Illinois General Assembly - Full Text of HB2545
Illinois General Assembly

Previous General Assemblies

Full Text of HB2545  93rd General Assembly

HB2545ham001 93rd General Assembly



                                     LRB093 04711 RLC 13634 a

 1                    AMENDMENT TO HOUSE BILL 2545

 2        AMENDMENT NO.     .  Amend House Bill 2545  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Probation and Probation Officers Act is
 5    amended by adding Section 16.1 as follows:

 6        (730 ILCS 110/16.1 new)
 7        Sec. 16.1. Redeploy Illinois Program.
 8        (a) The purpose of  this  Section  is  to  encourage  the
 9    deinstitutionalization  of  juvenile  offenders  establishing
10    pilot  projects  in  counties  or  groups  of  counties  that
11    reallocate State funds from juvenile correctional confinement
12    to  local  jurisdictions, which will establish a continuum of
13    local, community-based sanctions and  treatment  alternatives
14    for  juvenile  offenders  who  would be incarcerated if those
15    local services and sanctions did not exist. The allotment  of
16    funds   will  be  based  on  a  formula  that  rewards  local
17    jurisdictions for the establishment  or  expansion  of  local
18    alternatives  to  incarceration, and requires them to pay for
19    utilization of incarceration as a sanction. This redeployment
20    of funds shall be  made  in  a  manner  consistent  with  the
21    Juvenile  Court  Act  of  1987 and the following purposes and
22    policies:
                            -2-      LRB093 04711 RLC 13634 a
 1             (1) The juvenile justice system should  protect  the
 2        community,   impose   accountability   to   victims   and
 3        communities  for  violations  of  law, and equip juvenile
 4        offenders  with  competencies  to  live  responsibly  and
 5        productively.
 6             (2)  Juveniles  should  be  treated  in  the   least
 7        restrictive  manner possible while maintaining the safety
 8        of the community.
 9             (3) A continuum of services and sanctions from least
10        restrictive to most restrictive should  be  available  in
11        every community.
12             (4)   There   should  be  local  responsibility  and
13        authority  for  planning,  organizing,  and  coordinating
14        service  resources  in  the  community.  People  in   the
15        community  can  best  choose  a  range  of services which
16        reflect community values and meet the needs of their  own
17        youth.
18             (5)  Juveniles who pose a threat to the community or
19        themselves need special care, including secure  settings.
20        Such  services  as detention, long-term incarceration, or
21        residential treatment are too costly to provide  in  each
22        community  and  should  be  coordinated and provided on a
23        regional or Statewide basis.
24             (6) The roles  of  State  and  local  government  in
25        creating   and  maintaining  services  to  youth  in  the
26        juvenile justice system should be  clearly  defined.  The
27        role  of  the State is to fund services, set standards of
28        care,  train   service   providers,   and   monitor   the
29        integration  and  coordination  of  services. The role of
30        local government should be to oversee  the  provision  of
31        services.
32        (b)  Each  county  or  circuit participating in the pilot
33    program must create a local plan demonstrating  how  it  will
34    reduce   the   county  or  circuit's  utilization  of  secure
                            -3-      LRB093 04711 RLC 13634 a
 1    confinement of juvenile offenders in the Illinois  Department
 2    of Corrections or county detention centers by the creation or
 3    expansion  of  individualized  services  or programs that may
 4    include but are not limited to the following:
 5             (1) Assessment and evaluation  services  to  provide
 6        the  juvenile justice system with accurate individualized
 7        case information  on  each  juvenile  offender  including
 8        mental  health,  substance abuse, educational, and family
 9        information;
10             (2) Direct services to individual juvenile offenders
11        including   educational,   vocational,   mental   health,
12        substance abuse, supervision, and  service  coordination;
13        and
14             (3)  Programs  that  seek to restore the offender to
15        the community,  such  as  victim  offender  panels,  teen
16        courts,   competency  building,  enhanced  accountability
17        measures, restitution, and community service.  The  local
