Full Text of SB1302 101st General Assembly
SB1302eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning courts.
| 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 Sections 5-410 and 5-415 and by adding Section 5-420 | 6 | | as follows:
| 7 | | (705 ILCS 405/5-410)
| 8 | | Sec. 5-410. Non-secure custody or detention.
| 9 | | (1) Any minor arrested or taken into custody pursuant to | 10 | | this Act who
requires care away from his or her home but who | 11 | | does not require physical
restriction shall be given temporary | 12 | | care in a foster family home or other
shelter facility | 13 | | designated by the court.
| 14 | | (2) (a) Any minor 10 years of age or older arrested
| 15 | | pursuant to this Act where there is probable cause to believe | 16 | | that the minor
is a delinquent minor and that
(i) secure | 17 | | secured custody is a matter of immediate and urgent necessity | 18 | | for the
protection of the minor or of the person or property of | 19 | | another, (ii) the minor
is likely to flee the jurisdiction of | 20 | | the court, or (iii) the minor was taken
into custody under a | 21 | | warrant, may be kept or detained in an authorized
detention | 22 | | facility. A minor under 13 years of age shall not be admitted, | 23 | | kept, or detained in a detention facility unless a local youth |
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| 1 | | service provider, including a provider through the | 2 | | Comprehensive Community Based Youth Services network, has been | 3 | | contacted and has not been able to accept the minor. No minor | 4 | | under 12 years of age shall be detained in a
county jail or a | 5 | | municipal lockup for more than 6 hours.
| 6 | | (a-5) For a minor arrested or taken into custody for | 7 | | vehicular hijacking or aggravated vehicular hijacking, a | 8 | | previous finding of delinquency for vehicular hijacking or | 9 | | aggravated vehicular hijacking shall be given greater weight in | 10 | | determining whether secured custody of a minor is a matter of | 11 | | immediate and urgent necessity for the protection of the minor | 12 | | or of the person or property of another. | 13 | | (b) The written authorization of the probation officer or | 14 | | detention officer
(or other public officer designated by the | 15 | | court in a county having
3,000,000 or more inhabitants) | 16 | | constitutes authority for the superintendent of
any juvenile | 17 | | detention home to detain and keep a minor for up to 48 40 | 18 | | hours ,
excluding Saturdays, Sundays and court-designated | 19 | | holidays . These
records shall be available to the same persons | 20 | | and pursuant to the same
conditions as are law enforcement | 21 | | records as provided in Section 5-905.
| 22 | | (b-4) The consultation required by paragraph subsection | 23 | | (b-5) shall not be applicable
if the probation officer or | 24 | | detention officer (or other public officer
designated
by the | 25 | | court in a
county having 3,000,000 or more inhabitants) | 26 | | utilizes a scorable detention
screening instrument, which has |
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| 1 | | been developed with input by the State's
Attorney, to
determine | 2 | | whether a minor should be detained, however, paragraph | 3 | | subsection (b-5) shall
still be applicable where no such | 4 | | screening instrument is used or where the
probation officer, | 5 | | detention officer (or other public officer designated by the
| 6 | | court in a county
having 3,000,000 or more inhabitants) | 7 | | deviates from the screening instrument.
| 8 | | On and after July 1, 2021, a detention screening instrument | 9 | | shall be used for referrals to all authorized juvenile | 10 | | detention facilities in this State prior to a judicial hearing. | 11 | | The detention screening instrument shall be developed and | 12 | | validated by the Probation Division of the Administrative | 13 | | Office of the Illinois Courts, as provided in Section 15 of the | 14 | | Probation and Probation Officers Act, and subject to approval | 15 | | by the Chief Judge of each Circuit. | 16 | | (b-5) Subject to the provisions of paragraph subsection | 17 | | (b-4), if a probation officer
or detention officer
(or other | 18 | | public officer designated by
the court in a county having | 19 | | 3,000,000 or more inhabitants) does not intend to
detain a | 20 | | minor for an offense which constitutes one of the following | 21 | | offenses
he or she shall consult with the State's Attorney's | 22 | | Office prior to the release
of the minor: first degree murder, | 23 | | second degree murder, involuntary
manslaughter, criminal | 24 | | sexual assault, aggravated criminal sexual assault,
aggravated | 25 | | battery with a firearm as described in Section 12-4.2 or | 26 | | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section |
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| 1 | | 12-3.05, aggravated or heinous battery involving
permanent | 2 | | disability or disfigurement or great bodily harm, robbery, | 3 | | aggravated
robbery, armed robbery, vehicular hijacking, | 4 | | aggravated vehicular hijacking,
vehicular invasion, arson, | 5 | | aggravated arson, kidnapping, aggravated kidnapping,
home | 6 | | invasion, burglary, or residential burglary.
