Full Text of HB2401 98th General Assembly
HB2401 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2401 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
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Amends the Probation and Probation Officers Act. Provides that in a county with a population exceeding 2,000,000, the Redeploy Illinois Oversight Board may authorize the Department of Human Services to enter into an agreement with that county to reduce the number of commitments by the same percentage as is required by this Section of other counties, and with all of the same requirements of the Act, including reporting and evaluation, except that the agreement may encompass a clearly identifiable geographical subdivision of that county. Provides that the geographical subdivision may include, but is not limited to, a police district or group of police districts, a geographical area making up a court calendar or group of court calendars, a municipal district or group of municipal districts, or a municipality or group of municipalities.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Probation and Probation Officers Act is | 5 | | amended by changing Section 16.1 as follows: | 6 | | (730 ILCS 110/16.1)
| 7 | | Sec. 16.1. Redeploy Illinois Program.
| 8 | | (a) The purpose of this Section is to encourage the
| 9 | | deinstitutionalization of juvenile offenders by establishing
| 10 | | projects in counties or groups of counties that
reallocate | 11 | | State funds from juvenile correctional confinement
to local | 12 | | jurisdictions, which will establish a continuum of
local, | 13 | | community-based sanctions and treatment alternatives
for | 14 | | juvenile offenders who would be incarcerated if those
local | 15 | | services and sanctions did not exist. It is also intended to | 16 | | offer alternatives, when appropriate, to avoid commitment to | 17 | | the Department of Juvenile Justice, to direct child welfare | 18 | | services for minors charged with a criminal offense or | 19 | | adjudicated delinquent under Section 5 of the Children and | 20 | | Family Services Act. The allotment of
funds will be based on a | 21 | | formula that rewards local
jurisdictions for the establishment | 22 | | or expansion of local
alternatives to incarceration, and | 23 | | requires them to pay for
utilization of incarceration as a |
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| 1 | | sanction. In addition, there shall be an allocation of | 2 | | resources (amount to be determined annually by the Redeploy | 3 | | Illinois Oversight Board) set aside at the beginning of each | 4 | | fiscal year to be made available for any county or groups of | 5 | | counties which need resources only occasionally for services to | 6 | | avoid commitment to the Department of Juvenile Justice for a | 7 | | limited number of youth. This redeployment
of funds shall be | 8 | | made in a manner consistent with the
Juvenile Court Act of 1987 | 9 | | and the following purposes and
policies:
| 10 | | (1) The juvenile justice system should protect the
| 11 | | community, impose accountability to victims and | 12 | | communities for
violations of law,
and equip juvenile | 13 | | offenders with competencies to live
responsibly and | 14 | | productively.
| 15 | | (2) Juveniles should be treated in the least
| 16 | | restrictive manner possible while maintaining the safety
| 17 | | of the community.
| 18 | | (3) A continuum of services and sanctions from
least | 19 | | restrictive to most restrictive should be available
in | 20 | | every community.
| 21 | | (4) There should be local responsibility and
authority | 22 | | for planning, organizing, and coordinating
service | 23 | | resources in the community. People in the
community can | 24 | | best choose a range of services which
reflect community | 25 | | values and meet the needs of their own
youth.
| 26 | | (5) Juveniles who pose a threat to the community or
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| 1 | | themselves need special care, including secure settings.
| 2 | | Such services as detention, long-term incarceration, or
| 3 | | residential treatment are too costly to provide in each
| 4 | | community and should be coordinated and provided on a
| 5 | | regional or Statewide basis.
| 6 | | (6) The roles of State and local government in
creating | 7 | | and maintaining services to youth in the
juvenile justice | 8 | | system should be clearly defined. The
role of the State is | 9 | | to fund services, set standards of
care, train service | 10 | | providers, and monitor the
integration and coordination of | 11 | | services. The role of
local government should be to oversee | 12 | | the provision of
services.
