Full Text of SB2377 102nd General Assembly
SB2377 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2377 Introduced 2/26/2021, by Sen. John Connor SYNOPSIS AS INTRODUCED: |
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730 ILCS 110/15 | from Ch. 38, par. 204-7 |
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Amends the Probation and Probation Officers Act. Provides that the Division of Probation Services shall reimburse the county or counties for 100% of the salary for all probation
officer and supervisor
positions approved for reimbursement by the division to meet pretrial services programs and specialty court programs. Provides that for the remaining probation officer positions engaged in basic services and new or expanded services approved of the total Statewide number as of July 1, 2021, beginning on July 1, 2022, 20 percent of that number shall be transferred to those requiring 100% salary reimbursement. Each subsequent July 1st, another 20 percent of the July 1,2021 population shall also be transferred under described circumstances.
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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 15 as follows:
| 6 | | (730 ILCS 110/15) (from Ch. 38, par. 204-7)
| 7 | | Sec. 15. (1) The Supreme Court of Illinois may establish a | 8 | | Division of
Probation Services whose purpose shall be the | 9 | | development, establishment,
promulgation, and enforcement of | 10 | | uniform standards for probation services in
this State, and to | 11 | | otherwise carry out the intent of this Act. The Division
may:
| 12 | | (a) establish qualifications for chief probation | 13 | | officers and other
probation and court services personnel | 14 | | as to hiring, promotion, and training.
| 15 | | (b) make available, on a timely basis, lists of those | 16 | | applicants whose
qualifications meet the regulations | 17 | | referred to herein, including on said
lists all candidates | 18 | | found qualified.
| 19 | | (c) establish a means of verifying the conditions for | 20 | | reimbursement
under this Act and develop criteria for | 21 | | approved costs for reimbursement.
| 22 | | (d) develop standards and approve employee | 23 | | compensation schedules for
probation and court services |
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| 1 | | departments.
| 2 | | (e) employ sufficient personnel in the Division to | 3 | | carry out the
functions of the Division.
| 4 | | (f) establish a system of training and establish | 5 | | standards for personnel
orientation and training.
| 6 | | (g) develop standards for a system of record keeping | 7 | | for cases and
programs, gather statistics, establish a | 8 | | system of uniform forms, and
develop research for planning | 9 | | of Probation
Services.
| 10 | | (h) develop standards to assure adequate support | 11 | | personnel, office
space, equipment and supplies, travel | 12 | | expenses, and other essential items
necessary for | 13 | | Probation and Court Services
Departments to carry out | 14 | | their
duties.
| 15 | | (i) review and approve annual plans submitted by
| 16 | | Probation and Court
Services Departments.
| 17 | | (j) monitor and evaluate all programs operated by
| 18 | | Probation and Court
Services Departments, and may include | 19 | | in the program evaluation criteria
such factors as the | 20 | | percentage of Probation sentences for felons convicted
of | 21 | | Probationable offenses.
| 22 | | (k) seek the cooperation of local and State government | 23 | | and private
agencies to improve the quality of probation | 24 | | and
court services.
| 25 | | (l) where appropriate, establish programs and | 26 | | corresponding standards
designed to generally improve the |
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| 1 | | quality of
probation and court services
and reduce the | 2 | | rate of adult or juvenile offenders committed to the
| 3 | | Department of Corrections.
| 4 | | (m) establish such other standards and regulations and | 5 | | do all acts
necessary to carry out the intent and purposes | 6 | | of this Act.
| 7 | | The Division shall develop standards to implement the | 8 | | Domestic Violence Surveillance Program established under | 9 | | Section 5-8A-7 of the Unified Code of Corrections, including | 10 | | (i) procurement of equipment and other services necessary to | 11 | | implement the program and (ii) development of uniform | 12 | | standards for the delivery of the program through county | 13 | | probation departments, and develop standards for collecting | 14 | | data to evaluate the impact and costs of the Domestic Violence | 15 | | Surveillance Program. | 16 | | The Division shall establish a model list of structured | 17 | | intermediate
sanctions that may be imposed by a probation | 18 | | agency for violations of terms and
conditions of a sentence of | 19 | | probation, conditional discharge, or supervision.
| 20 | | The Division shall establish training standards for | 21 | | continuing education of probation officers and supervisors and | 22 | | broaden access to available training programs. | 23 | | The State of Illinois shall provide for the costs of | 24 | | personnel, travel,
equipment, telecommunications, postage, | 25 | | commodities, printing, space,
contractual services and other | 26 | | related costs necessary to carry out the
intent of this Act.
