Full Text of SB1289 96th General Assembly
SB1289ham001 96TH GENERAL ASSEMBLY
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Executive Committee
Filed: 5/6/2009
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| AMENDMENT TO SENATE BILL 1289
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| AMENDMENT NO. ______. Amend Senate Bill 1289 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Illinois Crime Reduction Act of 2009. | 6 |
| Section 5. Purpose and Definitions. | 7 |
| (a) Purpose. The General Assembly hereby declares that it | 8 |
| is the policy of Illinois to preserve public safety, reduce | 9 |
| crime, and make the most effective use of correctional | 10 |
| resources. Currently, the Illinois correctional system | 11 |
| overwhelmingly incarcerates people whose time in prison does | 12 |
| not result in improved behavior and who return to Illinois | 13 |
| communities in less than one year. It is therefore the purpose | 14 |
| of this Act to create an infrastructure to provide effective | 15 |
| resources and services to incarcerated individuals and | 16 |
| individuals supervised in the community; to hold offenders |
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| accountable; to successfully rehabilitate offenders to prevent | 2 |
| future involvement with the criminal justice system; to measure | 3 |
| the overall effectiveness of the criminal justice system in | 4 |
| achieving this policy; and to create the Adult Redeploy | 5 |
| Illinois program for those who do not fall under the definition | 6 |
| of violent offenders. | 7 |
| (b) Definitions. As used in this Act, unless the context | 8 |
| clearly requires otherwise: | 9 |
| (1) "Assets" are an offender's qualities or resources, | 10 |
| such as family and other positive support systems, | 11 |
| educational achievement, and employment history, that | 12 |
| research has demonstrated will decrease the likelihood | 13 |
| that the offender will re-offend and increase the | 14 |
| likelihood that the offender will successfully reintegrate | 15 |
| into the community. | 16 |
| (2) "Case plan" means a consistently updated written | 17 |
| proposal that shall follow the offender through all phases | 18 |
| of the criminal justice system, that is based on the | 19 |
| offender's risks, assets, and needs as identified through | 20 |
| the assessment tool described in this Act, and that | 21 |
| outlines steps the offender shall take and the programs in | 22 |
| which the offender shall participate to maximize the | 23 |
| offender's ability to be rehabilitated. | 24 |
| (3) "Community supervision" includes supervision in | 25 |
| community-based, non-incarceration settings under such | 26 |
| conditions and reporting requirements as are imposed by the |
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| court or the Prisoner Review Board. | 2 |
| (4) "Conditions of supervision" include conditions | 3 |
| described in Section 5-6-3.1 of the Unified Code of | 4 |
| Corrections.
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| (5) "Evidence-based practices" means policies, | 6 |
| procedures, programs, and practices that have been | 7 |
| demonstrated to reduce recidivism among incarcerated | 8 |
| individuals and individuals on community supervision. | 9 |
| (6) "Needs" include an offender's criminogenic | 10 |
| qualities, skills, and experiences that can be altered in | 11 |
| ways that research has demonstrated will minimize the | 12 |
| offender's chances of re-offending and maximize the | 13 |
| offender's chances of successfully reintegrating into the | 14 |
| community. | 15 |
| (7) "Risks" include the attributes of an offender that | 16 |
| are commonly considered to be those variables, such as age, | 17 |
| prior criminal history, history of joblessness, and lack of | 18 |
| education that research has demonstrated contribute to an | 19 |
| offender's likelihood of re-offending and impact an | 20 |
| offender's ability to successfully reintegrate into the | 21 |
| community. | 22 |
| (8) "Violent offender" means a person convicted of a | 23 |
| violent crime as defined in subsection (c) of Section 3 of | 24 |
| the Rights of Crime Victims and Witnesses Act.
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| Section 10. Evidence-Based Programming.
