Illinois General Assembly - Full Text of Public Act 094-1032
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Public Act 094-1032




Public Act 094-1032
SB1145 Enrolled LRB094 04840 RLC 34869 b

    AN ACT concerning criminal law.
    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 changing Section 16.1 as follows:
    (730 ILCS 110/16.1)
    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 policies:
        (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 youth.
        (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 services.
    (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
Juvenile Justice 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 Juvenile Justice,
and then use the savings to develop local programming for youth
who would otherwise have been committed to the Department of
Juvenile Justice. A 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. For any county or group of counties with a
decrease of juvenile commitments of at least 25%, based on the
average reductions of the prior 3 years, which are chosen to
participate or continue as pilot sites, the Redeploy Illinois
Oversight Board has the authority to reduce the required
percentage of future commitments to achieve the purpose of this
Section. 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 Juvenile Justice
    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
Juvenile Justice 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 Juvenile
        Justice, 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 Association.
            (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 Juvenile Justice, 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.
(Source: P.A. 93-641, eff. 12-31-03; 94-696, eff. 6-1-06.)

Effective Date: 1/1/2007