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| 1 | | (2)(a) The chief judge of each circuit shall provide
| 2 | | full-time probation services for all counties
within the | 3 | | circuit, in a
manner consistent with the annual probation | 4 | | plan,
the standards, policies,
and regulations established by | 5 | | the Supreme Court. A
probation district of
two or more | 6 | | counties within a circuit may be created for the purposes of
| 7 | | providing full-time probation services. Every
county or group | 8 | | of
counties within a circuit shall maintain a
probation | 9 | | department which shall
be under the authority of the Chief | 10 | | Judge of the circuit or some other
judge designated by the | 11 | | Chief Judge. The Chief Judge, through the
Probation and Court | 12 | | Services Department shall
submit annual plans to the
Division | 13 | | for probation and related services.
| 14 | | (b) The Chief Judge of each circuit shall appoint the | 15 | | Chief
Probation
Officer and all other probation officers for | 16 | | his
or her circuit from lists
of qualified applicants supplied | 17 | | by the Supreme Court. Candidates for chief
managing officer | 18 | | and other probation officer
positions must apply with both
the | 19 | | Chief Judge of the circuit and the Supreme Court.
| 20 | | (3) A Probation and Court Service Department
shall apply | 21 | | to the
Supreme Court for funds for basic services, and may | 22 | | apply for funds for new
and expanded programs or | 23 | | Individualized Services and Programs. Costs shall
be | 24 | | reimbursed monthly based on a plan and budget approved by the | 25 | | Supreme
Court. No Department may be reimbursed for costs which | 26 | | exceed or are not
provided for in the approved annual plan and |
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| 1 | | budget. After the effective
date of this amendatory Act of | 2 | | 1985, each county must provide basic
services in accordance | 3 | | with the annual plan and standards created by the
division. No | 4 | | department may receive funds for new or expanded programs or
| 5 | | individualized services and programs unless they are in | 6 | | compliance with
standards as enumerated in paragraph (h) of | 7 | | subsection (1) of this Section,
the annual plan, and standards | 8 | | for basic services.
| 9 | | (4) The Division shall reimburse the county or counties | 10 | | for
probation
services as follows:
| 11 | | (a) 100% of the salary of all chief managing officers | 12 | | designated as such
by the Chief Judge and the division.
| 13 | | (b) 100% of the salary for all probation
officer and | 14 | | supervisor
positions approved for reimbursement by the | 15 | | division after April 1, 1984,
to meet workload standards , | 16 | | and to implement intensive sanction and
probation
| 17 | | supervision
programs , pretrial services programs, | 18 | | specialty court programs, and other basic services as | 19 | | defined in this Act.
| 20 | | (c) 100% of the salary for all secure detention | 21 | | personnel and non-secure
group home personnel approved for | 22 | | reimbursement after December 1, 1990.
For all such | 23 | | positions approved for reimbursement
before
December 1, | 24 | | 1990, the counties shall be reimbursed $1,250 per month | 25 | | beginning
July 1, 1995, and an additional $250 per month | 26 | | beginning each July 1st
thereafter until the positions |
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| 1 | | receive 100% salary reimbursement.
Allocation of such | 2 | | positions will be based on comparative need considering
| 3 | | capacity, staff/resident ratio, physical plant and | 4 | | program.
| 5 | | (d) $1,000 per month for salaries for the remaining
| 6 | | probation officer
positions engaged in basic services and | 7 | | new or expanded services. All such
positions shall be | 8 | | approved by the division in accordance with this Act and
| 9 | | division standards. For all such positions approved for | 10 | | reimbursement under this paragraph (d), of the total | 11 | | Statewide number as of July 1, 2021, beginning on July 1, | 12 | | 2022, 20 percent of that number shall be transferred to | 13 | | paragraph (b) above requiring 100% salary reimbursement. | 14 | | Each subsequent July 1st, another 20 percent of the July | 15 | | 1,2021 population shall be transferred to paragraph (b) | 16 | | above until there are no positions left under this | 17 | | paragraph (d).
| 18 | | (e) (Blank). 100% of the travel expenses in accordance | 19 | | with Division standards
for all Probation positions | 20 | | approved under
paragraph (b) of subsection 4
of this | 21 | | Section.