| 13 | | (b) Each county or circuit participating in the Redeploy | 14 | | Illinois
program must create a local plan demonstrating how it | 15 | | will
reduce the county or circuit's utilization of secure
| 16 | | confinement of juvenile offenders in the Illinois Department
of | 17 | | Juvenile Justice or county detention centers by the creation or
| 18 | | expansion of individualized services or programs that may
| 19 | | include but are not limited to the following:
| 20 | | (1) Assessment and evaluation services to provide
the | 21 | | juvenile justice system with accurate individualized
case | 22 | | information on each juvenile offender including
mental | 23 | | health, substance abuse, educational, and family
| 24 | | information;
| 25 | | (2) Direct services to individual juvenile
offenders | 26 | | including educational, vocational, mental
health, |
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| 1 | | substance abuse, supervision, and service
coordination; | 2 | | and
| 3 | | (3) Programs that seek to restore the offender to
the | 4 | | community, such as victim offender panels, teen
courts, | 5 | | competency building, enhanced accountability
measures, | 6 | | restitution, and community service.
The local plan must be | 7 | | directed in such a manner as to
emphasize an individualized | 8 | | approach to providing services to
juvenile offenders in an | 9 | | integrated community based system
including probation as | 10 | | the broker of services. The plan must
also detail the | 11 | | reduction in utilization of secure
confinement.
The local | 12 | | plan shall be limited to services and shall not
include | 13 | | costs for:
| 14 | | (i) capital expenditures;
| 15 | | (ii) renovations or remodeling;
| 16 | | (iii) personnel costs for probation.
| 17 | | The local plan shall be submitted to the Department of | 18 | | Human
Services.
| 19 | | (c) A county or group of counties may develop an
agreement | 20 | | with the Department of Human Services to reduce their
number of
| 21 | | commitments of juvenile offenders, excluding minors sentenced
| 22 | | based upon a finding of guilt of first degree murder or an | 23 | | offense which is a
Class X forcible felony as defined in the | 24 | | Criminal Code of 2012 1961 , to the
Department of
Juvenile | 25 | | Justice, and then use the savings to develop local
programming | 26 | | for youth who would otherwise have been committed
to the |
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| 1 | | Department of Juvenile Justice. A county or group of
counties | 2 | | shall agree to limit their commitments to 75% of the
level of | 3 | | commitments from the average number of juvenile
commitments for | 4 | | the past 3 years, and will receive the
savings to redeploy for | 5 | | local programming for juveniles who
would otherwise be held in | 6 | | confinement. For any county or group of counties with a | 7 | | decrease of juvenile commitments of at least 25%, based on the | 8 | | average reductions of the prior 3 years, which are chosen to | 9 | | participate or continue as sites, the Redeploy Illinois | 10 | | Oversight Board has the authority to reduce the required | 11 | | percentage of future commitments to achieve the purpose of this | 12 | | Section. The agreement shall
set forth the following:
| 13 | | (1) a Statement of the number and type of juvenile
| 14 | | offenders from the county who were held in secure
| 15 | | confinement by the Illinois Department of Juvenile Justice | 16 | | or
in county detention the previous year, and an | 17 | | explanation
of which, and how many, of these offenders | 18 | | might be
served through the proposed Redeploy Illinois | 19 | | Program for
which the funds shall be used;
| 20 | | (2) a Statement of the service needs of currently
| 21 | | confined juveniles;
| 22 | | (3) a Statement of the type of services and
programs to | 23 | | provide for the individual needs of the
juvenile offenders, | 24 | | and the research or evidence base
that qualifies those | 25 | | services and programs as proven or
promising practices;
| 26 | | (4) a budget indicating the costs of each service
or |
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| 1 | | program to be funded under the plan;
| 2 | | (5) a summary of contracts and service agreements
| 3 | | indicating the treatment goals and number of juvenile
| 4 | | offenders to be served by each service provider; and
| 5 | | (6) a Statement indicating that the Redeploy
Illinois | 6 | | Program will not duplicate existing services and
programs. | 7 | | Funds for this plan shall not supplant existing
county | 8 | | funded programs.
| 9 | | In a county with a population exceeding 2,000,000, the | 10 | | Redeploy Illinois Oversight Board may authorize the Department | 11 | | of Human Services to enter into an agreement with that county | 12 | | to reduce the number of commitments by the same percentage as | 13 | | is required by this Section of other counties, and with all of | 14 | | the same requirements of this Act, including reporting and | 15 | | evaluation, except that the agreement may encompass a clearly | 16 | | identifiable geographical subdivision of that county. The | 17 | | geographical subdivision may include, but is not limited to, a | 18 | | police district or group of police districts, a geographical | 19 | | area making up a court calendar or group of court calendars, a | 20 | | municipal district or group of municipal districts, or a | 21 | | municipality or group of municipalities. | 22 | | (d) (Blank).
