093_SB1458eng

 
SB1458 Engrossed                     LRB093 03568 RLC 03597 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Juvenile Court Act of 1987 is amended by
 5    changing Section 6-1 as follows:

 6        (705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
 7        Sec. 6-1.  Probation departments; functions and duties.
 8        (1)  The chief judge of each circuit shall make provision
 9    for probation services for each county in his or her circuit.
10    The appointment of officers to probation  or  court  services
11    departments  and the administration of such departments shall
12    be governed by the provisions of the Probation and  Probation
13    Officers Act.
14        (2)  Every county or every group of counties constituting
15    a  probation  district  shall  maintain  a  court services or
16    probation  department  subject  to  the  provisions  of   the
17    Probation  and  Probation  Officers Act.  For the purposes of
18    this Act, such a court services or probation department  has,
19    but is not limited to, the following powers and duties:
20             (a)  When  authorized  or  directed by the court, to
21        receive, investigate and evaluate  complaints  indicating
22        dependency,  requirement  of  authoritative intervention,
23        addiction or delinquency within the meaning  of  Sections
24        2-3,  2-4,  3-3, 4-3 or 5-105, respectively; to determine
25        or  assist  the  complainant  in  determining  whether  a
26        petition should be filed under Sections 2-13, 3-15,  4-12
27        or 5-520 or whether referral should be made to an agency,
28        association  or other person or whether some other action
29        is advisable; and to  see  that  the  indicating  filing,
30        referral  or  other  action is accomplished.  However, no
31        such investigation, evaluation  or  supervision  by  such
 
SB1458 Engrossed            -2-      LRB093 03568 RLC 03597 b
 1        court  services  or probation department is to occur with
 2        regard to complaints indicating only that a minor may  be
 3        a chronic or habitual truant.
 4             (b)  When  a  petition  is filed under Section 2-13,
 5        3-15, 4-15 or 5-520, to make  pre-hearing  investigations
 6        and formulate recommendations to the court when the court
 7        has authorized or directed the department to do so.
 8             (c)  To  counsel  and,  by  order  of  the court, to
 9        supervise  minors  referred  to  the  court;  to  conduct
10        indicated programs of casework, including  referrals  for
11        medical  and  mental health service, organized recreation
12        and job placement  for  wards  of  the  court  and,  when
13        appropriate,  for members of the family of a ward; to act
14        as liaison officer between  the  court  and  agencies  or
15        associations  to  which  minors  are  referred or through
16        which they are placed; when so  appointed,  to  serve  as
17        guardian of the person of a ward of the court; to provide
18        probation  supervision and protective supervision ordered
19        by the court; and to provide like services to  wards  and
20        probationers of courts in other counties or jurisdictions
21        who have lawfully become local residents.
22             (d)  To  arrange  for  placements  pursuant to court
23        order.
24             (e)  To  assume  administrative  responsibility  for
25        such detention, shelter care and other  institutions  for
26        minors as the court may operate.
27             (f)  To maintain an adequate system of case records,
28        statistical  records,  and  financial  records related to
29        juvenile detention and shelter care and to  make  reports
30        to  the  court  and  other authorized persons, and to the
31        Supreme Court pursuant to  the  Probation  and  Probation
32        Officers Act.
33             (g)  To  perform  such  other  services  as  may  be
34        appropriate  to effectuate the purposes of this Act or as
 
