Illinois General Assembly - Full Text of Public Act 093-0641
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Public Act 093-0641


Public Act 93-0641 of the 93rd General Assembly

Public Act 93-0641

HB2545 Re-Enrolled                   LRB093 04711 RLC 11062 b

    AN ACT in relation to juvenile offenders,  which  may  be
referred to as the Redeploy Illinois Program amendments.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5. The Probation and Probation  Officers  Act  is
amended by adding Section 16.1 as follows:

    (730 ILCS 110/16.1 new)
    Sec. 16.1. Redeploy Illinois Program.
    (a)  The  purpose  of  this  Section  is to encourage the
deinstitutionalization  of  juvenile  offenders  establishing
pilot  projects  in  counties  or  groups  of  counties  that
reallocate State funds from juvenile correctional confinement
to local jurisdictions, which will establish a  continuum  of
local,  community-based  sanctions and treatment alternatives
for juvenile offenders who would  be  incarcerated  if  those
local  services and sanctions did not exist. The allotment of
funds  will  be  based  on  a  formula  that  rewards   local
jurisdictions  for  the  establishment  or expansion of local
alternatives to incarceration, and requires them to  pay  for
utilization of incarceration as a sanction. This redeployment
of  funds  shall  be  made  in  a  manner consistent with the
Juvenile Court Act of 1987 and  the  following  purposes  and
         (1)  The  juvenile justice system should protect the
    community,   impose   accountability   to   victims   and
    communities for violations of  law,  and  equip  juvenile
    offenders  with  competencies  to  live  responsibly  and
         (2)   Juveniles  should  be  treated  in  the  least
    restrictive manner possible while maintaining the  safety
    of the community.
         (3) A continuum of services and sanctions from least
    restrictive  to  most  restrictive should be available in
    every community.
         (4)  There  should  be  local   responsibility   and
    authority  for  planning,  organizing,  and  coordinating
    service   resources  in  the  community.  People  in  the
    community can best  choose  a  range  of  services  which
    reflect  community values and meet the needs of their own
         (5) Juveniles who pose a threat to the community  or
    themselves  need special care, including secure settings.
    Such services as detention, long-term  incarceration,  or
    residential  treatment  are too costly to provide in each
    community and should be coordinated  and  provided  on  a
    regional or Statewide basis.
         (6)  The  roles  of  State  and  local government in
    creating  and  maintaining  services  to  youth  in   the
    juvenile  justice  system  should be clearly defined. The
    role of the State is to fund services, set  standards  of
    care,   train   service   providers,   and   monitor  the
    integration and coordination of  services.  The  role  of
    local  government  should  be to oversee the provision of
    (b) Each county or circuit  participating  in  the  pilot
program  must  create  a local plan demonstrating how it will
reduce  the  county  or  circuit's  utilization   of   secure
confinement  of juvenile offenders in the Illinois Department
of Corrections or county detention centers by the creation or
expansion of individualized services  or  programs  that  may
include but are not limited to the following:
         (1)  Assessment  and  evaluation services to provide
    the juvenile justice system with accurate  individualized
    case  information  on  each  juvenile  offender including
    mental health, substance abuse, educational,  and  family
         (2) Direct services to individual juvenile offenders
    including   educational,   vocational,   mental   health,
    substance  abuse,  supervision, and service coordination;
         (3) Programs that seek to restore  the  offender  to
    the  community,  such  as  victim  offender  panels, teen
    courts,  competency  building,  enhanced   accountability
    measures,  restitution,  and community service. The local
    plan must be directed in such a manner as to emphasize an
    individualized approach to providing services to juvenile
    offenders  in  an  integrated  community   based   system
    including  probation  as the broker of services. The plan
    must also detail the reduction in utilization  of  secure
    confinement.  The local plan shall be limited to services
    and shall not include costs for:
              (i) capital expenditures;
              (ii) renovations or remodeling;
              (iii) personnel costs for probation.
    The local plan shall be submitted to  the  Department  of
Human Services.
    (c)  A  county  or  group  of  counties  may  develop  an
agreement  with  the  Department  of Human Services to reduce
their number of commitments of juvenile offenders,  excluding
minors  sentenced  based  upon  a  finding  of guilt of first
degree murder or an offense  which  is  a  Class  X  forcible
felony  as  defined  in  the  Criminal  Code  of 1961, to the
Department of  Corrections,  and  then  use  the  savings  to
develop  local programming for youth who would otherwise have
been committed to the Department of Corrections.  The  county
or  group  of counties shall agree to limit their commitments
to 75% of the level of commitments from the average number of
juvenile commitments for the past 3 years, and  will  receive
