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Full Text of SB2899  97th General Assembly

SB2899sam001 97TH GENERAL ASSEMBLY

Sen. Heather A. Steans

Filed: 2/29/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2899

2    AMENDMENT NO. ______. Amend Senate Bill 2899 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1the Department of Juvenile Justice, to direct child welfare
2services for minors charged with a criminal offense or
3adjudicated delinquent under Section 5 of the Children and
4Family Services Act. The allotment of funds will be based on a
5formula that rewards local jurisdictions for the establishment
6or expansion of local alternatives to incarceration, and
7requires them to pay for utilization of incarceration as a
8sanction. In addition, there shall be an allocation of
9resources (amount to be determined annually by the Redeploy
10Illinois Oversight Board) set aside at the beginning of each
11fiscal year to be made available for any county or groups of
12counties which need resources only occasionally for services to
13avoid commitment to the Department of Juvenile Justice for a
14limited number of youth. This redeployment of funds shall be
15made in a manner consistent with the Juvenile Court Act of 1987
16and the following purposes and policies:
17        (1) The juvenile justice system should protect the
18    community, impose accountability to victims and
19    communities for violations of law, and equip juvenile
20    offenders with competencies to live responsibly and
21    productively.
22        (2) Juveniles should be treated in the least
23    restrictive manner possible while maintaining the safety
24    of the community.
25        (3) A continuum of services and sanctions from least
26    restrictive to most restrictive should be available in

 

 

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1    every community.
2        (4) There should be local responsibility and authority
3    for planning, organizing, and coordinating service
4    resources in the community. People in the community can
5    best choose a range of services which reflect community
6    values and meet the needs of their own youth.
7        (5) Juveniles who pose a threat to the community or
8    themselves need special care, including secure settings.
9    Such services as detention, long-term incarceration, or
10    residential treatment are too costly to provide in each
11    community and should be coordinated and provided on a
12    regional or Statewide basis.
13        (6) The roles of State and local government in creating
14    and maintaining services to youth in the juvenile justice
15    system should be clearly defined. The role of the State is
16    to fund services, set standards of care, train service
17    providers, and monitor the integration and coordination of
18    services. The role of local government should be to oversee
19    the provision of services.
20    (b) Each county or circuit participating in the Redeploy
21Illinois program must create a local plan demonstrating how it
22will reduce the county or circuit's utilization of secure
23confinement of juvenile offenders in the Illinois Department of
24Juvenile Justice or county detention centers by the creation or
25expansion of individualized services or programs that may
26include but are not limited to the following:

 

 

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1        (1) Assessment and evaluation services to provide the
2    juvenile justice system with accurate individualized case
3    information on each juvenile offender including mental
4    health, substance abuse, educational, and family
5    information;
6        (2) Direct services to individual juvenile offenders
7    including educational, vocational, mental health,
8    substance abuse, supervision, and service coordination;
9    and
10        (3) Programs that seek to restore the offender to the
11    community, such as victim offender panels, teen courts,
12    competency building, enhanced accountability measures,
13    restitution, and community service. The local plan must be
14    directed in such a manner as to emphasize an individualized
15    approach to providing services to juvenile offenders in an
16    integrated community based system including probation as
17    the broker of services. The plan must also detail the
18    reduction in utilization of secure confinement. The local
19    plan shall be limited to services and shall not include
20    costs for:
21            (i) capital expenditures;
22            (ii) renovations or remodeling;
23            (iii) personnel costs for probation.
24    The local plan shall be submitted to the Department of
25Human Services.
26    (c) A county or group of counties may develop an agreement

 

 