SB1458 Engrossed            -3-      LRB093 03568 RLC 03597 b
 1        may be directed by any order of  court  made  under  this
 2        Act.
 3        (3)  The  court  services  or probation department in any
 4    probation district  or  county  having  less  than  1,000,000
 5    inhabitants,  or  any  personnel  of  the  department, may be
 6    required by the circuit court to render services to the court
 7    in other matters as well as proceedings under this Act.
 8        (4)  In any county or  probation  district,  a  probation
 9    department  may  be  established  as a separate division of a
10    more  inclusive  department  of  court  services,  with   any
11    appropriate  divisional designation.  The organization of any
12    such department of court  services  and  the  appointment  of
13    officers  and  other personnel must comply with the Probation
14    and Probations Officers Act.
15        (5)  For purposes of this Act  only,  probation  officers
16    appointed to probation or court services departments shall be
17    considered peace officers.  In the exercise of their official
18    duties,  probation  officers,  sheriffs,  and police officers
19    may, anywhere within the State, arrest any minor  who  is  in
20    violation  of  any of the conditions of his or her probation,
21    continuance under supervision, or informal  supervision,  and
22    it shall be the duty of the officer making the arrest to take
23    the minor before the court having jurisdiction over the minor
24    for further action.
25    (Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)

26        Section  10.  The Probation and Probation Officers Act is
27    amended by changing Section 15 as follows:

28        (730 ILCS 110/15) (from Ch. 38, par. 204-7)
29        Sec. 15.  (1) The Supreme Court of Illinois may establish
30    a Division of Probation Services whose purpose shall  be  the
31    development,  establishment, promulgation, and enforcement of
32    uniform standards for probation services in this  State,  and
 
SB1458 Engrossed            -4-      LRB093 03568 RLC 03597 b
 1    to  otherwise carry out the intent of this Act.  The Division
 2    may:
 3             (a)  establish qualifications  for  chief  probation
 4        officers and other probation and court services personnel
 5        as to hiring, promotion, and training.
 6             (b)  make  available,  on  a  timely basis, lists of
 7        those   applicants   whose   qualifications   meet    the
 8        regulations  referred  to herein, including on said lists
 9        all candidates found qualified.
10             (c)  establish a means of verifying  the  conditions
11        for reimbursement under this Act and develop criteria for
12        approved costs for reimbursement.
13             (d)  develop    standards   and   approve   employee
14        compensation schedules for probation and  court  services
15        departments.
16             (e)  employ  sufficient personnel in the Division to
17        carry out the functions of the Division.
18             (f)  establish a system of  training  and  establish
19        standards for personnel orientation and training.
20             (g)  develop   standards  for  a  system  of  record
21        keeping  for  cases  and  programs,  gather   statistics,
22        establish a system of uniform forms, and develop research
23        for planning of Probation Services.
24             (h)  develop  standards  to  assure adequate support
25        personnel, office space, equipment and  supplies,  travel
26        expenses,   and   other  essential  items  necessary  for
27        Probation and Court Services  Departments  to  carry  out
28        their duties.
29             (i)  review  and  approve  annual plans submitted by
30        Probation and Court Services Departments.
31             (j)  monitor and evaluate all programs  operated  by
32        Probation and Court Services Departments, and may include
33        in  the  program  evaluation criteria such factors as the
34        percentage of Probation sentences for felons convicted of
 
SB1458 Engrossed            -5-      LRB093 03568 RLC 03597 b
 1        Probationable offenses.
 2             (k)  seek  the  cooperation  of  local   and   State
 3        government and private agencies to improve the quality of
 4        probation and court services.
 5             (l)  where   appropriate,   establish  programs  and
 6        corresponding standards designed to generally improve the
 7        quality of probation and court services  and  reduce  the
 8        rate  of  adult  or  juvenile  offenders committed to the
 9        Department of Corrections.
10             (m)  establish such other standards and  regulations
11        and  do  all  acts  necessary to carry out the intent and
12        purposes of this Act.
13        The Division shall establish a model list  of  structured
14    intermediate  sanctions  that  may  be imposed by a probation
15    agency for violations of terms and conditions of  a  sentence
16    of probation, conditional discharge, or supervision.
17        The  State  of  Illinois  shall  provide for the costs of
18    personnel, travel,  equipment,  telecommunications,  postage,
19    commodities,  printing, space, contractual services and other
20    related costs necessary to carry out the intent of this Act.
21        (2) (a)  The chief judge of each  circuit  shall  provide
22    full-time  probation  services  for  all  counties within the
23    circuit, in a manner consistent  with  the  annual  probation
24    plan, the standards, policies, and regulations established by
25    the  Supreme  Court.  A  probation  district  of  two or more
26    counties within a circuit may be created for the purposes  of
27    providing full-time probation services. Every county or group
28    of  counties  within  a  circuit  shall  maintain a probation
29    department which shall be under the authority  of  the  Chief
30    Judge  of  the  circuit or some other judge designated by the
31    Chief Judge. The Chief Judge, through the Probation and Court
32    Services Department shall submit annual plans to the Division
33    for probation and related services.
34        (b)  The Chief Judge of each circuit  shall  appoint  the
 