18        plan must be directed in such a manner as to emphasize an
19        individualized approach to providing services to juvenile
20        offenders   in   an  integrated  community  based  system
21        including probation as the broker of services.  The  plan
22        must  also  detail the reduction in utilization of secure
23        confinement. The local plan shall be limited to  services
24        and shall not include costs for:
25                  (i) capital expenditures;
26                  (ii) renovations or remodeling;
27                  (iii) personnel costs for probation.
28        The  local  plan  shall be submitted to the Department of
29    Human Services.
30        (c)  A  county  or  group  of  counties  may  develop  an
31    agreement with the Department of  Human  Services  to  reduce
32    their  number of commitments of juvenile offenders, excluding
33    minors sentenced based upon  a  finding  of  guilt  of  first
34    degree murder, to the Department of Corrections, and then use
                            -4-      LRB093 04711 RLC 13634 a
 1    the  savings to develop local programming for youth who would
 2    otherwise  have  been  committed   to   the   Department   of
 3    Corrections.  The  county or group of counties shall agree to
 4    limit their commitments to 75% of the  level  of  commitments
 5    from  the average number of juvenile commitments for the past
 6    3 years, and will receive the savings to redeploy  for  local
 7    programming  for  juveniles  who  would  otherwise be held in
 8    confinement. The agreement shall set forth the following:
 9             (1) a Statement of the number and type  of  juvenile
10        offenders  from  the  county  who  were  held  in  secure
11        confinement  by the Illinois Department of Corrections or
12        in county detention the previous year, and an explanation
13        of which, and how  many,  of  these  offenders  might  be
14        served through the proposed Redeploy Illinois Program for
15        which the funds shall be used;
16             (2)  a  Statement  of the service needs of currently
17        confined juveniles;
18             (3) a Statement of the type of services and programs
19        to provide for  the  individual  needs  of  the  juvenile
20        offenders,   and  the  research  or  evidence  base  that
21        qualifies  those  services  and  programs  as  proven  or
22        promising practices;
23             (4) a budget indicating the costs of each service or
24        program to be funded under the plan;
25             (5) a summary of contracts  and  service  agreements
26        indicating  the  treatment  goals  and number of juvenile
27        offenders to be served by each service provider; and
28             (6)  a  Statement  indicating  that   the   Redeploy
29        Illinois Program will not duplicate existing services and
30        programs. Funds for this plan shall not supplant existing
31        county funded programs.
32        (d)  The  Department  of  Human  Services  shall  forward
33    Redeploy  Illinois Program allocations to the State Treasurer
34    as provided in Section 15 of  this  Act.  Each  county  shall
                            -5-      LRB093 04711 RLC 13634 a
 1    receive,  maintain, and appropriate those funds in a separate
 2    line item account of  the  probation  department  budget.  In
 3    addition,  the  Department  of  Human  Services  shall,  upon
 4    approval  of  the  annual  plan,  forward 20% of the approved
 5    Redeploy Illinois Program allocations to the State  Treasurer
 6    to   be  deposited  in  the  line  item  account.  Subsequent
 7    allocations shall be made to the county on a  monthly  basis.
 8    It  shall  be  the  responsibility  of the county through the
 9    probation budget and in accordance  with  county  policy  and
10    procedure to make payments for the Redeploy Illinois Program.
11    At  the  end of the State of Illinois fiscal year, the county
12    shall promptly return any uncommitted and unused  funds  from
13    this account.
14        (e) The Department of Human Services shall be responsible
15    for the following:
16             (1)  Reviewing  each  Redeploy Illinois Program plan
17        for compliance with standards established for such plans.
18        A plan  may  be  approved  as  submitted,  approved  with
19        modifications,  or  rejected. No plan shall be considered
20        for approval if the circuit or  county  is  not  in  full
21        compliance with all regulations, standards and guidelines
22        pertaining to the delivery of basic probation services as
23        established by the Supreme Court.