| 7 | | (c) Except as otherwise provided in paragraph (a), (d), or | 8 | | (e), no minor
shall
be detained in a county jail or municipal | 9 | | lockup for more than 12 hours, unless
the offense is a crime of | 10 | | violence in which case the minor may be detained up
to 24 | 11 | | hours. For the purpose of this paragraph, "crime of violence" | 12 | | has the
meaning
ascribed to it in Section 1-10 of the | 13 | | Alcoholism and Other Drug Abuse and
Dependency Act.
| 14 | | (i) The
period of detention is deemed to have begun | 15 | | once the minor has been placed in a
locked room or cell or | 16 | | handcuffed to a stationary object in a building housing
a | 17 | | county jail or municipal lockup. Time spent transporting a | 18 | | minor is not
considered to be time in detention or secure | 19 | | custody.
| 20 | | (ii) Any minor so
confined shall be under periodic | 21 | | supervision and shall not be permitted to come
into or | 22 | | remain in contact with adults in custody in the building.
| 23 | | (iii) Upon
placement in secure custody in a jail or | 24 | | lockup, the
minor shall be informed of the purpose of the | 25 | | detention, the time it is
expected to last and the fact | 26 | | that it cannot exceed the time specified under
this Act.
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| 1 | | (iv) A log shall
be kept which shows the offense which | 2 | | is the basis for the detention, the
reasons and | 3 | | circumstances for the decision to detain , and the length of | 4 | | time the
minor was in detention.
| 5 | | (v) Violation of the time limit on detention
in a | 6 | | county jail or municipal lockup shall not, in and of | 7 | | itself, render
inadmissible evidence obtained as a result | 8 | | of the violation of this
time limit. Minors under 18 years | 9 | | of age shall be kept separate from confined
adults and may | 10 | | not at any time be kept in the same cell, room , or yard | 11 | | with
adults confined pursuant to criminal law. Persons 18 | 12 | | years of age and older
who have a petition of delinquency | 13 | | filed against them may be
confined in an
adult detention | 14 | | facility.
In making a determination whether to confine a | 15 | | person 18 years of age or
older
who has a petition of | 16 | | delinquency filed against the person, these factors,
among | 17 | | other matters, shall be considered:
| 18 | | (A) the The age of the person;
| 19 | | (B) any Any previous delinquent or criminal | 20 | | history of the person;
| 21 | | (C) any Any previous abuse or neglect history of | 22 | | the person; and
| 23 | | (D) any Any mental health or educational history of | 24 | | the person, or both.
| 25 | | (d) (i) If a minor 12 years of age or older is confined in a | 26 | | county jail
in a
county with a population below 3,000,000 |
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| 1 | | inhabitants, then the minor's
confinement shall be implemented | 2 | | in such a manner that there will be no contact
by sight, sound , | 3 | | or otherwise between the minor and adult prisoners. Minors
12 | 4 | | years of age or older must be kept separate from confined | 5 | | adults and may not
at any time
be kept in the same cell, room, | 6 | | or yard with confined adults. This paragraph
(d)(i) shall only | 7 | | apply to confinement pending an adjudicatory hearing and
shall | 8 | | not exceed 48 40 hours , excluding Saturdays, Sundays and court | 9 | | designated
holidays . To accept or hold minors during this time | 10 | | period, county jails shall
comply with all monitoring standards | 11 | | adopted by the Department of
Corrections and training standards | 12 | | approved by the Illinois Law Enforcement
Training Standards | 13 | | Board.
| 14 | | (ii) To accept or hold minors, 12 years of age or older, | 15 | | after the time
period
prescribed in paragraph (d)(i) of this | 16 | | subsection (2) of this Section but not
exceeding 7 days | 17 | | including Saturdays, Sundays , and holidays pending an
| 18 | | adjudicatory hearing, county jails shall comply with all | 19 | | temporary detention
standards adopted by the Department of | 20 | | Corrections and training standards
approved by the Illinois Law | 21 | | Enforcement Training Standards Board.
| 22 | | (iii) To accept or hold minors 12 years of age or older, | 23 | | after the time
period prescribed in paragraphs (d)(i) and | 24 | | (d)(ii) of this subsection (2) of
this
Section, county jails | 25 | | shall comply with all county juvenile detention standards | 26 | | adopted by the Department of Juvenile Justice.