SB1458 Engrossed            -6-      LRB093 03568 RLC 03597 b
 1    Chief  Probation Officer and all other probation officers for
 2    his  or  her  circuit  from  lists  of  qualified  applicants
 3    supplied by the Supreme Court. Candidates for chief  managing
 4    officer and other probation officer positions must apply with
 5    both the Chief Judge of the circuit and the Supreme Court.
 6        (3)  A Probation and Court Service Department shall apply
 7    to  the  Supreme  Court for funds for basic services, and may
 8    apply  for  funds  for   new   and   expanded   programs   or
 9    Individualized   Services   and   Programs.  Costs  shall  be
10    reimbursed monthly based on a plan and budget approved by the
11    Supreme Court. No Department  may  be  reimbursed  for  costs
12    which  exceed  or are not provided for in the approved annual
13    plan and budget. After the effective date of this  amendatory
14    Act  of  1985,  each  county  must  provide basic services in
15    accordance with the annual plan and standards created by  the
16    division. No department may receive funds for new or expanded
17    programs  or individualized services and programs unless they
18    are in compliance with standards as enumerated  in  paragraph
19    (h)  of  subsection (1) of this Section, the annual plan, and
20    standards for basic services.
21        (4)  The Division shall reimburse the county or  counties
22    for probation services as follows:
23             (a)  100%  of  the  salary  of  all  chief  managing
24        officers  designated  as  such by the Chief Judge and the
25        division.
26             (b)  100% of the salary for  all  probation  officer
27        and  supervisor  positions  approved for reimbursement by
28        the division  after  April  1,  1984,  to  meet  workload
29        standards   and   to  implement  intensive  sanction  and
30        probation supervision programs and other  basic  services
31        as defined in this Act.
32             (c)  100%  of  the  salary  for all secure detention
33        personnel and non-secure group  home  personnel  approved
34        for  reimbursement  after  December 1, 1990. For all such
 
SB1458 Engrossed            -7-      LRB093 03568 RLC 03597 b
 1        positions approved for reimbursement before  December  1,
 2        1990,  the  counties shall be reimbursed $1,250 per month
 3        beginning July 1, 1995, and an additional $250 per  month
 4        beginning  each  July  1st thereafter until the positions
 5        receive 100% salary  reimbursement.  Allocation  of  such
 6        positions  will  be based on comparative need considering
 7        capacity,  staff/resident  ratio,  physical   plant   and
 8        program.
 9             (d)  $1,000 per month for salaries for the remaining
10        probation officer positions engaged in basic services and
11        new  or  expanded  services.  All such positions shall be
12        approved by the division in accordance with this Act  and
13        division standards.
14             (e)  100%  of the travel expenses in accordance with
15        Division standards for all Probation  positions  approved
16        under paragraph (b) of subsection 4 of this Section.
17             (f)  If the amount of funds reimbursed to the county
18        under  paragraphs (a) through (e) of subsection 4 of this
19        Section on an annual basis is less than  the  amount  the
20        county   had   received   during   the  12  month  period
21        immediately  prior  to  the  effective   date   of   this
22        amendatory Act of 1985, then the Division shall reimburse
23        the amount of the difference to the county. The effect of
24        paragraph  (b)  of  subsection 7 of this Section shall be
25        considered    in    implementing    this     supplemental
26        reimbursement provision.
27        (5)  The  Division shall provide funds beginning on April
28    1, 1987 for the counties to provide  Individualized  Services
29    and Programs as provided in Section 16 of this Act.
30        (6)  A  Probation  and Court Services Department in order
31    to be eligible for  the  reimbursement  must  submit  to  the
32    Supreme  Court an application containing such information and
33    in such a form and by such dates as  the  Supreme  Court  may
34    require.  Departments to be eligible for funding must satisfy
 
