093_SB0389

 
                                     LRB093 03572 RLC 03601 b

 1        AN ACT in relation to criminal law.

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

 4        Section 5.  The Probation and Probation Officers  Act  is
 5    amended by changing Section 15 as follows:

 6        (730 ILCS 110/15) (from Ch. 38, par. 204-7)
 7        Sec. 15.  (1) The Supreme Court of Illinois may establish
 8    a  Division  of Probation Services whose purpose shall be the
 9    development, establishment, promulgation, and enforcement  of
10    uniform  standards  for probation services in this State, and
11    to otherwise carry out the intent of this Act.  The  Division
12    may:
13             (a)  establish  qualifications  for  chief probation
14        officers and other probation and court services personnel
15        as to hiring, promotion, and training.
16             (b)  make available, on a  timely  basis,  lists  of
17        those    applicants   whose   qualifications   meet   the
18        regulations referred to herein, including on  said  lists
19        all candidates found qualified.
20             (c)  establish  a  means of verifying the conditions
21        for reimbursement under this Act and develop criteria for
22        approved costs for reimbursement.
23             (d)  develop   standards   and   approve    employee
24        compensation  schedules  for probation and court services
25        departments.
26             (e)  employ sufficient personnel in the Division  to
27        carry out the functions of the Division.
28             (f)  establish  a  system  of training and establish
29        standards for personnel orientation and training.
30             (g)  develop  standards  for  a  system  of   record
31        keeping   for  cases  and  programs,  gather  statistics,
 
                            -2-      LRB093 03572 RLC 03601 b
 1        establish a system of uniform forms, and develop research
 2        for planning of Probation Services.
 3             (h)  develop standards to  assure  adequate  support
 4        personnel,  office  space, equipment and supplies, travel
 5        expenses,  and  other  essential  items   necessary   for
 6        Probation  and  Court  Services  Departments to carry out
 7        their duties.
 8             (i)  review and approve annual  plans  submitted  by
 9        Probation and Court Services Departments.
10             (j)  monitor  and  evaluate all programs operated by
11        Probation and Court Services Departments, and may include
12        in the program evaluation criteria such  factors  as  the
13        percentage of Probation sentences for felons convicted of
14        Probationable offenses.
15             (k)  seek   the   cooperation  of  local  and  State
16        government and private agencies to improve the quality of
17        probation and court services.
18             (l)  where  appropriate,  establish   programs   and
19        corresponding standards designed to generally improve the
20        quality  of  probation  and court services and reduce the
21        rate of adult or  juvenile  offenders  committed  to  the
22        Department of Corrections.
23             (m)  establish  such other standards and regulations
24        and do all acts necessary to carry  out  the  intent  and
25        purposes of this Act.
26        The  Division  shall establish a model list of structured
27    intermediate sanctions that may be  imposed  by  a  probation
28    agency  for  violations of terms and conditions of a sentence
29    of probation, conditional discharge, or supervision.
30        The State of Illinois shall  provide  for  the  costs  of
31    personnel,  travel,  equipment,  telecommunications, postage,
32    commodities, printing, space, contractual services and  other
33    related costs necessary to carry out the intent of this Act.
34        (2) (a)  The  chief  judge  of each circuit shall provide
 
                            -3-      LRB093 03572 RLC 03601 b
 1    full-time probation services  for  all  counties  within  the
 2    circuit,  in  a  manner  consistent with the annual probation
 3    plan, the standards, policies, and regulations established by
 4    the Supreme Court.  A  probation  district  of  two  or  more
 5    counties  within a circuit may be created for the purposes of
 6    providing full-time probation services. Every county or group
 7    of counties within  a  circuit  shall  maintain  a  probation
 8    department  which  shall  be under the authority of the Chief
 9    Judge of the circuit or some other judge  designated  by  the
10    Chief Judge. The Chief Judge, through the Probation and Court
11    Services Department shall submit annual plans to the Division
12    for probation and related services.
13        (b)  The  Chief  Judge  of each circuit shall appoint the
14    Chief Probation Officer and all other probation officers  for
15    his  or  her  circuit  from  lists  of  qualified  applicants
16    supplied  by the Supreme Court. Candidates for chief managing
17    officer and other probation officer positions must apply with
18    both the Chief Judge of the circuit and the Supreme Court.
19        (3)  A Probation and Court Service Department shall apply
20    to the Supreme Court for funds for basic  services,  and  may
21    apply   for   funds   for   new   and  expanded  programs  or
22    Individualized  Services  and  Programs.   Costs   shall   be
23    reimbursed monthly based on a plan and budget approved by the
24    Supreme  Court.  No  Department  may  be reimbursed for costs
25    which exceed or are not provided for in the  approved  annual
26    plan  and budget. After the effective date of this amendatory
27    Act of 1985, each  county  must  provide  basic  services  in
28    accordance  with the annual plan and standards created by the
29    division. No department may receive funds for new or expanded
30    programs or individualized services and programs unless  they
31    are  in  compliance with standards as enumerated in paragraph
32    (h) of subsection (1) of this Section, the annual  plan,  and
33    standards for basic services.
34        (4)  The  Division shall reimburse the county or counties
 