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| (a) Purpose. Research and practice have identified new | 2 |
| strategies and policies that can result in a significant | 3 |
| reduction in recidivism rates and the successful community | 4 |
| reintegration of offenders. The purpose of this Section is to | 5 |
| ensure that State and local agencies direct their resources to | 6 |
| services and programming that have been demonstrated to be | 7 |
| effective in reducing recidivism and reintegrating offenders | 8 |
| into the community. | 9 |
| (b) Evidence-based programming in community supervision. | 10 |
| (1) The Probation Services Division of the | 11 |
| Administrative Office of the Illinois Courts, the Parole | 12 |
| Division of the Department of Corrections, and the Prisoner | 13 |
| Review Board shall adopt policies, rules, and regulations | 14 |
| that, within the first year of the adoption, validation, | 15 |
| and utilization of the statewide, standardized risk | 16 |
| assessment tool described in this Act, result in at least | 17 |
| 25% of supervised individuals being supervised in | 18 |
| accordance with evidence-based practices; within 3 years | 19 |
| of the adoption, validation, and utilization of the | 20 |
| statewide, standardized risk assessment tool result in at | 21 |
| least 50% of supervised individuals being supervised in | 22 |
| accordance with evidence-based practices; and within 5 | 23 |
| years of the adoption, validation, and utilization of the | 24 |
| statewide, standardized risk assessment tool result in at | 25 |
| least 75% of supervised individuals being supervised in | 26 |
| accordance with evidence-based practices. The policies, |
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| rules, and regulations shall: | 2 |
| (A) Provide for a consistent and common | 3 |
| individualized case plan that follows the offender | 4 |
| through the criminal justice system (including | 5 |
| in-prison if the supervised individual is in prison) | 6 |
| that is:
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| (i) Based on the assets of the individual as | 8 |
| well as his or her risks and needs identified | 9 |
| through the assessment tool as described in this | 10 |
| Act. | 11 |
| (ii) Comprised of treatment and supervision | 12 |
| services appropriate to achieve the purpose of | 13 |
| this Act. | 14 |
| (iii) Consistently updated, based on program | 15 |
| participation by the supervised individual and | 16 |
| other behavior modification exhibited by the | 17 |
| supervised individual. | 18 |
| (B) Concentrate resources and services on | 19 |
| high-risk offenders. | 20 |
| (C) Provide for the use of evidence-based | 21 |
| programming related to education, job training, | 22 |
| cognitive behavioral therapy, and other programming | 23 |
| designed to reduce criminal behavior. | 24 |
| (D) Establish a system of graduated responses. | 25 |
| (i) The system shall set forth a menu of | 26 |
| presumptive responses for the most common types of |
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| supervision violations.
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| (ii) The system shall be guided by the model | 3 |
| list of intermediate sanctions created by the | 4 |
| Probation Services Division of the State of | 5 |
| Illinois pursuant to subsection (1) of Section 15 | 6 |
| of the Probation and Probation Officers Act and the | 7 |
| system of intermediate sanctions created by the | 8 |
| Chief Judge of each circuit court pursuant to | 9 |
| Section 5-6-1 of the Unified Code of Corrections. | 10 |
| (iii) The system of responses shall take into | 11 |
| account factors such as the severity of the current | 12 |
| violation; the supervised individual's risk level | 13 |
| as determined by a validated assessment tool | 14 |
| described in this Act; the supervised individual's | 15 |
| assets; his or her previous criminal record; and | 16 |
| the number and severity of any previous | 17 |
| supervision violations. | 18 |
| (iv) The system shall also define positive | 19 |
| reinforcements that supervised individuals may | 20 |
| receive for compliance with conditions of | 21 |
| supervision. | 22 |
| (v) Response to violations should be swift and | 23 |
| certain and should be imposed as soon as | 24 |
| practicable but no longer than 3 working days of | 25 |
| detection of the violation behavior. | 26 |
| (2) Conditions of community supervision (probation and |
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| mandatory supervised release). Conditions of community | 2 |
| supervision whether imposed by a sentencing judge or the | 3 |
| Prisoner Review Board shall be imposed in accordance with | 4 |
| the offender's risks, assets, and needs as identified | 5 |
| through the assessment tool described in this Act. | 6 |
| (c) Evidence-based in-prison programming. | 7 |
| (1) The Department of Corrections shall adopt | 8 |
| policies, rules, and regulations that, within the first | 9 |
| year of the adoption, validation, and utilization of the | 10 |
| statewide, standardized risk assessment tool described in | 11 |
| this Act, result in at least 25% of incarcerated | 12 |
| individuals receiving services and programming in | 13 |
| accordance with evidence-based practices; within 3 years | 14 |
| of the adoption, validation, and utilization of the | 15 |
| statewide, standardized risk assessment tool result in at | 16 |
| least 50% of incarcerated individuals receiving services | 17 |
| and programming in accordance with evidence-based | 18 |
| practices; and within 5 years of the adoption, validation, | 19 |
| and utilization of the statewide, standardized risk | 20 |
| assessment tool result in at least 75% of incarcerated | 21 |
| individuals receiving services and programming in | 22 |
| accordance with evidence-based practices. The policies, | 23 |
| rules, and regulations shall: | 24 |
| (A) Provide for the use and development of a case | 25 |
| plan based on the risks, assets, and needs identified | 26 |
| through the assessment tool as described in this Act. |
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| The case plan should be used to determine in-prison | 2 |
| programming; should be continuously updated based on | 3 |
| program participation by the prisoner and other | 4 |
| behavior modification exhibited by the prisoner; and | 5 |
| should be used when creating the case plan described in | 6 |
| subsection (b).