24             (2)  Monitoring  on a continual basis and evaluating
25        annually both the program and its  fiscal  activities  in
26        all  counties  receiving an allocation under the Redeploy
27        Illinois Program. Any program or service that has not met
28        the goals and  objectives  of  its  contract  or  service
29        agreement  shall  be  subject  to  denial  for funding in
30        subsequent years. The Department of Human Services  shall
31        evaluate  the  effectiveness  of  the  Redeploy  Illinois
32        Program  in  each  circuit  or county. In determining the
33        future funding for the Redeploy  Illinois  Program  under
34        this  Act,  the  evaluation  shall  include, as a primary
                            -6-      LRB093 04711 RLC 13634 a
 1        indicator of success, a decreased number  of  confinement
 2        days for the county's juvenile offenders.
 3        (f) Any Redeploy Illinois Program allocations not applied
 4    for and approved by the Department of Human Services shall be
 5    available  for  redistribution  to  approved  plans  for  the
 6    remainder  of that fiscal year. Any county that invests local
 7    moneys in the Redeploy Illinois Program shall be given  first
 8    consideration   for   any   redistribution   of  allocations.
 9    Jurisdictions participating in Redeploy Illinois that  exceed
10    their  agreed  upon level of commitments to the Department of
11    Corrections shall reimburse the Department of Corrections for
12    each commitment above the agreed upon level.
13        (g) Implementation of Redeploy Illinois.
14             (1)  Planning Phase.
15                  (i)  Redeploy  Illinois  Oversight  Board.  The
16             Department  of  Human  Services  shall  convene   an
17             inter-agency  oversight board to develop plans for a
18             pilot Redeploy Illinois  Program.  The  Board  shall
19             include,  but  not be limited to, designees from the
20             Department of Corrections, the Administrative Office
21             of  the  Illinois  Courts,  the  Illinois   Juvenile
22             Justice  Commission,  the  Illinois Criminal Justice
23             Information Authority, the  Department  of  Children
24             and   Family   Services,  and  the  State  Board  of
25             Education. Other designees may include government as
26             well  as  private   organizations,   as   determined
27             necessary  by  the Department of Human Services. The
28             Chair of the Oversight Board shall be  appointed  by
29             the Governor.
30                  (ii)  Responsibilities of the Redeploy Illinois
31             Oversight Board. The Oversight Board shall:
32                  (A)  Identify  jurisdictions  to be included in
33             the initial pilot program of Redeploy Illinois.
34                  (B)  Develop a  formula  for  reimbursement  of
                            -7-      LRB093 04711 RLC 13634 a
 1             local  jurisdictions  for  local and community-based
 2             services utilized  in  lieu  of  commitment  to  the
 3             Department  of  Corrections,  as  well  as  for  any
 4             charges  for  local  jurisdictions  for  commitments
 5             above the agreed upon limit in the approved plan.
 6                  (C)  Identify  resources  sufficient to support
 7             the  administration  and  evaluation   of   Redeploy
 8             Illinois.
 9                  (D) Develop a process and identify resources to
10             support   on-going   monitoring  and  evaluation  of
11             Redeploy Illinois.
12                  (E) Develop a process and identify resources to
13             support training on Redeploy Illinois.
14                  (F) Report to  the  Governor  and  the  General
15             Assembly  on  an  annual  basis  on  the progress of
16             Redeploy Illinois.
17             (iii)  Length of Planning Phase. The planning  phase
18        may  last  up  to,  but may in no event last longer than,
19        July 1, 2004.
20             (2) Pilot Phase. In the second phase of the Redeploy
21        Illinois program, the Department of Human Services  shall
22        implement  several pilot programs of Redeploy Illinois in
23        counties or groups  of  counties  as  identified  by  the
24        Oversight  Board.  Annual review of the Redeploy Illinois
25        program   by   the   Oversight   Board   shall    include
26        recommendations for future sites for Redeploy Illinois.

27        Section  99.  Effective  date. This Act takes effect upon
28    becoming law.".