                            -4-      LRB093 03572 RLC 03601 b
 1    for probation services as follows:
 2             (a)  100%  of  the  salary  of  all  chief  managing
 3        officers designated as such by the Chief  Judge  and  the
 4        division.
 5             (b)  100%  of  the  salary for all probation officer
 6        and supervisor positions approved  for  reimbursement  by
 7        the  division  after  April  1,  1984,  to  meet workload
 8        standards  and  to  implement  intensive   sanction   and
 9        probation  supervision  programs and other basic services
10        as defined in this Act.
11             (c)  100% of the salary  for  all  secure  detention
12        personnel  and  non-secure  group home personnel approved
13        for reimbursement after December 1, 1990.  For  all  such
14        positions  approved  for reimbursement before December 1,
15        1990, the counties shall be reimbursed $1,250  per  month
16        beginning  July 1, 1995, and an additional $250 per month
17        beginning each July 1st thereafter  until  the  positions
18        receive  100%  salary  reimbursement.  Allocation of such
19        positions will be based on comparative  need  considering
20        capacity,   staff/resident   ratio,  physical  plant  and
21        program.
22             (d)  $1,000 per month for salaries for the remaining
23        probation officer positions engaged in basic services and
24        new or expanded services. All  such  positions  shall  be
25        approved  by the division in accordance with this Act and
26        division standards.
27             (e)  100% of the travel expenses in accordance  with
28        Division  standards  for all Probation positions approved
29        under paragraph (b) of subsection 4 of this Section.
30             (f)  If the amount of funds reimbursed to the county
31        under paragraphs (a) through (e) of subsection 4 of  this
32        Section  on  an  annual basis is less than the amount the
33        county  had  received  during   the   12   month   period
34        immediately   prior   to   the  effective  date  of  this
 
                            -5-      LRB093 03572 RLC 03601 b
 1        amendatory Act of 1985, then the Division shall reimburse
 2        the amount of the difference to the county. The effect of
 3        paragraph (b) of subsection 7 of this  Section  shall  be
 4        considered     in    implementing    this    supplemental
 5        reimbursement provision.
 6        (5)  The Division shall provide funds beginning on  April
 7    1,  1987  for the counties to provide Individualized Services
 8    and Programs as provided in Section 16 of this Act.
 9        (6)  A Probation and Court Services Department  in  order
10    to  be  eligible  for  the  reimbursement  must submit to the
11    Supreme Court an application containing such information  and
12    in  such  a  form  and by such dates as the Supreme Court may
13    require. Departments to be eligible for funding must  satisfy
14    the following conditions:
15             (a)  The  Department  shall  have  on  file with the
16        Supreme Court an annual Probation  plan  for  continuing,
17        improved,  and  new Probation and Court Services Programs
18        approved by the Supreme Court or its designee. This  plan
19        shall  indicate  the  manner in which Probation and Court
20        Services will be delivered and improved, consistent  with
21        the  minimum  standards and regulations for Probation and
22        Court Services, as established by the Supreme  Court.  In
23        counties  with more than one Probation and Court Services
24        Department eligible to  receive  funds,  all  Departments
25        within  that  county must submit plans which are approved
26        by the Supreme Court.
27             (b)  The  annual  probation  plan  shall   seek   to
28        generally  improve  the quality of probation services and
29        to reduce the commitment of adult and juvenile  offenders
30        to  the Department of Corrections and shall require, when
31        appropriate,  coordination   with   the   Department   of
32        Corrections  and  the  Department  of Children and Family
33        Services  in  the  development  and  use   of   community
34        resources,   information   systems,   case   review   and
 
                            -6-      LRB093 03572 RLC 03601 b
 1        permanency  planning  systems to avoid the duplication of
 2        services.
 3             (c)  The Department  shall  be  in  compliance  with
 4        standards  developed  by the Supreme Court for basic, new
 5        and expanded services,  training,  personnel  hiring  and
 6        promotion.
 7             (d)  The   Department   shall  in  its  annual  plan
 8        indicate the manner in which it will support  the  rights
 9        of  crime  victims  and in which manner it will implement
10        Article I, Section 8.1 of the Illinois  Constitution  and
11        in  what manner it will coordinate crime victims' support
12        services with other criminal justice agencies within  its
13        jurisdiction,  including  but not limited to, the State's
14        Attorney,  the   Sheriff   and   any   municipal   police
15        department.
16        (7)  No  statement shall be verified by the Supreme Court
17    or its designee or vouchered by the Comptroller  unless  each
18    of the following conditions have been met:
19             (a)  The  probation  officer is a full-time employee
20        appointed  by  the  Chief  Judge  to  provide   probation
21        services.
22             (b)  The  probation officer, in order to be eligible
23        for State reimbursement, is  receiving  a  salary  of  at
24        least $17,000 per year.
25             (c)  The  probation  officer  is  appointed  or  was
26        reappointed  in accordance with minimum qualifications or
27        criteria established by the Supreme Court;  however,  all
28        probation  officers  appointed  prior to January 1, 1978,
29        shall  be  exempted   from   the   minimum   requirements
30        established  by the Supreme Court. Payments shall be made
31        to counties employing these exempted  probation  officers
32        as  long as they are employed in the position held on the
33        effective  date  of  this   amendatory   Act   of   1985.
34        Promotions  shall  be  governed by minimum qualifications
 