the  savings  to redeploy for local programming for juveniles
who would otherwise be held  in  confinement.  The  agreement
shall set forth the following:
         (1)  a  Statement of the number and type of juvenile
    offenders  from  the  county  who  were  held  in  secure
    confinement by the Illinois Department of Corrections  or
    in county detention the previous year, and an explanation
    of  which,  and  how  many,  of  these offenders might be
    served through the proposed Redeploy Illinois Program for
    which the funds shall be used;
         (2) a Statement of the service  needs  of  currently
    confined juveniles;
         (3) a Statement of the type of services and programs
    to  provide  for  the  individual  needs  of the juvenile
    offenders,  and  the  research  or  evidence  base   that
    qualifies  those  services  and  programs  as  proven  or
    promising practices;
         (4) a budget indicating the costs of each service or
    program to be funded under the plan;
         (5)  a  summary  of contracts and service agreements
    indicating the treatment goals  and  number  of  juvenile
    offenders to be served by each service provider; and
         (6)   a   Statement  indicating  that  the  Redeploy
    Illinois Program will not duplicate existing services and
    programs. Funds for this plan shall not supplant existing
    county funded programs.
    (d) (Blank).
    (e) The Department of Human Services shall be responsible
for the following:
         (1) Reviewing each Redeploy  Illinois  Program  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 Court.
         (2) Monitoring on a continual basis  and  evaluating
    annually  both  the  program and its fiscal activities in
    all counties receiving an allocation under  the  Redeploy
    Illinois Program. Any program or service that has not met
    the  goals  and  objectives  of  its  contract or service
    agreement shall be  subject  to  denial  for  funding  in
    subsequent  years. The Department of Human Services shall
    evaluate  the  effectiveness  of  the  Redeploy  Illinois
    Program in each circuit or  county.  In  determining  the
    future  funding  for  the Redeploy Illinois Program under
    this Act, the evaluation  shall  include,  as  a  primary
    indicator  of  success, a decreased number of confinement
    days for the county's juvenile offenders.
    (f) Any Redeploy Illinois Program allocations not applied
for and approved by the Department of Human Services shall be
available  for  redistribution  to  approved  plans  for  the
remainder of that fiscal year. Any county that invests  local
moneys  in the Redeploy Illinois Program shall be given first
consideration  for   any   redistribution   of   allocations.
Jurisdictions  participating in Redeploy Illinois that exceed
their agreed upon level of commitments to the  Department  of
Corrections shall reimburse the Department of Corrections for
each commitment above the agreed upon level.
    (g) Implementation of Redeploy Illinois.
         (1)  Planning Phase.
    (i)  Redeploy Illinois Oversight Board. The Department of
Human  Services  shall  convene an oversight board to develop
plans for a pilot Redeploy Illinois Program. The Board  shall
include, but not be limited to, designees from the Department
of Corrections, the Administrative Office of Illinois Courts,
the   Illinois  Juvenile  Justice  Commission,  the  Illinois
Criminal Justice Information  Authority,  the  Department  of
Children  and  Family Services, the State Board of Education,
the Cook County State's  Attorney,  and  a  State's  Attorney
selected  by the President of the Illinois State's Attorney's
              (ii)  Responsibilities of the Redeploy Illinois
         Oversight Board. The Oversight Board shall:
              (A)  Identify jurisdictions to  be  invited  in
         the initial pilot program of Redeploy Illinois.
              (B)  Develop  a  formula  for  reimbursement of
         local jurisdictions for  local  and  community-based
         services  utilized  in  lieu  of  commitment  to the
         Department  of  Corrections,  as  well  as  for  any
         charges  for  local  jurisdictions  for  commitments
         above the agreed upon limit in the approved plan.
              (C) Identify resources  sufficient  to  support
         the   administration   and  evaluation  of  Redeploy
              (D) Develop a process and identify resources to
         support  on-going  monitoring  and   evaluation   of
         Redeploy Illinois.
              (E) Develop a process and identify resources to
         support training on Redeploy Illinois.
              (F)  Report  to  the  Governor  and the General
         Assembly on an  annual  basis  on  the  progress  of
         Redeploy Illinois.
         (iii)  Length  of Planning Phase. The planning phase
    may last up to, but may in no  event  last  longer  than,
    July 1, 2004.
         (2) Pilot Phase. In the second phase of the Redeploy
    Illinois  program, the Department of Human Services shall
    implement several pilot programs of Redeploy Illinois  in
    counties  or  groups  of  counties  as  identified by the
    Oversight Board. Annual review of the  Redeploy  Illinois
    program    by   the   Oversight   Board   shall   include
    recommendations for future sites for Redeploy Illinois.

    Section 99. Effective date. This Act  takes  effect  upon
becoming law.

Effective Date: 12/31/03