| 23 | | (d-5) A county or group of counties that does not have an | 24 | | approved Redeploy Illinois program, as described in subsection | 25 | | (b), and that has committed fewer than 10 Redeploy eligible | 26 | | youth to the Department of Juvenile Justice on average over the |
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| 1 | | previous 3 years, may develop an individualized agreement with | 2 | | the Department of Human Services through the Redeploy Illinois | 3 | | program to provide services to youth to avoid commitment to the | 4 | | Department of Juvenile Justice.
The agreement shall set forth | 5 | | the following: | 6 | | (1) a statement of the number and type of juvenile
| 7 | | offenders from the county who were at risk under any of the | 8 | | categories listed above during the 3 previous years, and an | 9 | | explanation of which of these offenders would be served | 10 | | through the proposed Redeploy Illinois program for which | 11 | | the funds shall be used, or through individualized | 12 | | contracts with existing Redeploy programs in neighboring | 13 | | counties; | 14 | | (2) a statement of the service needs; | 15 | | (3) a statement of the type of services and programs
to | 16 | | provide for the individual needs of the juvenile offenders, | 17 | | and the research or evidence that qualifies those services | 18 | | and programs as proven or promising practices; | 19 | | (4) a budget indicating the costs of each service or
| 20 | | program to be funded under the plan; | 21 | | (5) a summary of contracts and service agreements
| 22 | | indicating the treatment goals and number of juvenile | 23 | | offenders to be served by each service provider; and | 24 | | (6) a statement indicating that the Redeploy Illinois
| 25 | | program will not duplicate existing services and programs. | 26 | | Funds for this plan shall not supplant existing county |
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| 1 | | funded programs. | 2 | | (e) The Department of Human Services shall be responsible | 3 | | for
the
following:
| 4 | | (1) Reviewing each Redeploy Illinois Program plan
for | 5 | | compliance with standards established for such plans.
A | 6 | | plan may be approved as submitted, approved with
| 7 | | modifications, or rejected. No plan shall be considered
for | 8 | | approval if the circuit or county is not in full
compliance | 9 | | with all regulations, standards and guidelines
pertaining | 10 | | to the delivery of basic probation services as
established | 11 | | by the Supreme Court.
| 12 | | (2) Monitoring on a continual basis and evaluating
| 13 | | annually both the program and its fiscal activities in
all | 14 | | counties receiving an allocation under the Redeploy
| 15 | | Illinois Program. Any program or service that has not met
| 16 | | the goals and objectives of its contract or service
| 17 | | agreement shall be subject to denial for funding in
| 18 | | subsequent years. The Department of Human Services shall
| 19 | | evaluate the
effectiveness of the Redeploy Illinois | 20 | | Program in each
circuit or county. In determining the | 21 | | future funding for
the Redeploy Illinois Program under this | 22 | | Act, the
evaluation shall include, as a primary indicator | 23 | | of
success, a decreased number of confinement days for the
| 24 | | county's juvenile offenders.
| 25 | | (f) Any Redeploy Illinois Program allocations not
applied | 26 | | for and approved by the Department of Human Services
shall be
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| 1 | | available for redistribution to approved plans for the
| 2 | | remainder of that fiscal year. Any county that invests local
| 3 | | moneys in the Redeploy Illinois Program shall be given first
| 4 | | consideration for any redistribution of allocations. | 5 | | Jurisdictions
participating in Redeploy Illinois that exceed | 6 | | their agreed upon level of
commitments to the Department of | 7 | | Juvenile Justice shall reimburse the
Department of Corrections | 8 | | for each commitment above the agreed upon
level.
| 9 | | (g) Implementation of Redeploy Illinois.
| 10 | | (1) Oversight of Redeploy Illinois.