                            -7-      LRB093 03572 RLC 03601 b
 1        established by the Supreme Court.
 2             (d)  The Department has an established  compensation
 3        schedule  approved by the Supreme Court. The compensation
 4        schedule  shall  include  salary  ranges  with  necessary
 5        increments to compensate each  employee.  The  increments
 6        shall, within the salary ranges, be based on such factors
 7        as  bona  fide  occupational qualifications, performance,
 8        and length of service. Each position  in  the  Department
 9        shall be placed on the compensation schedule according to
10        job  duties  and  responsibilities  of such position. The
11        policy and procedures of the compensation schedule  shall
12        be made available to each employee.
13        (8)  In   order  to  obtain  full  reimbursement  of  all
14    approved costs, each Department must continue  to  employ  at
15    least  the  same  number  of probation officers and probation
16    managers as were authorized for  employment  for  the  fiscal
17    year  which  includes  January  1, 1985. This number shall be
18    designated as the base amount of the Department. No positions
19    approved by the Division under paragraph (b) of subsection  4
20    will  be  included  in the base amount. In the event that the
21    Department employs fewer  Probation  officers  and  Probation
22    managers  than  the  base  amount  for  a  period of 90 days,
23    funding received by the Department under subsection 4 of this
24    Section may be reduced on a monthly basis by  the  amount  of
25    the current salaries of any positions below the base amount.
26        (9)  Before  the 15th day of each month, the treasurer of
27    any  county  which  has  a  Probation  and   Court   Services
28    Department,  or the treasurer of the most populous county, in
29    the case of a Probation or Court Services  Department  funded
30    by  more  than one county, shall submit an itemized statement
31    of all approved costs  incurred  in  the  delivery  of  Basic
32    Probation  and  Court  Services under this Act to the Supreme
33    Court. The treasurer may also submit an itemized statement of
34    all approved costs  incurred  in  the  delivery  of  new  and
 
                            -8-      LRB093 03572 RLC 03601 b
 1    expanded   Probation   and   Court   Services   as   well  as
 2    Individualized Services and Programs. The  Supreme  Court  or
 3    its  designee  shall  verify compliance with this Section and
 4    shall examine and  audit  the  monthly  statement  and,  upon
 5    finding  them  to  be  correct,  shall  forward  them  to the
 6    Comptroller for payment to the county treasurer. In the  case
 7    of  payment  to  a  treasurer  of  a county which is the most
 8    populous of counties sharing the salary  and  expenses  of  a
 9    Probation  and Court Services Department, the treasurer shall
10    divide the money  between  the  counties  in  a  manner  that
11    reflects  each  county's  share  of  the cost incurred by the
12    Department.
13        (10)  The  county  treasurer  must  certify  that   funds
14    received  under this Section shall be used solely to maintain
15    and improve Probation  and  Court  Services.  The  county  or
16    circuit  shall  remain  in  compliance  with  all  standards,
17    policies and regulations established by the Supreme Court. If
18    at  any  time  the  Supreme Court determines that a county or
19    circuit  is  not  in  compliance,  the  Supreme  Court  shall
20    immediately notify the Chief Judge, county board chairman and
21    the Director of Court Services Chief  Probation  Officer.  If
22    after  90  days  of  written  notice  the noncompliance still
23    exists, the Supreme Court shall be  required  to  reduce  the
24    amount  of  monthly  reimbursement  by 10%. An additional 10%
25    reduction of  monthly  reimbursement  shall  occur  for  each
26    consecutive  month  of  noncompliance.  Except as provided in
27    subsection  5  of  Section  15,  funding  to  counties  shall
28    commence on April 1, 1986.  Funds  received  under  this  Act
29    shall  be  used  to provide for Probation Department expenses
30    including those required under Section 13 of this Act.
31        (11)  The respective counties shall  be  responsible  for
32    capital  and  space  costs,  fringe benefits, clerical costs,
33    equipment,  telecommunications,  postage,   commodities   and
34    printing.
 
                            -9-      LRB093 03572 RLC 03601 b
 1        (12)  Probation   officers   shall  be  considered  peace
 2    officers in the exercise of their official duties.  Probation
 3    officers,  sheriffs  and police officers may, anywhere within
 4    the State, arrest any probationer who is in violation of  any
 5    of  the conditions of his probation, and it shall be the duty
 6    of the officer making such arrest to  take  said  probationer
 7    before  the  Court  having  jurisdiction over him for further
 8    order.
 9        (13)  Each probation officer shall receive such continued
10    education and training as determined  by  the  Administrative
11    Office of the Illinois Courts.
12    (Source:  P.A.  89-198,  eff.  7-21-95; 89-390, eff. 8-20-95;
13    89-626, eff. 8-9-96.)