(730 ILCS 110/16)
(from Ch. 38, par. 204-8)
(1) The purpose of the Section is to encourage the
development of a coordinated justice system. It is the legislative policy
of the State to more effectively protect society, to promote efficiency and
economy in the delivery of services to offenders and to encourage
utilization of appropriate sentencing alternatives to imprisonment in State
operated institutions. This Section shall be construed to support the
development of local individualized programs which will:
(a) Provide a continuum of sanctions to increase sentencing options to
the judiciary of the State;
(b) Enable the Courts to utilize programs which enhance the offender's
ability to become a contributing member to his or her community and which
will increase the benefits to victims and the communities through restitution;
(c) Increase sentencing alternatives for less serious felony offenders
and delinquent juveniles in order to reserve prisons and jail beds for
serious violent offenders.
(2) Any local plan for implementation of individualized services and
programs may include but are not limited to the following:
(a) Direct offender services - those services applied directly to
offenders, including job readiness, educational, vocational, drug or
alcohol treatment services; and
(b) Nonresidential rehabilitation programs - those programs which
comprise a coordinated network within the justice system which expand
sentencing options for the judiciary, including drunk driver diversion
programs, public services employment, restitution collection; and
(c) Emergency services - including detoxification, emergency shelter
and support; and
(d) Assessment and evaluation services - reports or diagnostic
recommendations to provide the justice system with accurate individualized
case information, including mental health, drug, alcohol, and living
situation information; and
(e) Residential alternative sentencing programs - those programs which
provide expanded sentencing options for less serious felony offenders and
delinquent juveniles, including mother and child unification programs.
The local plan must be directed in such a manner as to emphasize an
individualized approach to servicing offenders in a strong community based
system including probation as the broker of services.
The local plan shall be limited to services and shall not include costs for:
(a) capital expenditures;
(b) renovations or remodeling;
(c) personnel costs for Probation.
(3) A county may make application to the Supreme Court for funds to
provide for Individualized Services and Programs.
The Department shall be in compliance with all standards and regulations
established by the Division for the delivery of basic Services and
application shall be part of the Department's annual Probation plan and
shall set forth the following:
(a) a statement of objectives for which said funds shall be used;
(b) a statement of service needs based upon persons under supervision
of the Department;
(c) a statement of the type of services and programs to provide for the
individual needs of offenders;
(d) a budget indicating the costs of each service or program to be
funded under the plan;
(e) a summary of contracts and service agreements indicating the treatment
goals and number of offenders to be served by each service provider; and
(f) a statement indicating that the individualized services and
programs will not be duplicating existing services and programs.
Funds for this plan shall not supplant existing county funded programs.
The allocation of payments for adult and juvenile services under the local
plan shall be based on the proportionate adult and juvenile workload of the
department or departments covered by the local plan.
(4) A county or group of counties shall be eligible to apply for an
amount of funding not to exceed the same proportionate share of total
appropriations for Individualized Services and Programs as the county or group
of counties received of total State reimbursements under subsection 4 of
Section 15 of this Act or previous Probation subsidy programs in the prior
State fiscal year. However the Supreme Court
may waive this limitation to encourage the participation of rural counties.
The Supreme Court
shall forward Individualized
Services and Programs allocations to the county treasurer as provided in
Section 15 of this Act. Each county shall receive, maintain, and
appropriate said funds in a separate line item account of the probation
department budget. In addition, the Supreme Court shall, upon approval
of the annual plan, forward 20% of the approved
Individualized Services and Programs allocations to the county treasurer to
be deposited in said line item account. Subsequent allocations shall be
made to the county on a monthly basis.
It shall be the responsibility of the county through the probation budget
and in accordance with county policy and procedure to make payments for
Individualized Services and Programs.
At the end of the State of Illinois fiscal year, the county shall
promptly return any uncommitted and unused funds from this account.
(5) The Supreme Court shall be responsible
for the following:
(a) The Supreme Court may review each Individualized Services and Programs
plan for compliance with standards established for such plans. A plan may
be approved as submitted, approved with modifications, or rejected. No plan
shall be considered for approval if the circuit or county is not in full
compliance with all regulations, standards and guidelines pertaining to the
delivery of basic probation services as established by the Supreme
(b) The Supreme Court shall monitor on
a continual basis and shall evaluate
annually both the program and its fiscal activities in all
an allocation under Individualized Services and Programs. Any program or
service which has not met the goals and objectives of its contract or
service agreement shall be subject to denial for funding in subsequent
years. The Supreme Court shall evaluate the
effectiveness of Individualized Services and Programs in each circuit
or county. In determining the future funding for Individualized
Services and Programs under this Act, such evaluation shall include, as a
primary indicator of success, an increased or maintained percentage of
probation sentences for felons convicted of probationable offenses.
(c) Any Individualized Services and Programs allocations not applied for
and approved by the Supreme Court shall be
available for redistribution to approved plans for the remainder of that
fiscal year. Any county that invests local moneys in the Individualized
Services and Programs shall be given first consideration for any
redistribution of allocations.
(Source: P.A. 86-639.)