| 11 | | (i) Redeploy Illinois Oversight Board. The | 12 | | Department of Human Services
shall convene an | 13 | | oversight board to oversee the Redeploy
Illinois
| 14 | | Program. The Board shall include, but not be limited | 15 | | to, designees from the
Department of Juvenile Justice, | 16 | | the Administrative Office of Illinois Courts,
the | 17 | | Illinois
Juvenile Justice Commission, the Illinois | 18 | | Criminal Justice Information
Authority,
the Department | 19 | | of Children and Family Services, the State Board of | 20 | | Education,
the
Cook County State's Attorney, and a | 21 | | State's Attorney selected by the President
of the
| 22 | | Illinois State's Attorney's Association, the Cook | 23 | | County Public Defender, a representative of the | 24 | | defense bar appointed by the Chief Justice of the | 25 | | Illinois Supreme Court, a representative of probation | 26 | | appointed by the Chief Justice of the Illinois Supreme |
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| 1 | | Court, and judicial representation appointed by the | 2 | | Chief Justice of the Illinois Supreme Court. Up to an | 3 | | additional 9 members may be appointed by the Secretary | 4 | | of Human Services from recommendations by the | 5 | | Oversight Board; these appointees shall possess a | 6 | | knowledge of juvenile justice issues and reflect the | 7 | | collaborative public/private relationship of Redeploy | 8 | | programs.
| 9 | | (ii) Responsibilities of the Redeploy Illinois | 10 | | Oversight
Board. The Oversight Board shall:
| 11 | | (A) Identify jurisdictions to be included in | 12 | | the program of Redeploy Illinois.
| 13 | | (B) Develop a formula for reimbursement of | 14 | | local
jurisdictions for local and community-based | 15 | | services
utilized in lieu of commitment to the | 16 | | Department of
Juvenile Justice, as well as for any | 17 | | charges for local
jurisdictions for commitments | 18 | | above the agreed upon
limit in the approved plan.
| 19 | | (C) Identify resources sufficient to support | 20 | | the
administration and evaluation of Redeploy | 21 | | Illinois.
| 22 | | (D) Develop a process and identify resources | 23 | | to
support on-going monitoring and evaluation of
| 24 | | Redeploy Illinois.
| 25 | | (E) Develop a process and identify resources | 26 | | to
support training on Redeploy Illinois.
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| 1 | | (E-5) Review proposed individualized | 2 | | agreements and approve where appropriate the | 3 | | distribution of resources. | 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) (Blank).
| 11 | | (3) There shall be created the Redeploy County Review | 12 | | Committee composed of the designees of the Secretary of | 13 | | Human Services and the Directors of Juvenile Justice, of | 14 | | Children and Family Services, and of the Governor's Office | 15 | | of Management and Budget who shall constitute a | 16 | | subcommittee of the Redeploy
Illinois Oversight Board. | 17 | | (h) Responsibilities of the County Review Committee. The | 18 | | County Review Committee shall: | 19 | | (1) Review individualized agreements from counties | 20 | | requesting resources on an occasional basis for services | 21 | | for youth described in subsection (d-5). | 22 | | (2) Report its decisions to the Redeploy Illinois | 23 | | Oversight Board at regularly scheduled meetings. | 24 | | (3) Monitor the effectiveness of the resources in | 25 | | meeting the mandates of the Redeploy Illinois program set | 26 | | forth in this Section so these results might be included in |
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| 1 | | the Report described in clause (g)(1)(ii)(F). | 2 | | (4) During the third quarter, assess the amount of | 3 | | remaining funds available and necessary to complete the | 4 | | fiscal year so that any unused funds may be distributed as | 5 | | defined in subsection (f). | 6 | | (5) Ensure that the number of youth from any applicant | 7 | | county receiving individualized resources will not exceed | 8 | | the previous three-year average of Redeploy eligible | 9 | | recipients and that counties are in conformity with all | 10 | | other elements of this law. | 11 | | (i) Implementation of this Section is subject to | 12 | | appropriation. | 13 | | (j) Rulemaking authority to implement this amendatory Act | 14 | | of the 95th General Assembly, if any, is conditioned on the | 15 | | rules being adopted in accordance with all provisions of and | 16 | | procedures and rules implementing the Illinois Administrative | 17 | | Procedure Act; any purported rule not so adopted, for whatever | 18 | | reason, is unauthorized. | 19 | | (Source: P.A. 94-696, eff. 6-1-06; 94-1032, eff. 1-1-07; | 20 | | 95-1050, eff. 1-1-10 .)
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