  forward
27    Redeploy Illinois Program allocations to the State  Treasurer
28    as  provided  in  Section  15  of this Act. Each county shall
29    receive, maintain, and appropriate those funds in a  separate
30    line  item  account  of  the  probation department budget. In
31    addition,  the  Department  of  Human  Services  shall,  upon
32    approval of the annual plan,  forward  20%  of  the  approved
33    Redeploy  Illinois Program allocations to the State Treasurer
34    to  be  deposited  in  the  line  item  account.   Subsequent
 
HB2545 Enrolled            -5-       LRB093 04711 RLC 11062 b
 1    allocations  shall  be made to the county on a monthly basis.
 2    It shall be the responsibility  of  the  county  through  the
 3    probation  budget  and  in  accordance with county policy and
 4    procedure to make payments for the Redeploy Illinois Program.
 5    At the end of the State of Illinois fiscal year,  the  county
 6    shall  promptly  return any uncommitted and unused funds from
 7    this account.
 8        (e) The Department of Human Services shall be responsible
 9    for the following:
10             (1) Reviewing each Redeploy  Illinois  Program  plan
11        for compliance with standards established for such plans.
12        A  plan  may  be  approved  as  submitted,  approved with
13        modifications, or rejected. No plan shall  be  considered
14        for  approval  if  the  circuit  or county is not in full
15        compliance with all regulations, standards and guidelines
16        pertaining to the delivery of basic probation services as
17        established by the Supreme Court.
18             (2) Monitoring on a continual basis  and  evaluating
19        annually  both  the  program and its fiscal activities in
20        all counties receiving an allocation under  the  Redeploy
21        Illinois Program. Any program or service that has not met
22        the  goals  and  objectives  of  its  contract or service
23        agreement shall be  subject  to  denial  for  funding  in
24        subsequent  years. The Department of Human Services shall
25        evaluate  the  effectiveness  of  the  Redeploy  Illinois
26        Program in each circuit or  county.  In  determining  the
27        future  funding  for  the Redeploy Illinois Program under
28        this Act, the evaluation  shall  include,  as  a  primary
29        indicator  of  success, a decreased number of confinement
30        days for the county's juvenile offenders.
31        (f) Any Redeploy Illinois Program allocations not applied
32    for and approved by the Department of Human Services shall be
33    available  for  redistribution  to  approved  plans  for  the
34    remainder of that fiscal year. Any county that invests  local
 
HB2545 Enrolled            -6-       LRB093 04711 RLC 11062 b
 1    moneys  in the Redeploy Illinois Program shall be given first
 2    consideration  for   any   redistribution   of   allocations.
 3    Jurisdictions  participating in Redeploy Illinois that exceed
 4    their agreed upon level of commitments to the  Department  of
 5    Corrections shall reimburse the Department of Corrections for
 6    each commitment above the agreed upon level.
 7        (g) Implementation of Redeploy Illinois.
 8             (1)  Planning Phase.
 9        (i)  Redeploy Illinois Oversight Board. The Department of
10    Human  Services  shall  convene an oversight board to develop
11    plans for a pilot Redeploy Illinois Program. The Board  shall
12    include, but not be limited to, designees from the Department
13    of Corrections, the Administrative Office of Illinois Courts,
14    the   Illinois  Juvenile  Justice  Commission,  the  Illinois
15    Criminal Justice Information  Authority,  the  Department  of
16    Children  and  Family Services, the State Board of Education,
17    the Cook County State's  Attorney,  and  a  State's  Attorney
18    selected  by the President of the Illinois State's Attorney's
19    Association.
20                  (ii)  Responsibilities of the Redeploy Illinois
21             Oversight Board. The Oversight Board shall:
22                  (A)  Identify jurisdictions to  be  invited  in
23             the initial pilot program of Redeploy Illinois.
24                  (B)  Develop  a  formula  for  reimbursement of
25             local jurisdictions for  local  and  community-based
26             services  utilized  in  lieu  of  commitment  to the
27             Department  of  Corrections,  as  well  as  for  any
28             charges  for  local  jurisdictions  for  commitments
29             above the agreed upon limit in the approved plan.
30                  (C) Identify resources  sufficient  to  support
31             the   administration   and  evaluation  of  Redeploy
32             Illinois.
33                  (D) Develop a process and identify resources to
34             support  on-going  monitoring  and   evaluation   of
 
HB2545 Enrolled            -7-       LRB093 04711 RLC 11062 b
 1             Redeploy Illinois.
 2                  (E) Develop a process and identify resources to
 3             support training on Redeploy Illinois.
 4                  (F)  Report  to  the  Governor  and the General
 5             Assembly on an  annual  basis  on  the  progress  of
 6             Redeploy Illinois.
 7             (iii)  Length  of Planning Phase. The planning phase
 8        may last up to, but may in no  event  last  longer  than,
 9        July 1, 2004.
10             (2) Pilot Phase. In the second phase of the Redeploy
11        Illinois  program, the Department of Human Services shall
12        implement several pilot programs of Redeploy Illinois  in
13        counties  or  groups  of  counties  as  identified by the
14        Oversight Board. Annual review of the  Redeploy  Illinois
15        program    by   the   Oversight   Board   shall   include
16        recommendations for future sites for Redeploy Illinois.

17        Section 99. Effective date. This Act  takes  effect  upon
18    becoming law.