Full Text of HB2401 098th General Assembly
HB2401enr 98TH GENERAL ASSEMBLY |
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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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