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| 1 | | (e) When a minor who is at least 15 years of age is | 2 | | prosecuted under the
criminal laws of this State,
the court may | 3 | | enter an order directing that the juvenile be confined
in the | 4 | | county jail. However, any juvenile confined in the county jail | 5 | | under
this provision shall be separated from adults who are | 6 | | confined in the county
jail in such a manner that there will be | 7 | | no contact by sight, sound or
otherwise between the juvenile | 8 | | and adult prisoners.
| 9 | | (f) For purposes of appearing in a physical lineup, the | 10 | | minor may be taken
to a county jail or municipal lockup under | 11 | | the direct and constant supervision
of a juvenile police | 12 | | officer. During such time as is necessary to conduct a
lineup, | 13 | | and while supervised by a juvenile police officer, the sight | 14 | | and sound
separation provisions shall not apply.
| 15 | | (g) For purposes of processing a minor, the minor may be | 16 | | taken to a county jail County
Jail or municipal lockup under | 17 | | the direct and constant supervision of a law
enforcement | 18 | | officer or correctional officer. During such time as is | 19 | | necessary
to process the minor, and while supervised by a law | 20 | | enforcement officer or
correctional officer, the sight and | 21 | | sound separation provisions shall not
apply.
| 22 | | (3) If the probation officer or State's Attorney (or such | 23 | | other public
officer designated by the court in a county having | 24 | | 3,000,000 or more
inhabitants) determines that the minor may be | 25 | | a delinquent minor as described
in subsection (3) of Section | 26 | | 5-105, and should be retained in custody but does
not require
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| 1 | | physical restriction, the minor may be placed in non-secure | 2 | | custody for up to
40 hours pending a detention hearing.
| 3 | | (4) Any minor taken into temporary custody, not requiring | 4 | | secure
detention, may, however, be detained in the home of his | 5 | | or her parent or
guardian subject to such conditions as the | 6 | | court may impose.
| 7 | | (5) The changes made to this Section by Public Act 98-61 | 8 | | apply to a minor who has been arrested or taken into custody on | 9 | | or after January 1, 2014 (the effective date of Public Act | 10 | | 98-61). | 11 | | (Source: P.A. 99-254, eff. 1-1-16; 100-745, eff. 8-10-18; | 12 | | revised 10-3-18.)
| 13 | | (705 ILCS 405/5-415)
| 14 | | Sec. 5-415. Setting of detention or shelter care hearing; | 15 | | release.
| 16 | | (1) Unless sooner released, a minor alleged to be a | 17 | | delinquent minor taken
into temporary custody must be brought | 18 | | before a judicial officer within 48 40
hours for a detention or | 19 | | shelter care hearing to determine whether he or she
shall be
| 20 | | further held in custody. If a minor alleged to be a delinquent | 21 | | minor taken into
custody is hospitalized or is receiving | 22 | | treatment for a physical or mental
condition, and is unable to | 23 | | be brought before a judicial officer for a
detention or shelter | 24 | | care hearing, the 48 40 hour period will not commence until
the | 25 | | minor is released from the hospital or place of treatment. If |
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| 1 | | the minor
gives false information to law enforcement officials | 2 | | regarding the minor's
identity or age, the 48 40 hour period | 3 | | will not commence until the court rules
that the minor is | 4 | | subject to this Act and not subject to prosecution under the
| 5 | | Criminal Code of 1961 or the Criminal Code of 2012. Any
other | 6 | | delay attributable to a minor alleged to be a delinquent minor | 7 | | who is
taken into temporary custody shall act to toll the 48 40 | 8 | | hour time period. The 48 40 hour time period shall be tolled to | 9 | | allow counsel for the minor to prepare for the detention or | 10 | | shelter care hearing, upon a motion filed by such counsel and | 11 | | granted by the court. In all
cases, the 48 40 hour time period | 12 | | includes any Saturday, Sunday, or court-designated holiday | 13 | | within the period is exclusive of Saturdays, Sundays and
| 14 | | court-designated holidays .