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1with the Department of Human Services to reduce their number of
2commitments of juvenile offenders, excluding minors sentenced
3based upon a finding of guilt of first degree murder or an
4offense which is a Class X forcible felony as defined in the
5Criminal Code of 1961, to the Department of Juvenile Justice,
6and then use the savings to develop local programming for youth
7who would otherwise have been committed to the Department of
8Juvenile Justice. A county or group of counties shall agree to
9limit their commitments to 75% of the level of commitments from
10the average number of juvenile commitments for the past 3
11years, and will receive the savings to redeploy for local
12programming for juveniles who would otherwise be held in
13confinement. For any county or group of counties with a
14decrease of juvenile commitments of at least 25%, based on the
15average reductions of the prior 3 years, which are chosen to
16participate or continue as sites, the Redeploy Illinois
17Oversight Board has the authority to reduce the required
18percentage of future commitments to achieve the purpose of this
19Section. The agreement shall set forth the following:
20        (1) a Statement of the number and type of juvenile
21    offenders from the county who were held in secure
22    confinement by the Illinois Department of Juvenile Justice
23    or in county detention the previous year, and an
24    explanation of which, and how many, of these offenders
25    might be served through the proposed Redeploy Illinois
26    Program for which the funds shall be used;

 

 

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1        (2) a Statement of the service needs of currently
2    confined juveniles;
3        (3) a Statement of the type of services and programs to
4    provide for the individual needs of the juvenile offenders,
5    and the research or evidence base that qualifies those
6    services and programs as proven or promising practices;
7        (4) a budget indicating the costs of each service or
8    program to be funded under the plan;
9        (5) a summary of contracts and service agreements
10    indicating the treatment goals and number of juvenile
11    offenders to be served by each service provider; and
12        (6) a Statement indicating that the Redeploy Illinois
13    Program will not duplicate existing services and programs.
14    Funds for this plan shall not supplant existing county
15    funded programs.
16    In a county with a population exceeding 2,000,000, the
17Redeploy Illinois Oversight Board may authorize the Department
18of Human Services to enter into an agreement with that county
19to reduce the number of commitments by the same percentage as
20is required by this Section of other counties, and with all of
21the same requirements of this Act, including reporting and
22evaluation, except that the agreement may encompass a clearly
23identifiable geographical subdivision of that county. The
24geographical subdivision may include, but is not limited to, a
25police district or group of police districts, a geographical
26area making up a court calendar or group of court calendars, a

 

 

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1municipal district or group of municipal districts, or a
2municipality or group of municipalities.
3    (d) (Blank).
4    (d-5) A county or group of counties that does not have an
5approved Redeploy Illinois program, as described in subsection
6(b), and that has committed fewer than 10 Redeploy eligible
7youth to the Department of Juvenile Justice on average over the
8previous 3 years, may develop an individualized agreement with
9the Department of Human Services through the Redeploy Illinois
10program to provide services to youth to avoid commitment to the
11Department of Juvenile Justice. The agreement shall set forth
12the following:
13        (1) a statement of the number and type of juvenile
14    offenders from the county who were at risk under any of the
15    categories listed above during the 3 previous years, and an
16    explanation of which of these offenders would be served
17    through the proposed Redeploy Illinois program for which
18    the funds shall be used, or through individualized
19    contracts with existing Redeploy programs in neighboring
20    counties;
21        (2) a statement of the service needs;
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 that qualifies those services
25    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    (e) The Department of Human Services shall be responsible
10for the following:
11        (1) Reviewing each Redeploy Illinois Program plan for
12    compliance with standards established for such plans. A
13    plan may be approved as submitted, approved with
14    modifications, or rejected. No plan shall be considered for
15    approval if the circuit or county is not in full compliance
16    with all regulations, standards and guidelines pertaining
17    to the delivery of basic probation services as established
18    by the Supreme Court.
19        (2) Monitoring on a continual basis and evaluating
20    annually both the program and its fiscal activities in all
21    counties receiving an allocation under the Redeploy
22    Illinois Program. Any program or service that has not met
23    the goals and objectives of its contract or service
24    agreement shall be subject to denial for funding in
25    subsequent years. The Department of Human Services shall
26    evaluate the effectiveness of the Redeploy Illinois

 

 

