Full Text of SB1145 94th General Assembly
SB1145sam001 94TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 3/28/2006
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LRB094 04840 RLC 57765 a |
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| AMENDMENT TO SENATE BILL 1145
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| AMENDMENT NO. ______. Amend Senate Bill 1145 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Probation and Probation Officers Act is | 5 |
| amended by changing Section 16.1 as follows: | 6 |
| (730 ILCS 110/16.1)
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| Sec. 16.1. Redeploy Illinois Program.
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| (a) The purpose of this Section is to encourage the
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| deinstitutionalization of juvenile offenders establishing
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| pilot projects in counties or groups of counties that
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| reallocate State funds from juvenile correctional confinement
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| to local jurisdictions, which will establish a continuum of
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| local, community-based sanctions and treatment alternatives
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| for juvenile offenders who would be incarcerated if those
local | 15 |
| services and sanctions did not exist. The allotment of
funds | 16 |
| will be based on a formula that rewards local
jurisdictions for | 17 |
| the establishment or expansion of local
alternatives to | 18 |
| incarceration, and requires them to pay for
utilization of | 19 |
| incarceration as a sanction. This redeployment
of funds shall | 20 |
| be made in a manner consistent with the
Juvenile Court Act of | 21 |
| 1987 and the following purposes and
policies:
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| (1) The juvenile justice system should protect the
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| community, impose accountability to victims and | 24 |
| communities for
violations of law,
and equip juvenile |
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| offenders with competencies to live
responsibly and | 2 |
| productively.
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| (2) Juveniles should be treated in the least
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| restrictive manner possible while maintaining the safety
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| of the community.
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| (3) A continuum of services and sanctions from
least | 7 |
| restrictive to most restrictive should be available
in | 8 |
| every community.
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| (4) There should be local responsibility and
authority | 10 |
| for planning, organizing, and coordinating
service | 11 |
| resources in the community. People in the
community can | 12 |
| best choose a range of services which
reflect community | 13 |
| values and meet the needs of their own
youth.
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| (5) Juveniles who pose a threat to the community or
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| themselves need special care, including secure settings.
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| Such services as detention, long-term incarceration, or
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| residential treatment are too costly to provide in each
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| community and should be coordinated and provided on a
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| regional or Statewide basis.
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| (6) The roles of State and local government in
creating | 21 |
| and maintaining services to youth in the
juvenile justice | 22 |
| system should be clearly defined. The
role of the State is | 23 |
| to fund services, set standards of
care, train service | 24 |
| providers, and monitor the
integration and coordination of | 25 |
| services. The role of
local government should be to oversee | 26 |
| the provision of
services.
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| (b) Each county or circuit participating in the pilot
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| program must create a local plan demonstrating how it will
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| reduce the county or circuit's utilization of secure
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| confinement of juvenile offenders in the Illinois Department
of | 31 |
| Juvenile Justice or county detention centers by the creation or
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| expansion of individualized services or programs that may
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| include but are not limited to the following:
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| (1) Assessment and evaluation services to provide
the |
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| juvenile justice system with accurate individualized
case | 2 |
| information on each juvenile offender including
mental | 3 |
| health, substance abuse, educational, and family
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| information;
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| (2) Direct services to individual juvenile
offenders | 6 |
| including educational, vocational, mental
health, | 7 |
| substance abuse, supervision, and service
coordination; | 8 |
| and
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| (3) Programs that seek to restore the offender to
the | 10 |
| community, such as victim offender panels, teen
courts, | 11 |
| competency building, enhanced accountability
measures, | 12 |
| restitution, and community service.
The local plan must be | 13 |
| directed in such a manner as to
emphasize an individualized | 14 |
| approach to providing services to
juvenile offenders in an | 15 |
| integrated community based system
including probation as | 16 |
| the broker of services. The plan must
also detail the | 17 |
| reduction in utilization of secure
confinement.
The local | 18 |
| plan shall be limited to services and shall not
include | 19 |
| costs for:
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| (i) capital expenditures;
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| (ii) renovations or remodeling;
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| (iii) personnel costs for probation.
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| The local plan shall be submitted to the Department of | 24 |
| Human
Services.
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| (c) A county or group of counties may develop an
agreement | 26 |
| with the Department of Human Services to reduce their
number of
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| commitments of juvenile offenders, excluding minors sentenced
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| based upon a finding of guilt of first degree murder or an | 29 |
| offense which is a
Class X forcible felony as defined in the | 30 |
| Criminal Code of 1961, to the
Department of
Juvenile Justice, | 31 |
| and then use the savings to develop local
programming for youth | 32 |
| who would otherwise have been committed
to the Department of | 33 |
| Juvenile Justice. A
The county or group of
counties with a | 34 |
| population less than 1,000,000 shall agree to limit their |
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| commitments to 75% of the
level of commitments from the average | 2 |
| number of juvenile
commitments for the past 3 years, and will | 3 |
| receive the
savings to redeploy for local programming for | 4 |
| juveniles who
would otherwise be held in confinement. Because | 5 |
| of successful strategies already employed, any county with a | 6 |
| decrease of juvenile commitments of at least 25% of its most | 7 |
| immediate 3-year average chosen to participate in Redeploy | 8 |
| Illinois shall negotiate with the Redeploy Illinois Oversight | 9 |
| Board the targeted percentage of future juvenile offender | 10 |
| commitment reductions outlined in its local plan. A county may | 11 |
| identify a part of the county or specific juvenile offenders as | 12 |
| the targeted population for its local plan. The agreement shall
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| set forth the following:
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| (1) a Statement of the number and type of juvenile
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| offenders from the county who were held in secure
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| confinement by the Illinois Department of Juvenile Justice | 17 |
| or
in county detention the previous year, and an | 18 |
| explanation
of which, and how many, of these offenders | 19 |
| might be
served through the proposed Redeploy Illinois | 20 |
| Program for
which the funds shall be used;
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| (2) a Statement of the service needs of currently
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| confined juveniles;
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| (3) a Statement of the type of services and
programs to | 24 |
| provide for the individual needs of the
juvenile offenders, | 25 |
| and the research or evidence base
that qualifies those | 26 |
| services and programs as proven or
promising practices;
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| (4) a budget indicating the costs of each service
or | 28 |
| program to be funded under the plan;
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| (5) a summary of contracts and service agreements
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| indicating the treatment goals and number of juvenile
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| offenders to be served by each service provider; and
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| (6) a Statement indicating that the Redeploy
Illinois | 33 |
| Program will not duplicate existing services and
programs. | 34 |
| Funds for this plan shall not supplant existing
county |
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| funded programs.