SB1458 Engrossed            -8-      LRB093 03568 RLC 03597 b
 1    the following conditions:
 2             (a)  The Department shall  have  on  file  with  the
 3        Supreme  Court  an  annual Probation plan for continuing,
 4        improved, and new Probation and Court  Services  Programs
 5        approved  by the Supreme Court or its designee. This plan
 6        shall indicate the manner in which  Probation  and  Court
 7        Services  will be delivered and improved, consistent with
 8        the minimum standards and regulations for  Probation  and
 9        Court  Services,  as established by the Supreme Court. In
10        counties with more than one Probation and Court  Services
11        Department  eligible  to  receive  funds, all Departments
12        within that county must submit plans which  are  approved
13        by the Supreme Court.
14             (b)  The   annual   probation  plan  shall  seek  to
15        generally improve the quality of probation  services  and
16        to  reduce the commitment of adult and juvenile offenders
17        to the Department of Corrections and shall require,  when
18        appropriate,   coordination   with   the   Department  of
19        Corrections and the Department  of  Children  and  Family
20        Services   in   the  development  and  use  of  community
21        resources,   information   systems,   case   review   and
22        permanency planning systems to avoid the  duplication  of
23        services.
24             (c)  The  Department  shall  be  in  compliance with
25        standards developed by the Supreme Court for  basic,  new
26        and  expanded  services,  training,  personnel hiring and
27        promotion.
28             (d)  The  Department  shall  in  its   annual   plan
29        indicate  the  manner in which it will support the rights
30        of crime victims and in which manner  it  will  implement
31        Article  I,  Section 8.1 of the Illinois Constitution and
32        in what manner it will coordinate crime victims'  support
33        services  with other criminal justice agencies within its
34        jurisdiction, including but not limited to,  the  State's
 
SB1458 Engrossed            -9-      LRB093 03568 RLC 03597 b
 1        Attorney,   the   Sheriff   and   any   municipal  police
 2        department.
 3        (7)  No statement shall be verified by the Supreme  Court
 4    or  its  designee or vouchered by the Comptroller unless each
 5    of the following conditions have been met:
 6             (a)  The probation officer is a  full-time  employee
 7        appointed   by  the  Chief  Judge  to  provide  probation
 8        services.
 9             (b)  The probation officer, in order to be  eligible
10        for  State  reimbursement,  is  receiving  a salary of at
11        least $17,000 per year.
12             (c)  The  probation  officer  is  appointed  or  was
13        reappointed in accordance with minimum qualifications  or
14        criteria  established  by the Supreme Court; however, all
15        probation officers appointed prior to  January  1,  1978,
16        shall   be   exempted   from   the  minimum  requirements
17        established by the Supreme Court. Payments shall be  made
18        to  counties  employing these exempted probation officers
19        as long as they are employed in the position held on  the
20        effective   date   of   this   amendatory  Act  of  1985.
21        Promotions shall be governed  by  minimum  qualifications
22        established by the Supreme Court.
23             (d)  The  Department has an established compensation
24        schedule approved by the Supreme Court. The  compensation
25        schedule  shall  include  salary  ranges  with  necessary
26        increments  to  compensate  each employee. The increments
27        shall, within the salary ranges, be based on such factors
28        as bona fide  occupational  qualifications,  performance,
29        and  length  of  service. Each position in the Department
30        shall be placed on the compensation schedule according to
31        job duties and responsibilities  of  such  position.  The
32        policy  and procedures of the compensation schedule shall
33        be made available to each employee.
34        (8)  In  order  to  obtain  full  reimbursement  of   all
 
