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Full Text of SB2899  97th General Assembly

SB2899eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probation and Probation Officers Act is
5amended by changing Section 16.1 as follows:
 
6    (730 ILCS 110/16.1)
7    Sec. 16.1. Redeploy Illinois Program.
8    (a) The purpose of this Section is to encourage the
9deinstitutionalization of juvenile offenders by establishing
10projects in counties or groups of counties that reallocate
11State funds from juvenile correctional confinement to local
12jurisdictions, which will establish a continuum of local,
13community-based sanctions and treatment alternatives for
14juvenile offenders who would be incarcerated if those local
15services and sanctions did not exist. It is also intended to
16offer alternatives, when appropriate, to avoid commitment to
17the Department of Juvenile Justice, to direct child welfare
18services for minors charged with a criminal offense or
19adjudicated delinquent under Section 5 of the Children and
20Family Services Act. The allotment of funds will be based on a
21formula that rewards local jurisdictions for the establishment
22or expansion of local alternatives to incarceration, and
23requires them to pay for utilization of incarceration as a

 

 

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1sanction. In addition, there shall be an allocation of
2resources (amount to be determined annually by the Redeploy
3Illinois Oversight Board) set aside at the beginning of each
4fiscal year to be made available for any county or groups of
5counties which need resources only occasionally for services to
6avoid commitment to the Department of Juvenile Justice for a
7limited number of youth. This redeployment of funds shall be
8made in a manner consistent with the Juvenile Court Act of 1987
9and the following purposes and policies:
10        (1) The juvenile justice system should protect the
11    community, impose accountability to victims and
12    communities for violations of law, and equip juvenile
13    offenders with competencies to live responsibly and
14    productively.
15        (2) Juveniles should be treated in the least
16    restrictive manner possible while maintaining the safety
17    of the community.
18        (3) A continuum of services and sanctions from least
19    restrictive to most restrictive should be available in
20    every community.
21        (4) There should be local responsibility and authority
22    for planning, organizing, and coordinating service
23    resources in the community. People in the community can
24    best choose a range of services which reflect community
25    values and meet the needs of their own youth.
26        (5) Juveniles who pose a threat to the community or

 

 

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1    themselves need special care, including secure settings.
2    Such services as detention, long-term incarceration, or
3    residential treatment are too costly to provide in each
4    community and should be coordinated and provided on a
5    regional or Statewide basis.
6        (6) The roles of State and local government in creating
7    and maintaining services to youth in the juvenile justice
8    system should be clearly defined. The role of the State is
9    to fund services, set standards of care, train service
10    providers, and monitor the integration and coordination of
11    services. The role of local government should be to oversee
12    the provision of services.
13    (b) Each county or circuit participating in the Redeploy
14Illinois program must create a local plan demonstrating how it
15will reduce the county or circuit's utilization of secure
16confinement of juvenile offenders in the Illinois Department of
17Juvenile Justice or county detention centers by the creation or
18expansion of individualized services or programs that may
19include but are not limited to the following:
20        (1) Assessment and evaluation services to provide the
21    juvenile justice system with accurate individualized case
22    information on each juvenile offender including mental
23    health, substance abuse, educational, and family
24    information;
25        (2) Direct services to individual juvenile offenders
26    including educational, vocational, mental health,

 

 

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1    substance abuse, supervision, and service coordination;
2    and
3        (3) Programs that seek to restore the offender to the
4    community, such as victim offender panels, teen courts,
5    competency building, enhanced accountability measures,
6    restitution, and community service. The local plan must be
7    directed in such a manner as to emphasize an individualized
8    approach to providing services to juvenile offenders in an
9    integrated community based system including probation as
10    the broker of services. The plan must also detail the
11    reduction in utilization of secure confinement. The local
12    plan shall be limited to services and shall not include
13    costs for:
14            (i) capital expenditures;
15            (ii) renovations or remodeling;
16            (iii) personnel costs for probation.
17    The local plan shall be submitted to the Department of
18Human Services.
19    (c) A county or group of counties may develop an agreement
20with the Department of Human Services to reduce their number of
21commitments of juvenile offenders, excluding minors sentenced
22based upon a finding of guilt of first degree murder or an
23offense which is a Class X forcible felony as defined in the
24Criminal Code of 1961, to the Department of Juvenile Justice,
25and then use the savings to develop local programming for youth
26who would otherwise have been committed to the Department of

 

 