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| (d) (Blank).
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| (e) The Department of Human Services shall be responsible | 4 |
| for
the
following:
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| (1) Reviewing each Redeploy Illinois Program plan
for | 6 |
| compliance with standards established for such plans.
A | 7 |
| plan may be approved as submitted, approved with
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| modifications, or rejected. No plan shall be considered
for | 9 |
| approval if the circuit or county is not in full
compliance | 10 |
| with all regulations, standards and guidelines
pertaining | 11 |
| to the delivery of basic probation services as
established | 12 |
| by the Supreme Court.
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| (2) Monitoring on a continual basis and evaluating
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| annually both the program and its fiscal activities in
all | 15 |
| counties receiving an allocation under the Redeploy
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| Illinois Program. Any program or service that has not met
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| the goals and objectives of its contract or service
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| agreement shall be subject to denial for funding in
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| subsequent years. The Department of Human Services shall
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| evaluate the
effectiveness of the Redeploy Illinois | 21 |
| Program in each
circuit or county. In determining the | 22 |
| future funding for
the Redeploy Illinois Program under this | 23 |
| Act, the
evaluation shall include, as a primary indicator | 24 |
| of
success, a decreased number of confinement days for the
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| county's juvenile offenders.
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| (f) Any Redeploy Illinois Program allocations not
applied | 27 |
| for and approved by the Department of Human Services
shall be
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| available for redistribution to approved plans for the
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| remainder of that fiscal year. Any county that invests local
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| moneys in the Redeploy Illinois Program shall be given first
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| consideration for any redistribution of allocations. | 32 |
| Jurisdictions
participating in Redeploy Illinois that exceed | 33 |
| their agreed upon level of
commitments to the Department of | 34 |
| Juvenile Justice shall reimburse the
Department of Corrections |
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| for each commitment above the agreed upon
level.
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| (g) Implementation of Redeploy Illinois.
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| (1) Planning Phase.
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| (i) Redeploy Illinois Oversight Board. The | 5 |
| Department of Human Services
shall convene an | 6 |
| oversight board to develop plans for a pilot Redeploy
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| Illinois
Program. The Board shall include, but not be | 8 |
| limited to, designees from the
Department of Juvenile | 9 |
| Justice, the Administrative Office of Illinois Courts,
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| the Illinois
Juvenile Justice Commission, the Illinois | 11 |
| Criminal Justice Information
Authority,
the Department | 12 |
| of Children and Family Services, the State Board of | 13 |
| Education,
the
Cook County State's Attorney, and a | 14 |
| State's Attorney selected by the President
of the
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| Illinois State's Attorney's Association.
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| (ii) Responsibilities of the Redeploy Illinois | 17 |
| Oversight
Board. The Oversight Board shall:
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| (A) Identify jurisdictions to be invited in | 19 |
| the initial
pilot program of Redeploy Illinois.
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| (B) Develop a formula for reimbursement of | 21 |
| local
jurisdictions for local and community-based | 22 |
| services
utilized in lieu of commitment to the | 23 |
| Department of
Juvenile Justice, as well as for any | 24 |
| charges for local
jurisdictions for commitments | 25 |
| above the agreed upon
limit in the approved plan.
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| (C) Identify resources sufficient to support | 27 |
| the
administration and evaluation of Redeploy | 28 |
| Illinois.
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| (D) Develop a process and identify resources | 30 |
| to
support on-going monitoring and evaluation of
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| Redeploy Illinois.
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| (E) Develop a process and identify resources | 33 |
| to
support training on Redeploy Illinois.
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| (F) Report to the Governor and the General |
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| Assembly
on an annual basis on the progress of | 2 |
| Redeploy
Illinois.
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| (iii) Length of Planning Phase. The planning phase | 4 |
| may last
up to, but may in no event last longer than, | 5 |
| July 1, 2004.
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| (2) Pilot Phase. In the second phase of the Redeploy | 7 |
| Illinois
program, the Department of Human Services shall | 8 |
| implement
several pilot programs of Redeploy Illinois in | 9 |
| counties or groups of
counties as identified by the | 10 |
| Oversight Board. Annual review of
the Redeploy Illinois | 11 |
| program by the Oversight Board shall include
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| recommendations for future sites for Redeploy Illinois.
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| (Source: P.A. 93-641, eff. 12-31-03; 94-696, eff. 6-1-06.)".
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