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1    Program in each circuit or county. In determining the
2    future funding for the Redeploy Illinois Program under this
3    Act, the evaluation shall include, as a primary indicator
4    of success, a decreased number of confinement days for the
5    county's juvenile offenders.
6    (f) Any Redeploy Illinois Program allocations not applied
7for and approved by the Department of Human Services shall be
8available for redistribution to approved plans for the
9remainder of that fiscal year. Any county that invests local
10moneys in the Redeploy Illinois Program shall be given first
11consideration for any redistribution of allocations.
12Jurisdictions participating in Redeploy Illinois that exceed
13their agreed upon level of commitments to the Department of
14Juvenile Justice shall reimburse the Department of Corrections
15for each commitment above the agreed upon level.
16    (g) Implementation of Redeploy Illinois.
17        (1) Oversight of Redeploy Illinois.
18            (i) Redeploy Illinois Oversight Board. The
19        Department of Human Services shall convene an
20        oversight board to oversee the Redeploy Illinois
21        Program. The Board shall include, but not be limited
22        to, designees from the Department of Juvenile Justice,
23        the Administrative Office of Illinois Courts, the
24        Illinois Juvenile Justice Commission, the Illinois
25        Criminal Justice Information Authority, the Department
26        of Children and Family Services, the State Board of

 

 

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1        Education, the Cook County State's Attorney, and a
2        State's Attorney selected by the President of the
3        Illinois State's Attorney's Association, the Cook
4        County Public Defender, a representative of the
5        defense bar appointed by the Chief Justice of the
6        Illinois Supreme Court, a representative of probation
7        appointed by the Chief Justice of the Illinois Supreme
8        Court, and judicial representation appointed by the
9        Chief Justice of the Illinois Supreme Court. Up to an
10        additional 9 members may be appointed by the Secretary
11        of Human Services from recommendations by the
12        Oversight Board; these appointees shall possess a
13        knowledge of juvenile justice issues and reflect the
14        collaborative public/private relationship of Redeploy
15        programs.
16            (ii) Responsibilities of the Redeploy Illinois
17        Oversight Board. The Oversight Board shall:
18                (A) Identify jurisdictions to be included in
19            the program of Redeploy Illinois.
20                (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.
26                (C) Identify resources sufficient to support

 

 

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1            the administration and evaluation of Redeploy
2            Illinois.
3                (D) Develop a process and identify resources
4            to support on-going monitoring and evaluation of
5            Redeploy Illinois.
6                (E) Develop a process and identify resources
7            to support training on Redeploy Illinois.
8                (E-5) Review proposed individualized
9            agreements and approve where appropriate the
10            distribution of resources.
11                (F) Report to the Governor and the General
12            Assembly on an annual basis on the progress of
13            Redeploy Illinois.
14            (iii) Length of Planning Phase. The planning phase
15        may last up to, but may in no event last longer than,
16        July 1, 2004.
17        (2) (Blank).
18        (3) There shall be created the Redeploy County Review
19    Committee composed of the designees of the Secretary of
20    Human Services and the Directors of Juvenile Justice, of
21    Children and Family Services, and of the Governor's Office
22    of Management and Budget who shall constitute a
23    subcommittee of the Redeploy Illinois Oversight Board.
24    (h) Responsibilities of the County Review Committee. The
25County Review Committee shall:
26        (1) Review individualized agreements from counties

 

 

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1    requesting resources on an occasional basis for services
2    for youth described in subsection (d-5).
3        (2) Report its decisions to the Redeploy Illinois
4    Oversight Board at regularly scheduled meetings.
5        (3) Monitor the effectiveness of the resources in
6    meeting the mandates of the Redeploy Illinois program set
7    forth in this Section so these results might be included in
8    the Report described in clause (g)(1)(ii)(F).
9        (4) During the third quarter, assess the amount of
10    remaining funds available and necessary to complete the
11    fiscal year so that any unused funds may be distributed as
12    defined in subsection (f).
13        (5) Ensure that the number of youth from any applicant
14    county receiving individualized resources will not exceed
15    the previous three-year average of Redeploy eligible
16    recipients and that counties are in conformity with all
17    other elements of this law.
18    (i) Implementation of this Section is subject to
19appropriation.
20    (j) Rulemaking authority to implement this amendatory Act
21of the 95th General Assembly, if any, is conditioned on the
22rules being adopted in accordance with all provisions of and
23procedures and rules implementing the Illinois Administrative
24Procedure Act; any purported rule not so adopted, for whatever
25reason, is unauthorized.
26(Source: P.A. 94-696, eff. 6-1-06; 94-1032, eff. 1-1-07;

 

 

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195-1050, eff. 1-1-10.)".