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1Juvenile Justice. A county or group of counties shall agree to
2limit their commitments to 75% of the level of commitments from
3the average number of juvenile commitments for the past 3
4years, and will receive the savings to redeploy for local
5programming for juveniles who would otherwise be held in
6confinement. For any county or group of counties with a
7decrease of juvenile commitments of at least 25%, based on the
8average reductions of the prior 3 years, which are chosen to
9participate or continue as sites, the Redeploy Illinois
10Oversight Board has the authority to reduce the required
11percentage of future commitments to achieve the purpose of this
12Section. The agreement shall set forth the following:
13        (1) a Statement of the number and type of juvenile
14    offenders from the county who were held in secure
15    confinement by the Illinois Department of Juvenile Justice
16    or in county detention the previous year, and an
17    explanation of which, and how many, of these offenders
18    might be served through the proposed Redeploy Illinois
19    Program for which the funds shall be used;
20        (2) a Statement of the service needs of currently
21    confined juveniles;
22        (3) a Statement of the type of services and programs to
23    provide for the individual needs of the juvenile offenders,
24    and the research or evidence base that qualifies those
25    services and programs as proven or promising practices;
26        (4) a budget indicating the costs of each service or

 

 

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1    program to be funded under the plan;
2        (5) a summary of contracts and service agreements
3    indicating the treatment goals and number of juvenile
4    offenders to be served by each service provider; and
5        (6) a Statement indicating that the Redeploy Illinois
6    Program will not duplicate existing services and programs.
7    Funds for this plan shall not supplant existing county
8    funded programs.
9    In a county with a population exceeding 2,000,000, the
10Redeploy Illinois Oversight Board may authorize the Department
11of Human Services to enter into an agreement with that county
12to reduce the number of commitments by the same percentage as
13is required by this Section of other counties, and with all of
14the same requirements of this Act, including reporting and
15evaluation, except that the agreement may encompass a clearly
16identifiable geographical subdivision of that county. The
17geographical subdivision may include, but is not limited to, a
18police district or group of police districts, a geographical
19area making up a court calendar or group of court calendars, a
20municipal district or group of municipal districts, or a
21municipality or group of municipalities.
22    (d) (Blank).
23    (d-5) A county or group of counties that does not have an
24approved Redeploy Illinois program, as described in subsection
25(b), and that has committed fewer than 10 Redeploy eligible
26youth to the Department of Juvenile Justice on average over the

 

 

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1previous 3 years, may develop an individualized agreement with
2the Department of Human Services through the Redeploy Illinois
3program to provide services to youth to avoid commitment to the
4Department of Juvenile Justice. The agreement shall set forth
5the following:
6        (1) a statement of the number and type of juvenile
7    offenders from the county who were at risk under any of the
8    categories listed above during the 3 previous years, and an
9    explanation of which of these offenders would be served
10    through the proposed Redeploy Illinois program for which
11    the funds shall be used, or through individualized
12    contracts with existing Redeploy programs in neighboring
13    counties;
14        (2) a statement of the service needs;
15        (3) a statement of the type of services and programs to
16    provide for the individual needs of the juvenile offenders,
17    and the research or evidence that qualifies those services
18    and programs as proven or promising practices;
19        (4) a budget indicating the costs of each service or
20    program to be funded under the plan;
21        (5) a summary of contracts and service agreements
22    indicating the treatment goals and number of juvenile
23    offenders to be served by each service provider; and
24        (6) a statement indicating that the Redeploy Illinois
25    program will not duplicate existing services and programs.
26    Funds for this plan shall not supplant existing county

 

 

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1    funded programs.
2    (e) The Department of Human Services shall be responsible
3for the following:
4        (1) Reviewing each Redeploy Illinois Program plan for
5    compliance with standards established for such plans. A
6    plan may be approved as submitted, approved with
7    modifications, or rejected. No plan shall be considered for
8    approval if the circuit or county is not in full compliance
9    with all regulations, standards and guidelines pertaining
10    to the delivery of basic probation services as established
11    by the Supreme Court.
12        (2) Monitoring on a continual basis and evaluating
13    annually both the program and its fiscal activities in all
14    counties receiving an allocation under the Redeploy
15    Illinois Program. Any program or service that has not met
16    the goals and objectives of its contract or service
17    agreement shall be subject to denial for funding in
18    subsequent years. The Department of Human Services shall
19    evaluate the effectiveness of the Redeploy Illinois
20    Program in each circuit or county. In determining the
21    future funding for the Redeploy Illinois Program under this
22    Act, the evaluation shall include, as a primary indicator
23    of success, a decreased number of confinement days for the
24    county's juvenile offenders.
25    (f) Any Redeploy Illinois Program allocations not applied
26for and approved by the Department of Human Services shall be

 

 

