Illinois General Assembly - Full Text of HB2425
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Full Text of HB2425  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. Robyn Gabel


730 ILCS 110/16.1

    Amends the Probation and Probation Officers Act. Makes a technical change in a Section concerning the Redeploy Illinois Program.

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HB2425LRB098 07688 RLC 37761 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Probation and Probation Officers Act is
5amended 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 this Section is to encourage the
9deinstitutionalization of juvenile offenders by establishing
10projects in counties or groups of counties that reallocate
11State funds from juvenile correctional confinement to local
12jurisdictions, which will establish a continuum of local,
13community-based sanctions and treatment alternatives for
14juvenile offenders who would be incarcerated if those local
15services and sanctions did not exist. It is also intended to
16offer alternatives, when appropriate, to avoid commitment to
17the Department of Juvenile Justice, to direct child welfare
18services for minors charged with a criminal offense or
19adjudicated delinquent under Section 5 of the Children and
20Family Services Act. The allotment of funds will be based on a
21formula that rewards local jurisdictions for the establishment
22or expansion of local alternatives to incarceration, and
23requires them to pay for utilization of incarceration as a



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1sanction. In addition, there shall be an allocation of
2resources (amount to be determined annually by the Redeploy
3Illinois Oversight Board) set aside at the beginning of each
4fiscal year to be made available for any county or groups of
5counties which need resources only occasionally for services to
6avoid commitment to the Department of Juvenile Justice for a
7limited number of youth. This redeployment of funds shall be
8made in a manner consistent with the Juvenile Court Act of 1987
9and 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
14Illinois program must create a local plan demonstrating how it
15will reduce the county or circuit's utilization of secure
16confinement of juvenile offenders in the Illinois Department of
17Juvenile Justice or county detention centers by the creation or
18expansion of individualized services or programs that may
19include 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
18Human Services.
19    (c) A county or group of counties may develop an agreement
20with the Department of Human Services to reduce their number of
21commitments of juvenile offenders, excluding minors sentenced
22based upon a finding of guilt of first degree murder or an
23offense which is a Class X forcible felony as defined in the
24Criminal Code of 1961, to the Department of Juvenile Justice,
25and then use the savings to develop local programming for youth
26who would otherwise have been committed to the Department of



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1Juvenile Justice. A county or group of counties shall agree to
2limit their commitments to 75% of the level of commitments from
3the average number of juvenile commitments for the past 3
4years, and will receive the savings to redeploy for local
5programming for juveniles who would otherwise be held in
6confinement. For any county or group of counties with a
7decrease of juvenile commitments of at least 25%, based on the
8average reductions of the prior 3 years, which are chosen to
9participate or continue as sites, the Redeploy Illinois
10Oversight Board has the authority to reduce the required
11percentage of future commitments to achieve the purpose of this
12Section. 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    (d) (Blank).
10    (d-5) A county or group of counties that does not have an
11approved Redeploy Illinois program, as described in subsection
12(b), and that has committed fewer than 10 Redeploy eligible
13youth to the Department of Juvenile Justice on average over the
14previous 3 years, may develop an individualized agreement with
15the Department of Human Services through the Redeploy Illinois
16program to provide services to youth to avoid commitment to the
17Department of Juvenile Justice. The agreement shall set forth
18the following:
19        (1) a statement of the number and type of juvenile
20    offenders from the county who were at risk under any of the
21    categories listed above during the 3 previous years, and an
22    explanation of which of these offenders would be served
23    through the proposed Redeploy Illinois program for which
24    the funds shall be used, or through individualized
25    contracts with existing Redeploy programs in neighboring
26    counties;



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1        (2) a statement of the service needs;
2        (3) a statement of the type of services and programs to
3    provide for the individual needs of the juvenile offenders,
4    and the research or evidence that qualifies those services
5    and programs as proven or promising practices;
6        (4) a budget indicating the costs of each service or
7    program to be funded under the plan;
8        (5) a summary of contracts and service agreements
9    indicating the treatment goals and number of juvenile
10    offenders to be served by each service provider; and
11        (6) a statement indicating that the Redeploy Illinois
12    program will not duplicate existing services and programs.
13    Funds for this plan shall not supplant existing county
14    funded programs.
15    (e) The Department of Human Services shall be responsible
16for the following:
17        (1) Reviewing each Redeploy Illinois Program plan for
18    compliance with standards established for such plans. A
19    plan may be approved as submitted, approved with
20    modifications, or rejected. No plan shall be considered for
21    approval if the circuit or county is not in full compliance
22    with all regulations, standards and guidelines pertaining
23    to the delivery of basic probation services as established
24    by the Supreme Court.
25        (2) Monitoring on a continual basis and evaluating
26    annually both the program and its fiscal activities in all