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| (B) Provide for the use of evidence-based | 8 |
| programming related to education, job training, | 9 |
| cognitive behavioral therapy and other evidence-based | 10 |
| programming. | 11 |
| (C) Establish education programs based on a | 12 |
| teacher to student ratio of no more than 1:30. | 13 |
| (D) Expand the use of drug prisons, modeled after | 14 |
| the Sheridan Correctional Center, to provide | 15 |
| sufficient drug treatment and other support services | 16 |
| to non-violent inmates with a history of substance | 17 |
| abuse. | 18 |
| (2) Participation and completion of programming by | 19 |
| prisoners can impact earned time credit as determined under | 20 |
| Section 3-6-3 of the Unified Code of Corrections. | 21 |
| (3) The Department of Corrections shall provide its | 22 |
| employees with intensive and on-going training and | 23 |
| professional development services to support the | 24 |
| implementation of evidence-based practices. The training | 25 |
| and professional development services shall include | 26 |
| assessment techniques, case planning, cognitive behavioral |
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| training, risk reduction and intervention strategies, | 2 |
| effective communication skills, substance abuse treatment | 3 |
| education and other topics identified by the Department or | 4 |
| its employees. | 5 |
| (d) The Probation Services Division of the Administrative | 6 |
| Office of the Illinois Courts, the Parole Division of the | 7 |
| Department of Corrections, and the Prisoner Review Board shall | 8 |
| provide their employees with intensive and on-going training | 9 |
| and professional development services to support the | 10 |
| implementation of evidence-based practices. The training and | 11 |
| professional development services shall include assessment | 12 |
| techniques, case planning, cognitive behavioral training, risk | 13 |
| reduction and intervention strategies, effective communication | 14 |
| skills, substance abuse treatment education, and other topics | 15 |
| identified by the agencies or their employees.
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| (e) The Department of Corrections, the Probation Services | 17 |
| Division of the Administrative Office of the Illinois Courts, | 18 |
| the Prisoner Review Board, and other correctional entities | 19 |
| referenced in the policies, rules, and regulations of this Act | 20 |
| shall design, implement, and make public a system to evaluate | 21 |
| the effectiveness of evidence-based practices in increasing | 22 |
| public safety and in successful reintegration of those under | 23 |
| supervision into the community. Annually, each agency shall | 24 |
| submit to the Sentencing Policy Advisory Council a | 25 |
| comprehensive report on the success of implementing | 26 |
| evidence-based practices. The data compiled and analyzed by the |
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| Council shall be delivered annually to the Governor and the | 2 |
| General Assembly.
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| Section 15. Adoption, validation, and utilization of an | 4 |
| assessment tool.