| 22 | | (f) If the amount of funds reimbursed to the county | 23 | | under paragraphs
(a) through (e) of subsection 4 of this | 24 | | Section on an annual basis is less
than the amount the | 25 | | county had received during the 12 month period
immediately | 26 | | prior to the effective date of this amendatory Act of |
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| 1 | | 1985,
then the Division shall reimburse the amount of the | 2 | | difference to the
county. The effect of paragraph (b) of | 3 | | subsection 7 of this Section shall
be considered in | 4 | | implementing this supplemental reimbursement provision.
| 5 | | (5) The Division shall provide funds beginning on April 1, | 6 | | 1987 for the
counties to provide Individualized Services and | 7 | | Programs as provided in
Section 16 of this Act.
| 8 | | (6) A Probation and Court Services Department
in order to | 9 | | be eligible
for the reimbursement must submit to the Supreme | 10 | | Court an application
containing such information and in such a | 11 | | form and by such dates as the
Supreme Court may require. | 12 | | Departments to be eligible for funding must
satisfy the | 13 | | following conditions:
| 14 | | (a) The Department shall have on file with the Supreme
| 15 | | Court an annual Probation plan for continuing,
improved, | 16 | | and
new Probation and Court Services Programs
approved by | 17 | | the Supreme Court or its
designee. This plan shall | 18 | | indicate the manner in which
Probation and Court
Services | 19 | | will be delivered and improved, consistent with the | 20 | | minimum
standards and regulations for Probation and Court
| 21 | | Services, as established
by the Supreme Court. In counties | 22 | | with more than one
Probation and Court
Services Department | 23 | | eligible to receive funds, all Departments within that
| 24 | | county must submit plans which are approved by the Supreme | 25 | | Court.
| 26 | | (b) The annual probation plan shall seek to
generally |
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| 1 | | improve the
quality of probation services and to reduce | 2 | | the
commitment of adult offenders to the Department of | 3 | | Corrections and to reduce the
commitment of juvenile | 4 | | offenders to the Department of Juvenile Justice and shall | 5 | | require, when
appropriate, coordination with the | 6 | | Department of Corrections, the Department of Juvenile | 7 | | Justice, and the
Department of Children and Family | 8 | | Services in the development and use of
community | 9 | | resources, information systems, case review and permanency
| 10 | | planning systems to avoid the duplication of services.
| 11 | | (c) The Department shall be in compliance with | 12 | | standards developed by the
Supreme Court for basic, new | 13 | | and expanded services, training, personnel
hiring and | 14 | | promotion.
| 15 | | (d) The Department shall in its annual plan indicate | 16 | | the manner in which
it will support the rights of crime | 17 | | victims and in which manner it will
implement Article I, | 18 | | Section 8.1 of the Illinois Constitution and in what
| 19 | | manner it will coordinate crime victims' support services | 20 | | with other criminal
justice agencies within its | 21 | | jurisdiction, including but not limited to, the
State's | 22 | | Attorney, the Sheriff and any municipal police department.
| 23 | | (7) No statement shall be verified by the Supreme Court or | 24 | | its
designee or vouchered by the Comptroller unless each of | 25 | | the following
conditions have been met:
| 26 | | (a) The probation officer is a full-time
employee |
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| 1 | | appointed by the Chief
Judge to provide probation | 2 | | services.
| 3 | | (b) The probation officer, in order to be
eligible for | 4 | | State
reimbursement, is receiving a salary of at least | 5 | | $17,000 per year.
| 6 | | (c) The probation officer is appointed or
was | 7 | | reappointed in accordance
with minimum qualifications or | 8 | | criteria established by the Supreme
Court; however, all | 9 | | probation officers appointed
prior to January 1, 1978,
| 10 | | shall be exempted from the minimum requirements | 11 | | established by the Supreme
Court. Payments shall be made | 12 | | to counties employing these exempted
probation officers as | 13 | | long as they are employed
in the position held on the
| 14 | | effective date of this amendatory Act of 1985. Promotions | 15 | | shall be
governed by minimum qualifications established by | 16 | | the Supreme Court.