| 15 | | (2) If the State's Attorney or probation officer (or other | 16 | | public
officer designated by the court in a county having more | 17 | | than 3,000,000
inhabitants) determines that the minor should be | 18 | | retained in custody, he or she
shall
cause a petition to be | 19 | | filed as provided in Section 5-520 of this Article, and
the | 20 | | clerk of the court shall set the matter for hearing on the | 21 | | detention or
shelter care hearing calendar. Immediately upon | 22 | | the filing of a petition in the case of a minor retained in | 23 | | custody, the court shall cause counsel to be appointed to | 24 | | represent the minor. When a parent, legal guardian, custodian, | 25 | | or
responsible relative is present and so requests, the | 26 | | detention or shelter care
hearing shall be held immediately if |
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| 1 | | the court is in session
and the State is ready to proceed, | 2 | | otherwise at the earliest feasible time.
In no event shall a | 3 | | detention or shelter care hearing be held until the minor has | 4 | | had adequate opportunity to consult with counsel. The probation | 5 | | officer or such other public officer designated by the court in | 6 | | a
county having more than 3,000,000 inhabitants shall notify | 7 | | the minor's parent,
legal guardian, custodian, or responsible | 8 | | relative of the time and place of the
hearing. The notice may | 9 | | be given orally.
| 10 | | (3) The minor must be released from custody at the | 11 | | expiration of the 48 40
hour period specified by this Section | 12 | | if not brought before a judicial officer
within that period.
| 13 | | (4) After the initial 48 40 hour period has lapsed, the | 14 | | court may review the
minor's custodial status at any time prior | 15 | | to the trial or sentencing
hearing. If during this time period | 16 | | new or additional information becomes
available concerning the | 17 | | minor's conduct, the court may conduct a hearing to
determine | 18 | | whether the minor should be placed in a detention or shelter | 19 | | care
facility. If the court finds that there is probable cause | 20 | | that the minor is a
delinquent minor and that it is a matter of | 21 | | immediate and urgent necessity for
the protection of the minor | 22 | | or of the person or property of another, or that he
or she is | 23 | | likely to flee the jurisdiction of the court, the court may | 24 | | order
that the minor be placed in detention or shelter care.
| 25 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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| 1 | | (705 ILCS 405/5-420 new) | 2 | | Sec. 5-420. Minor's appearance by closed circuit | 3 | | television and video conference. | 4 | | (a) If an appearance under this Act is required of any | 5 | | minor taken and held in a place of custody or confinement | 6 | | operated by the State or any of its political subdivisions, | 7 | | including counties and municipalities, the chief judge of the | 8 | | circuit may permit by rule for the minor's personal appearance | 9 | | to be made by means of two-way audio-visual communication, | 10 | | including closed circuit television and computerized video | 11 | | conference, in the following proceedings: | 12 | | (1) the initial appearance before a judge; | 13 | | (2) a detention or shelter care hearing; or | 14 | | (3) any status hearing. | 15 | | (b) The two-way audio-visual communication facilities must | 16 | | provide two-way audio-visual communication between the court | 17 | | and the place of custody or confinement and must include a | 18 | | secure line over which the minor in custody and his or her | 19 | | counsel may communicate. | 20 | | (c) Nothing in this Section shall be construed to prohibit | 21 | | other court appearances through the use of two-way audio-visual | 22 | | communication, upon waiver of any right the minor in custody or | 23 | | confinement may have to be present physically. | 24 | | (d) Nothing in this Section shall be construed to establish | 25 | | a right of any minor held in custody or confinement to appear | 26 | | in court through two-way audio-visual communication or to |
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| 1 | | require that any governmental entity, or place of custody or | 2 | | confinement, provide two-way audio-visual communication. | 3 | | Section 10. The Probation and Probation Officers Act is | 4 | | amended by changing Section 15 as follows:
| 5 | | (730 ILCS 110/15) (from Ch. 38, par. 204-7)
| 6 | | Sec. 15. (1) The Supreme Court of Illinois may establish a | 7 | | Division of
Probation Services whose purpose shall be the | 8 | | development, establishment,
promulgation, and enforcement of | 9 | | uniform standards for probation services in
this State, and to | 10 | | otherwise carry out the intent of this Act. The Division
may:
| 11 | | (a) establish qualifications for chief probation | 12 | | officers and other
probation and court services personnel | 13 | | as to hiring, promotion, and training.