SB1458 Engrossed            -10-     LRB093 03568 RLC 03597 b
 1    approved  costs,  each  Department must continue to employ at
 2    least the same number of  probation  officers  and  probation
 3    managers  as  were  authorized  for employment for the fiscal
 4    year which includes January 1, 1985.  This  number  shall  be
 5    designated as the base amount of the Department. No positions
 6    approved  by the Division under paragraph (b) of subsection 4
 7    will be included in the base amount. In the  event  that  the
 8    Department  employs  fewer  Probation  officers and Probation
 9    managers than the base  amount  for  a  period  of  90  days,
10    funding received by the Department under subsection 4 of this
11    Section  may  be  reduced on a monthly basis by the amount of
12    the current salaries of any positions below the base amount.
13        (9)  Before the 15th day of each month, the treasurer  of
14    any   county   which  has  a  Probation  and  Court  Services
15    Department, or the treasurer of the most populous county,  in
16    the  case  of a Probation or Court Services Department funded
17    by more than one county, shall submit an  itemized  statement
18    of  all  approved  costs  incurred  in  the delivery of Basic
19    Probation and Court Services under this Act  to  the  Supreme
20    Court. The treasurer may also submit an itemized statement of
21    all  approved  costs  incurred  in  the  delivery  of new and
22    expanded  Probation   and   Court   Services   as   well   as
23    Individualized  Services  and  Programs. The Supreme Court or
24    its designee shall verify compliance with  this  Section  and
25    shall  examine  and  audit  the  monthly  statement and, upon
26    finding them  to  be  correct,  shall  forward  them  to  the
27    Comptroller  for payment to the county treasurer. In the case
28    of payment to a treasurer of  a  county  which  is  the  most
29    populous  of  counties  sharing  the salary and expenses of a
30    Probation and Court Services Department, the treasurer  shall
31    divide  the  money  between  the  counties  in  a manner that
32    reflects each county's share of  the  cost  incurred  by  the
33    Department.
34        (10)  The   county  treasurer  must  certify  that  funds
 
SB1458 Engrossed            -11-     LRB093 03568 RLC 03597 b
 1    received under this Section shall be used solely to  maintain
 2    and  improve  Probation  and  Court  Services.  The county or
 3    circuit  shall  remain  in  compliance  with  all  standards,
 4    policies and regulations established by the Supreme Court. If
 5    at any time the Supreme Court determines  that  a  county  or
 6    circuit  is  not  in  compliance,  the  Supreme  Court  shall
 7    immediately notify the Chief Judge, county board chairman and
 8    the  Director  of  Court Services Chief Probation Officer. If
 9    after 90 days  of  written  notice  the  noncompliance  still
10    exists,  the  Supreme  Court  shall be required to reduce the
11    amount of monthly reimbursement by  10%.  An  additional  10%
12    reduction  of  monthly  reimbursement  shall  occur  for each
13    consecutive month of noncompliance.  Except  as  provided  in
14    subsection  5  of  Section  15,  funding  to  counties  shall
15    commence  on  April  1,  1986.  Funds received under this Act
16    shall be used to provide for  Probation  Department  expenses
17    including those required under Section 13 of this Act.
18        (11)  The  respective  counties  shall be responsible for
19    capital and space costs,  fringe  benefits,  clerical  costs,
20    equipment,   telecommunications,   postage,  commodities  and
21    printing.
22        (12)  For purposes of this Act only,  probation  officers
23    shall be considered peace officers.  In the exercise of their
24    official  duties,.  probation  officers, sheriffs, and police
25    officers  may,  anywhere  within  the   State,   arrest   any
26    probationer  who  is in violation of any of the conditions of
27    his or her probation, conditional discharge, or  supervision,
28    and  it shall be the duty of the officer making the arrest to
29    take  the  said   probationer   before   the   Court   having
30    jurisdiction over the probationer him for further order.
31    (Source:  P.A.  89-198,  eff.  7-21-95; 89-390, eff. 8-20-95;
32    89-626, eff. 8-9-96.)