|
|
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 |
productively.
|
(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
|
information;
|
(2) Direct services to individual juvenile
offenders |
including educational, vocational, mental
health, |
substance abuse, supervision, and service
coordination; |
and
|
(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 |
Illinois.
|
(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.) |