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1    counties receiving an allocation under the Redeploy
2    Illinois Program. Any program or service that has not met
3    the goals and objectives of its contract or service
4    agreement shall be subject to denial for funding in
5    subsequent years. The Department of Human Services shall
6    evaluate the effectiveness of the Redeploy Illinois
7    Program in each circuit or county. In determining the
8    future funding for the Redeploy Illinois Program under this
9    Act, the evaluation shall include, as a primary indicator
10    of success, a decreased number of confinement days for the
11    county's juvenile offenders.
12    (f) Any Redeploy Illinois Program allocations not applied
13for and approved by the Department of Human Services shall be
14available for redistribution to approved plans for the
15remainder of that fiscal year. Any county that invests local
16moneys in the Redeploy Illinois Program shall be given first
17consideration for any redistribution of allocations.
18Jurisdictions participating in Redeploy Illinois that exceed
19their agreed upon level of commitments to the Department of
20Juvenile Justice shall reimburse the Department of Corrections
21for each commitment above the agreed upon level.
22    (g) Implementation of Redeploy Illinois.
23        (1) Oversight of Redeploy Illinois.
24            (i) Redeploy Illinois Oversight Board. The
25        Department of Human Services shall convene an
26        oversight board to oversee the Redeploy Illinois



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1        Program. The Board shall include, but not be limited
2        to, designees from the Department of Juvenile Justice,
3        the Administrative Office of Illinois Courts, the
4        Illinois Juvenile Justice Commission, the Illinois
5        Criminal Justice Information Authority, the Department
6        of Children and Family Services, the State Board of
7        Education, the Cook County State's Attorney, and a
8        State's Attorney selected by the President of the
9        Illinois State's Attorney's Association, the Cook
10        County Public Defender, a representative of the
11        defense bar appointed by the Chief Justice of the
12        Illinois Supreme Court, a representative of probation
13        appointed by the Chief Justice of the Illinois Supreme
14        Court, and judicial representation appointed by the
15        Chief Justice of the Illinois Supreme Court. Up to an
16        additional 9 members may be appointed by the Secretary
17        of Human Services from recommendations by the
18        Oversight Board; these appointees shall possess a
19        knowledge of juvenile justice issues and reflect the
20        collaborative public/private relationship of Redeploy
21        programs.
22            (ii) Responsibilities of the Redeploy Illinois
23        Oversight Board. The Oversight Board shall:
24                (A) Identify jurisdictions to be included in
25            the program of Redeploy Illinois.
26                (B) Develop a formula for reimbursement of



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1            local jurisdictions for local and community-based
2            services utilized in lieu of commitment to the
3            Department of Juvenile Justice, as well as for any
4            charges for local jurisdictions for commitments
5            above the agreed upon limit in the approved plan.
6                (C) Identify resources sufficient to support
7            the administration and evaluation of Redeploy
8            Illinois.
9                (D) Develop a process and identify resources
10            to support on-going monitoring and evaluation of
11            Redeploy Illinois.
12                (E) Develop a process and identify resources
13            to support training on Redeploy Illinois.
14                (E-5) Review proposed individualized
15            agreements and approve where appropriate the
16            distribution of resources.
17                (F) Report to the Governor and the General
18            Assembly on an annual basis on the progress of
19            Redeploy Illinois.
20            (iii) Length of Planning Phase. The planning phase
21        may last up to, but may in no event last longer than,
22        July 1, 2004.
23        (2) (Blank).
24        (3) There shall be created the Redeploy County Review
25    Committee composed of the designees of the Secretary of
26    Human Services and the Directors of Juvenile Justice, of



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1    Children and Family Services, and of the Governor's Office
2    of Management and Budget who shall constitute a
3    subcommittee of the Redeploy Illinois Oversight Board.
4    (h) Responsibilities of the County Review Committee. The
5County Review Committee shall:
6        (1) Review individualized agreements from counties
7    requesting resources on an occasional basis for services
8    for youth described in subsection (d-5).
9        (2) Report its decisions to the Redeploy Illinois
10    Oversight Board at regularly scheduled meetings.
11        (3) Monitor the effectiveness of the resources in
12    meeting the mandates of the Redeploy Illinois program set
13    forth in this Section so these results might be included in
14    the Report described in clause (g)(1)(ii)(F).
15        (4) During the third quarter, assess the amount of
16    remaining funds available and necessary to complete the
17    fiscal year so that any unused funds may be distributed as
18    defined in subsection (f).
19        (5) Ensure that the number of youth from any applicant
20    county receiving individualized resources will not exceed
21    the previous three-year average of Redeploy eligible
22    recipients and that counties are in conformity with all
23    other elements of this law.
24    (i) Implementation of this Section is subject to
26    (j) Rulemaking authority to implement this amendatory Act



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1of the 95th General Assembly, if any, is conditioned on the
2rules being adopted in accordance with all provisions of and
3procedures and rules implementing the Illinois Administrative
4Procedure Act; any purported rule not so adopted, for whatever
5reason, is unauthorized.
6(Source: P.A. 94-696, eff. 6-1-06; 94-1032, eff. 1-1-07;
795-1050, eff. 1-1-10.)