| 14 | | (b) make available, on a timely basis, lists of those | 15 | | applicants whose
qualifications meet the regulations | 16 | | referred to herein, including on said
lists all candidates | 17 | | found qualified.
| 18 | | (c) establish a means of verifying the conditions for | 19 | | reimbursement
under this Act and develop criteria for | 20 | | approved costs for reimbursement.
| 21 | | (d) develop standards and approve employee | 22 | | compensation schedules for
probation and court services | 23 | | departments.
| 24 | | (e) employ sufficient personnel in the Division to |
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| 1 | | carry out the
functions of the Division.
| 2 | | (f) establish a system of training and establish | 3 | | standards for personnel
orientation and training.
| 4 | | (g) develop standards for a system of record keeping | 5 | | for cases and
programs, gather statistics, establish a | 6 | | system of uniform forms, and
develop research for planning | 7 | | of Probation
Services.
| 8 | | (h) develop standards to assure adequate support | 9 | | personnel, office
space, equipment and supplies, travel | 10 | | expenses, and other essential items
necessary for | 11 | | Probation and Court Services
Departments to carry out their
| 12 | | duties.
| 13 | | (i) review and approve annual plans submitted by
| 14 | | Probation and Court
Services Departments.
| 15 | | (j) monitor and evaluate all programs operated by
| 16 | | Probation and Court
Services Departments, and may include | 17 | | in the program evaluation criteria
such factors as the | 18 | | percentage of Probation sentences for felons convicted
of | 19 | | Probationable offenses.
| 20 | | (k) seek the cooperation of local and State government | 21 | | and private
agencies to improve the quality of probation | 22 | | and
court services.
| 23 | | (l) where appropriate, establish programs and | 24 | | corresponding standards
designed to generally improve the | 25 | | quality of
probation and court services
and reduce the rate | 26 | | of adult or juvenile offenders committed to the
Department |
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| 1 | | of Corrections.
| 2 | | (m) establish such other standards and regulations and | 3 | | do all acts
necessary to carry out the intent and purposes | 4 | | of this Act.
| 5 | | The Division shall adopt a statewide juvenile detention | 6 | | screening instrument that has been verified through | 7 | | evidence-based and data-based practices that is to be used by | 8 | | all authorized juvenile detention facilities. The scoring for | 9 | | this screening tool may include, but is not limited to, the | 10 | | following determinations or factors: | 11 | | (i) the likelihood that the juvenile will appear in | 12 | | court; | 13 | | (ii) the severity of the charge against the juvenile; | 14 | | (iii) whether the current incident involved violence | 15 | | or a weapon, or the threat of or use of a weapon; | 16 | | (iv) the number of prior interactions the juvenile has | 17 | | with the juvenile justice system; | 18 | | (v) whether prior incidents of the juvenile involved | 19 | | violence or a weapon, or the threat of or use of a weapon; | 20 | | (vi) whether there is a safe environment to return the | 21 | | juvenile to; and | 22 | | (vii) whether the family members of the juvenile would | 23 | | feel safe if the juvenile returns to his or her home | 24 | | environment. | 25 | | This screening tool and its use shall be race and gender | 26 | | neutral and shall include protections from all forms of bias. |
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| 1 | | The Division may recommend and adopt updates to the screening | 2 | | tool and its usage on a regular basis. | 3 | | The Division shall develop standards to implement the | 4 | | Domestic Violence Surveillance Program established under | 5 | | Section 5-8A-7 of the Unified Code of Corrections, including | 6 | | (i) procurement of equipment and other services necessary to | 7 | | implement the program and (ii) development of uniform standards | 8 | | for the delivery of the program through county probation | 9 | | departments, and develop standards for collecting data to | 10 | | evaluate the impact and costs of the Domestic Violence | 11 | | Surveillance Program. | 12 | | The Division shall establish a model list of structured | 13 | | intermediate
sanctions that may be imposed by a probation | 14 | | agency for violations of terms and
conditions of a sentence of | 15 | | probation, conditional discharge, or supervision.