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| (a) Purpose. In order to determine appropriate punishment | 6 |
| or services which will protect public safety, it is necessary | 7 |
| for the State and local jurisdictions to adopt a common | 8 |
| assessment tool. Supervision and correctional programs are | 9 |
| most effective at reducing future crime when they accurately | 10 |
| assess offender risks, assets, and needs, and use these | 11 |
| assessment results to assign supervision levels and target | 12 |
| programs to criminogenic needs. | 13 |
| (b) After review of the plan issued by the Task Force | 14 |
| described in subsection (c), the Probation Services Division of | 15 |
| the Administrative Office of the Illinois Courts, the | 16 |
| Department of Corrections, the Parole Division of the | 17 |
| Department of Corrections, and the Prisoner Review Board shall | 18 |
| adopt policies, rules, and regulations that within 3 years of | 19 |
| the effective date of this Act result in the adoption, | 20 |
| validation, and utilization of a statewide, standardized risk | 21 |
| assessment tool across the Illinois criminal justice system. | 22 |
| (c) The Governor's Office shall convene a Risks, Assets, | 23 |
| and Needs Assessment Task Force to develop plans for the | 24 |
| adoption, validation, and utilization of such an assessment | 25 |
| tool. The Task Force shall include, but not be limited to, |
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| designees from the Department of Corrections who are | 2 |
| responsible for and familiar with Probation Services who are | 3 |
| responsible for and familiar with probation services and | 4 |
| pre-trial services; a designee from the Cook County Pre-Trial | 5 |
| Services Division; a representative from a county probation | 6 |
| office, designated by the Administrative Office of the Illinois | 7 |
| Courts; and designees from the Attorney General's Office, the | 8 |
| Prisoner Review Board, the Illinois Criminal Justice | 9 |
| Information Authority, the Sentencing Policy Advisory Council, | 10 |
| the Cook County State's Attorney, a State's Attorney selected | 11 |
| by the President of the Illinois State's Attorneys Association, | 12 |
| the Cook County Public Defender, the State Appellate Defender, | 13 |
| and a representative of the defense bar appointed by the Chief | 14 |
| Justice of the Illinois Supreme Court. | 15 |
| (d) The Task Force's plans shall be released within one | 16 |
| year of the effective date of this Act and shall at a minimum | 17 |
| include: | 18 |
| (1) A computerized method and design to allow each of | 19 |
| the Illinois agencies which are part of the criminal | 20 |
| justice system to share the results of the assessment. | 21 |
| (2) A selection of a common validated tool to be used | 22 |
| across the system. | 23 |
| (3) A description of the different points in the system | 24 |
| at which the tool shall be used. | 25 |
| (4) An implementation plan, including training and the | 26 |
| selection of pilot sites to test the tool. |
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| (5) How often and in what intervals offenders will be | 2 |
| reassessed. | 3 |
| (6) How the results can be legally shared with | 4 |
| non-governmental organizations that provide treatment and | 5 |
| services to those under community supervision.
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| Section 20. Adult Redeploy Illinois.
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| (a) Purpose. When offenders are accurately assessed for | 8 |
| risk, assets, and needs, it is possible to identify which | 9 |
| people should be sent to prison and which people can be | 10 |
| effectively supervised in the community. By providing | 11 |
| financial incentives to counties or judicial circuits to create | 12 |
| effective community-level evidence-based services, it is | 13 |
| possible to reduce crime and recidivism at a lower cost to | 14 |
| taxpayers. Based on this model, this Act hereby creates the | 15 |
| Adult Redeploy Illinois program for offenders who do not fall | 16 |
| under the definition of violent offenders in order to increase | 17 |
| public safety and encourage the successful community | 18 |
| supervision of eligible offenders and their reintegration into | 19 |
| the community. | 20 |
| (b) The Adult Redeploy Illinois program shall reallocate | 21 |
| State funds from the adult correctional system to local | 22 |
| jurisdictions that successfully establish a process to assess | 23 |
| offenders and provide a continuum of local, community-based | 24 |
| sanctions and treatment alternatives for offenders who would be | 25 |
| incarcerated in a State facility if those local services and |
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| sanctions did not exist. The allotment of funds shall be based | 2 |
| on a formula that rewards local jurisdictions for the | 3 |