| 17 | | (d) The Department has an established compensation | 18 | | schedule approved by
the Supreme Court. The compensation | 19 | | schedule shall include salary ranges
with necessary | 20 | | increments to compensate each employee. The increments
| 21 | | shall, within the salary ranges, be based on such factors | 22 | | as bona fide
occupational qualifications, performance, and | 23 | | length of service. Each
position in the Department shall | 24 | | be placed on the compensation schedule
according to job | 25 | | duties and responsibilities of such position. The policy
| 26 | | and procedures of the compensation schedule shall be made |
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| 1 | | available to each
employee.
| 2 | | (8) In order to obtain full reimbursement of all approved | 3 | | costs, each
Department must continue to employ at least the | 4 | | same number of
probation
officers and probation managers as | 5 | | were
authorized for employment for the
fiscal year which | 6 | | includes January 1, 1985. This number shall be designated
as | 7 | | the base amount of the Department. No positions approved by | 8 | | the Division
under paragraph (b) of subsection 4 will be | 9 | | included in the base amount.
In the event that the Department | 10 | | employs fewer
Probation officers and
Probation managers than | 11 | | the base amount for a
period of 90 days, funding
received by | 12 | | the Department under subsection 4 of this
Section may be | 13 | | reduced on a monthly basis by the amount of the current
| 14 | | salaries of any positions below the base amount.
| 15 | | (9) Before the 15th day of each month, the treasurer of any | 16 | | county which
has a Probation and Court Services Department, or
| 17 | | the treasurer of the most
populous county, in the case of a | 18 | | Probation or
Court Services Department
funded by more than one | 19 | | county, shall submit an itemized statement of all
approved | 20 | | costs incurred in the delivery of Basic
Probation and Court
| 21 | | Services under this Act to the Supreme Court.
The treasurer | 22 | | may also submit an itemized statement of all approved costs
| 23 | | incurred in the delivery of new and expanded
Probation and | 24 | | Court Services
as well as Individualized Services and | 25 | | Programs. The Supreme Court or
its designee shall verify | 26 | | compliance with this Section and shall examine
and audit the |
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| 1 | | monthly statement and, upon finding them to be correct, shall
| 2 | | forward them to the Comptroller for payment to the county | 3 | | treasurer. In the
case of payment to a treasurer of a county | 4 | | which is the most populous of
counties sharing the salary and | 5 | | expenses of a
Probation and Court Services
Department, the | 6 | | treasurer shall divide the money between the counties in a
| 7 | | manner that reflects each county's share of the cost incurred | 8 | | by the
Department.
| 9 | | (10) The county treasurer must certify that funds received | 10 | | under this
Section shall be used solely to maintain and | 11 | | improve
Probation and Court
Services. The county or circuit | 12 | | shall remain in compliance with all
standards, policies and | 13 | | regulations established by the Supreme Court.
If at any time | 14 | | the Supreme Court determines that a county or circuit is not
in | 15 | | compliance, the Supreme Court shall immediately notify the | 16 | | Chief Judge,
county board chairman and the Director of Court | 17 | | Services Chief
Probation Officer. If after 90 days of written
| 18 | | notice the noncompliance
still exists, the Supreme Court shall | 19 | | be required to reduce the amount of
monthly reimbursement by | 20 | | 10%. An additional 10% reduction of monthly
reimbursement | 21 | | shall occur for each consecutive month of noncompliance.
| 22 | | Except as provided in subsection 5 of Section 15, funding to | 23 | | counties shall
commence on April 1, 1986. Funds received under | 24 | | this Act shall be used to
provide for Probation Department | 25 | | expenses
including those required under
Section 13 of this | 26 | | Act. The Mandatory
Arbitration Fund may be used to provide for |
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| 1 | | Probation Department expenses,
including those required under | 2 | | Section 13 of this Act.
| 3 | | (11) The respective counties shall be responsible for | 4 | | capital and space
costs, fringe benefits, clerical costs, | 5 | | equipment, telecommunications,
postage, commodities and | 6 | | printing.
| 7 | | (12) For purposes of this Act only, probation officers | 8 | | shall be
considered
peace officers. In the
exercise of their | 9 | | official duties, probation
officers, sheriffs, and police
| 10 | | officers may, anywhere within the State, arrest any | 11 | | probationer who is in
violation of any of the conditions of his | 12 | | or her probation, conditional
discharge, or supervision, and | 13 | | it shall be the
duty of the officer making the arrest to take | 14 | | the probationer
before the
Court having jurisdiction over the | 15 | | probationer for further order.
| 16 | | (Source: P.A. 100-91, eff. 8-11-17.)
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