| 16 | | The Division shall establish training standards for | 17 | | continuing education of probation officers and supervisors and | 18 | | broaden access to available training programs. | 19 | | The State of Illinois shall provide for the costs of | 20 | | personnel, travel,
equipment, telecommunications, postage, | 21 | | commodities, printing, space,
contractual services and other | 22 | | related costs necessary to carry out the
intent of this Act.
| 23 | | (2)(a) The chief judge of each circuit shall provide
| 24 | | full-time probation services for all counties
within the | 25 | | circuit, in a
manner consistent with the annual probation plan,
| 26 | | the standards, policies,
and regulations established by the |
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| 1 | | Supreme Court. A
probation district of
two or more counties | 2 | | within a circuit may be created for the purposes of
providing | 3 | | full-time probation services. Every
county or group of
counties | 4 | | within a circuit shall maintain a
probation department which | 5 | | shall
be under the authority of the Chief Judge of the circuit | 6 | | or some other
judge designated by the Chief Judge. The Chief | 7 | | Judge, through the
Probation and Court Services Department | 8 | | shall
submit annual plans to the
Division for probation and | 9 | | related services.
| 10 | | (b) The Chief Judge of each circuit shall appoint the Chief
| 11 | | Probation
Officer and all other probation officers for his
or | 12 | | her circuit from lists
of qualified applicants supplied by the | 13 | | Supreme Court. Candidates for chief
managing officer and other | 14 | | probation officer
positions must apply with both
the Chief | 15 | | Judge of the circuit and the Supreme Court.
| 16 | | (3) A Probation and Court Service Department
shall apply to | 17 | | the
Supreme Court for funds for basic services, and may apply | 18 | | for funds for new
and expanded programs or Individualized | 19 | | Services and Programs. Costs shall
be reimbursed monthly based | 20 | | on a plan and budget approved by the Supreme
Court. No | 21 | | Department may be reimbursed for costs which exceed or are not
| 22 | | provided for in the approved annual plan and budget. After the | 23 | | effective
date of this amendatory Act of 1985, each county must | 24 | | provide basic
services in accordance with the annual plan and | 25 | | standards created by the
division. No department may receive | 26 | | funds for new or expanded programs or
individualized services |
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| 1 | | and programs unless they are in compliance with
standards as | 2 | | enumerated in paragraph (h) of subsection (1) of this Section,
| 3 | | the annual plan, and standards for basic services.
| 4 | | (4) The Division shall reimburse the county or counties for
| 5 | | probation
services as follows:
| 6 | | (a) 100% of the salary of all chief managing officers | 7 | | designated as such
by the Chief Judge and the division.
| 8 | | (b) 100% of the salary for all probation
officer and | 9 | | supervisor
positions approved for reimbursement by the | 10 | | division after April 1, 1984,
to meet workload standards | 11 | | and to implement intensive sanction and
probation
| 12 | | supervision
programs and other basic services as defined in | 13 | | this Act.
| 14 | | (c) 100% of the salary for all secure detention | 15 | | personnel and non-secure
group home personnel approved for | 16 | | reimbursement after December 1, 1990.
For all such | 17 | | positions approved for reimbursement
before
December 1, | 18 | | 1990, the counties shall be reimbursed $1,250 per month | 19 | | beginning
July 1, 1995, and an additional $250 per month | 20 | | beginning each July 1st
thereafter until the positions | 21 | | receive 100% salary reimbursement.
Allocation of such | 22 | | positions will be based on comparative need considering
| 23 | | capacity, staff/resident ratio, physical plant and | 24 | | program.
| 25 | | (d) $1,000 per month for salaries for the remaining
| 26 | | probation officer
positions engaged in basic services and |
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| 1 | | new or expanded services. All such
positions shall be | 2 | | approved by the division in accordance with this Act and
| 3 | | division standards.
| 4 | | (e) 100% of the travel expenses in accordance with | 5 | | Division standards
for all Probation positions approved | 6 | | under
paragraph (b) of subsection 4
of this Section.