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1available for redistribution to approved plans for the
2remainder of that fiscal year. Any county that invests local
3moneys in the Redeploy Illinois Program shall be given first
4consideration for any redistribution of allocations.
5Jurisdictions participating in Redeploy Illinois that exceed
6their agreed upon level of commitments to the Department of
7Juvenile Justice shall reimburse the Department of Corrections
8for each commitment above the agreed upon level.
9    (g) Implementation of Redeploy Illinois.
10        (1) Oversight of Redeploy Illinois.
11            (i) Redeploy Illinois Oversight Board. The
12        Department of Human Services shall convene an
13        oversight board to oversee the Redeploy Illinois
14        Program. The Board shall include, but not be limited
15        to, designees from the Department of Juvenile Justice,
16        the Administrative Office of Illinois Courts, the
17        Illinois Juvenile Justice Commission, the Illinois
18        Criminal Justice Information Authority, the Department
19        of Children and Family Services, the State Board of
20        Education, the Cook County State's Attorney, and a
21        State's Attorney selected by the President of the
22        Illinois State's Attorney's Association, the Cook
23        County Public Defender, a representative of the
24        defense bar appointed by the Chief Justice of the
25        Illinois Supreme Court, a representative of probation
26        appointed by the Chief Justice of the Illinois Supreme

 

 

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1        Court, and judicial representation appointed by the
2        Chief Justice of the Illinois Supreme Court. Up to an
3        additional 9 members may be appointed by the Secretary
4        of Human Services from recommendations by the
5        Oversight Board; these appointees shall possess a
6        knowledge of juvenile justice issues and reflect the
7        collaborative public/private relationship of Redeploy
8        programs.
9            (ii) Responsibilities of the Redeploy Illinois
10        Oversight Board. The Oversight Board shall:
11                (A) Identify jurisdictions to be included in
12            the program of Redeploy Illinois.
13                (B) Develop a formula for reimbursement of
14            local jurisdictions for local and community-based
15            services utilized in lieu of commitment to the
16            Department of Juvenile Justice, as well as for any
17            charges for local jurisdictions for commitments
18            above the agreed upon limit in the approved plan.
19                (C) Identify resources sufficient to support
20            the administration and evaluation of Redeploy
21            Illinois.
22                (D) Develop a process and identify resources
23            to support on-going monitoring and evaluation of
24            Redeploy Illinois.
25                (E) Develop a process and identify resources
26            to support training on Redeploy Illinois.

 

 

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1                (E-5) Review proposed individualized
2            agreements and approve where appropriate the
3            distribution of resources.
4                (F) Report to the Governor and the General
5            Assembly on an annual basis on the progress of
6            Redeploy Illinois.
7            (iii) Length of Planning Phase. The planning phase
8        may last up to, but may in no event last longer than,
9        July 1, 2004.
10        (2) (Blank).
11        (3) There shall be created the Redeploy County Review
12    Committee composed of the designees of the Secretary of
13    Human Services and the Directors of Juvenile Justice, of
14    Children and Family Services, and of the Governor's Office
15    of Management and Budget who shall constitute a
16    subcommittee of the Redeploy Illinois Oversight Board.
17    (h) Responsibilities of the County Review Committee. The
18County Review Committee shall:
19        (1) Review individualized agreements from counties
20    requesting resources on an occasional basis for services
21    for youth described in subsection (d-5).
22        (2) Report its decisions to the Redeploy Illinois
23    Oversight Board at regularly scheduled meetings.
24        (3) Monitor the effectiveness of the resources in
25    meeting the mandates of the Redeploy Illinois program set
26    forth in this Section so these results might be included in

 

 

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1    the Report described in clause (g)(1)(ii)(F).
2        (4) During the third quarter, assess the amount of
3    remaining funds available and necessary to complete the
4    fiscal year so that any unused funds may be distributed as
5    defined in subsection (f).
6        (5) Ensure that the number of youth from any applicant
7    county receiving individualized resources will not exceed
8    the previous three-year average of Redeploy eligible
9    recipients and that counties are in conformity with all
10    other elements of this law.
11    (i) Implementation of this Section is subject to
12appropriation.
13    (j) Rulemaking authority to implement this amendatory Act
14of the 95th General Assembly, if any, is conditioned on the
15rules being adopted in accordance with all provisions of and
16procedures and rules implementing the Illinois Administrative
17Procedure Act; any purported rule not so adopted, for whatever
18reason, is unauthorized.
19(Source: P.A. 94-696, eff. 6-1-06; 94-1032, eff. 1-1-07;
2095-1050, eff. 1-1-10.)