| establishment or expansion of local community supervision | 4 |
| programs and requires them to pay the amount determined in | 5 |
| subsection (e) if incarceration targets as defined in | 6 |
| subsection (e) are not met. | 7 |
| (c) Each county or circuit participating in the Adult | 8 |
| Redeploy Illinois program shall create a local plan describing | 9 |
| how it will protect public safety and reduce the county or | 10 |
| circuit's utilization of incarceration in State facilities or | 11 |
| local county jails by the creation or expansion of | 12 |
| individualized services or programs. | 13 |
| (d) Based on the local plan, a county or circuit shall | 14 |
| enter into an agreement with the Adult Redeploy Oversight Board | 15 |
| described in subsection (e) to reduce the number of commitments | 16 |
| to State correctional facilities from that county or circuit, | 17 |
| excluding violent offenders. The agreement shall include a | 18 |
| pledge from the county or circuit to reduce their commitments | 19 |
| by 25% of the level of commitments from the average number of | 20 |
| commitments for the past 3 years. In return, the county or | 21 |
| circuit shall receive, based upon a formula described in | 22 |
| subsection (e), funds to redeploy for local programming for | 23 |
| offenders who would otherwise be incarcerated. The county or | 24 |
| circuit shall also be penalized, as described in subsection | 25 |
| (e), for failure to reach the goal of reduced commitments | 26 |
| stipulated in the agreement. |
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| (e) Adult Redeploy Illinois Oversight Board; members; | 2 |
| responsibilities. | 3 |
| (1) The Secretary of Human Services and the Director of | 4 |
| Corrections shall within 3 months after the effective date | 5 |
| of this Act convene and act as co-chairs of an oversight | 6 |
| board to oversee the Adult Redeploy Program. The Board | 7 |
| shall include, but not be limited to, designees from the | 8 |
| Prisoner Review Board, Administrative Office of the | 9 |
| Illinois Courts, Office of the Attorney General, Illinois | 10 |
| Criminal Justice Information Authority, and Sentencing | 11 |
| Policy Advisory Council; the Cook County State's Attorney; | 12 |
| a State's Attorney selected by the President of the | 13 |
| Illinois State's Attorneys Association; the State | 14 |
| Appellate Defender; the Cook County Public Defender; a | 15 |
| representative of the defense bar appointed by the Chief | 16 |
| Justice of the Illinois Supreme Court; a representative of | 17 |
| probation appointed by the Chief Justice of the Illinois | 18 |
| Supreme Court; 3 judges appointed by the Chief Justice of | 19 |
| the Illinois Supreme Court; and 4 representatives from | 20 |
| non-governmental organizations, including service | 21 |
| providers. | 22 |
| (2) The Oversight Board shall within one year after the | 23 |
| effective date of this Act: | 24 |
| (A) Develop a process to solicit applications from | 25 |
| and identify jurisdictions to be included in the Adult | 26 |
| Redeploy Illinois program. |
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| (B) Define categories of membership for local | 2 |
| entities to participate in the creation and oversight | 3 |
| of the local Adult Redeploy Illinois program. | 4 |
| (C) Develop a formula for the allotment of funds to | 5 |
| local jurisdictions for local and community-based | 6 |
| services in lieu of commitment to the Department of | 7 |
| Corrections and a penalty amount for failure to reach | 8 |
| the goal of reduced commitments stipulated in the | 9 |
| plans. | 10 |
| (D) Develop a standard format for the local plan to | 11 |
| be submitted by the local entity created in each county | 12 |
| or circuit. | 13 |
| (E) Identify and secure resources sufficient to | 14 |
| support the administration and evaluation of Adult | 15 |
| Redeploy Illinois. | 16 |
| (F) Develop a process to support on-going | 17 |
| monitoring and evaluation of Adult Redeploy Illinois. | 18 |
| (G) Review local plans and proposed agreements and | 19 |
| approve the distribution of resources. | 20 |
| (H) Develop a performance measurement system that | 21 |
| includes but is not limited to the following key | 22 |
| performance indicators: recidivism, rate of | 23 |
| revocations, employment rates, education achievement, | 24 |
| successful completion of substance abuse treatment | 25 |
| programs, and payment of victim restitution. Each | 26 |
| county or circuit shall include the performance |
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| measurement system in its local plan and provide data | 2 |
| annually to evaluate its success.
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| (I) Report annually the results of the performance | 4 |
| measurements on a timely basis to the Governor and | 5 |
| General Assembly.".
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