| 7 | | (f) If the amount of funds reimbursed to the county | 8 | | under paragraphs
(a) through (e) of subsection 4 of this | 9 | | Section on an annual basis is less
than the amount the | 10 | | county had received during the 12 month period
immediately | 11 | | prior to the effective date of this amendatory Act of 1985,
| 12 | | then the Division shall reimburse the amount of the | 13 | | difference to the
county. The effect of paragraph (b) of | 14 | | subsection 7 of this Section shall
be considered in | 15 | | implementing this supplemental reimbursement provision.
| 16 | | (5) The Division shall provide funds beginning on April 1, | 17 | | 1987 for the
counties to provide Individualized Services and | 18 | | Programs as provided in
Section 16 of this Act.
| 19 | | (6) A Probation and Court Services Department
in order to | 20 | | be eligible
for the reimbursement must submit to the Supreme | 21 | | Court an application
containing such information and in such a | 22 | | form and by such dates as the
Supreme Court may require. | 23 | | Departments to be eligible for funding must
satisfy the | 24 | | following conditions:
| 25 | | (a) The Department shall have on file with the Supreme
| 26 | | Court an annual Probation plan for continuing,
improved, |
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| 1 | | and
new Probation and Court Services Programs
approved by | 2 | | the Supreme Court or its
designee. This plan shall indicate | 3 | | the manner in which
Probation and Court
Services will be | 4 | | delivered and improved, consistent with the minimum
| 5 | | standards and regulations for Probation and Court
| 6 | | Services, as established
by the Supreme Court. In counties | 7 | | with more than one
Probation and Court
Services Department | 8 | | eligible to receive funds, all Departments within that
| 9 | | county must submit plans which are approved by the Supreme | 10 | | Court.
| 11 | | (b) The annual probation plan shall seek to
generally | 12 | | improve the
quality of probation services and to reduce the
| 13 | | commitment of adult offenders to the Department of | 14 | | Corrections and to reduce the
commitment of juvenile | 15 | | offenders to the Department of Juvenile Justice and shall | 16 | | require, when
appropriate, coordination with the | 17 | | Department of Corrections, the Department of Juvenile | 18 | | Justice, and the
Department of Children and Family Services | 19 | | in the development and use of
community resources, | 20 | | information systems, case review and permanency
planning | 21 | | systems to avoid the duplication of services.
| 22 | | (c) The Department shall be in compliance with | 23 | | standards developed by the
Supreme Court for basic, new and | 24 | | expanded services, training, personnel
hiring and | 25 | | promotion.
| 26 | | (d) The Department shall in its annual plan indicate |
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| 1 | | the manner in which
it will support the rights of crime | 2 | | victims and in which manner it will
implement Article I, | 3 | | Section 8.1 of the Illinois Constitution and in what
manner | 4 | | it will coordinate crime victims' support services with | 5 | | other criminal
justice agencies within its jurisdiction, | 6 | | including but not limited to, the
State's Attorney, the | 7 | | Sheriff and any municipal police department.
| 8 | | (7) No statement shall be verified by the Supreme Court or | 9 | | its
designee or vouchered by the Comptroller unless each of the | 10 | | following
conditions have been met:
| 11 | | (a) The probation officer is a full-time
employee | 12 | | appointed by the Chief
Judge to provide probation services.
| 13 | | (b) The probation officer, in order to be
eligible for | 14 | | State
reimbursement, is receiving a salary of at least | 15 | | $17,000 per year.
| 16 | | (c) The probation officer is appointed or
was | 17 | | reappointed in accordance
with minimum qualifications or | 18 | | criteria established by the Supreme
Court; however, all | 19 | | probation officers appointed
prior to January 1, 1978,
| 20 | | shall be exempted from the minimum requirements | 21 | | established by the Supreme
Court. Payments shall be made to | 22 | | counties employing these exempted
probation officers as | 23 | | long as they are employed
in the position held on the
| 24 | | effective date of this amendatory Act of 1985. Promotions | 25 | | shall be
governed by minimum qualifications established by | 26 | | the Supreme Court.
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| 1 | | (d) The Department has an established compensation | 2 | | schedule approved by
the Supreme Court. The compensation | 3 | | schedule shall include salary ranges
with necessary | 4 | | increments to compensate each employee. The increments
| 5 | | shall, within the salary ranges, be based on such factors | 6 | | as bona fide
occupational qualifications, performance, and | 7 | | length of service. Each
position in the Department shall be | 8 | | placed on the compensation schedule
according to job duties | 9 | | and responsibilities of such position. The policy
and | 10 | | procedures of the compensation schedule shall be made | 11 | | available to each
employee.
| 12 | | (8) In order to obtain full reimbursement of all approved | 13 | | costs, each
Department must continue to employ at least the | 14 | | same number of
probation
officers and probation managers as | 15 | | were
authorized for employment for the
fiscal year which | 16 | | includes January 1, 1985. This number shall be designated
as | 17 | | the base amount of the Department. No positions approved by the | 18 | | Division
under paragraph (b) of subsection 4 will be included | 19 | | in the base amount.
In the event that the Department employs | 20 | | fewer
Probation officers and
Probation managers than the base | 21 | | amount for a
period of 90 days, funding
received by the | 22 | | Department under subsection 4 of this
Section may be reduced on | 23 | | a monthly basis by the amount of the current
salaries of any | 24 | | positions below the base amount.
| 25 | | (9) Before the 15th day of each month, the treasurer of any | 26 | | county which
has a Probation and Court Services Department, or
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| 1 | | the treasurer of the most
populous county, in the case of a | 2 | | Probation or
Court Services Department
funded by more than one | 3 | | county, shall submit an itemized statement of all
approved | 4 | | costs incurred in the delivery of Basic
Probation and Court
| 5 | | Services under this Act to the Supreme Court.
The treasurer may | 6 | | also submit an itemized statement of all approved costs
| 7 | | incurred in the delivery of new and expanded
Probation and | 8 | | Court Services
as well as Individualized Services and Programs. | 9 | | The Supreme Court or
its designee shall verify compliance with | 10 | | this Section and shall examine
and audit the monthly statement | 11 | | and, upon finding them to be correct, shall
forward them to the | 12 | | Comptroller for payment to the county treasurer. In the
case of | 13 | | payment to a treasurer of a county which is the most populous | 14 | | of
counties sharing the salary and expenses of a
Probation and | 15 | | Court Services
Department, the treasurer shall divide the money | 16 | | between the counties in a
manner that reflects each county's | 17 | | share of the cost incurred by the
Department.
| 18 | | (10) The county treasurer must certify that funds received | 19 | | under this
Section shall be used solely to maintain and improve
| 20 | | Probation and Court
Services. The county or circuit shall | 21 | | remain in compliance with all
standards, policies and | 22 | | regulations established by the Supreme Court.
If at any time | 23 | | the Supreme Court determines that a county or circuit is not
in | 24 | | compliance, the Supreme Court shall immediately notify the | 25 | | Chief Judge,
county board chairman and the Director of Court | 26 | | Services Chief
Probation Officer. If after 90 days of written
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| 1 | | notice the noncompliance
still exists, the Supreme Court shall | 2 | | be required to reduce the amount of
monthly reimbursement by | 3 | | 10%. An additional 10% reduction of monthly
reimbursement shall | 4 | | occur for each consecutive month of noncompliance.
Except as | 5 | | provided in subsection 5 of Section 15, funding to counties | 6 | | shall
commence on April 1, 1986. Funds received under this Act | 7 | | shall be used to
provide for Probation Department expenses
| 8 | | including those required under
Section 13 of this Act. The | 9 | | Mandatory
Arbitration Fund may be used to provide for Probation | 10 | | Department expenses,
including those required under Section 13 | 11 | | of this Act.
| 12 | | (11) The respective counties shall be responsible for | 13 | | capital and space
costs, fringe benefits, clerical costs, | 14 | | equipment, telecommunications,
postage, commodities and | 15 | | printing.
| 16 | | (12) For purposes of this Act only, probation officers | 17 | | shall be
considered
peace officers. In the
exercise of their | 18 | | official duties, probation
officers, sheriffs, and police
| 19 | | officers may, anywhere within the State, arrest any probationer | 20 | | who is in
violation of any of the conditions of his or her | 21 | | probation, conditional
discharge, or supervision, and it shall | 22 | | be the
duty of the officer making the arrest to take the | 23 | | probationer
before the
Court having jurisdiction over the | 24 | | probationer for further order.
| 25 | | (Source: P.A. 100-91, eff. 8-11-17.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law. |
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