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(730 ILCS 110/15)
(from Ch. 38, par. 204-7)
(1) The Supreme Court of Illinois may establish a Division of
Probation Services whose purpose shall be the development, establishment,
promulgation, and enforcement of uniform standards for probation services in
this State, and to otherwise carry out the intent of this Act. The Division
(a) establish qualifications for chief probation
officers and other probation and court services personnel as to hiring, promotion, and training.
(b) make available, on a timely basis, lists of those
applicants whose qualifications meet the regulations referred to herein, including on said lists all candidates found qualified.
(c) establish a means of verifying the conditions for
reimbursement under this Act and develop criteria for approved costs for reimbursement.
(d) develop standards and approve employee
compensation schedules for probation and court services departments.
(e) employ sufficient personnel in the Division to
carry out the functions of the Division.
(f) establish a system of training and establish
standards for personnel orientation and training.
(g) develop standards for a system of record keeping
for cases and programs, gather statistics, establish a system of uniform forms, and develop research for planning of Probation Services.
(h) develop standards to assure adequate support
personnel, office space, equipment and supplies, travel expenses, and other essential items necessary for Probation and Court Services Departments to carry out their duties.
(i) review and approve annual plans submitted by
Probation and Court Services Departments.
(j) monitor and evaluate all programs operated by
Probation and Court Services Departments, and may include in the program evaluation criteria such factors as the percentage of Probation sentences for felons convicted of Probationable offenses.
(k) seek the cooperation of local and State
government and private agencies to improve the quality of probation and court services.
(l) where appropriate, establish programs and
corresponding standards designed to generally improve the quality of probation and court services and reduce the rate of adult or juvenile offenders committed to the Department of Corrections.
(m) establish such other standards and regulations
and do all acts necessary to carry out the intent and purposes of this Act.
The Division shall develop standards to implement the Domestic Violence Surveillance Program established under Section 5-8A-7 of the Unified Code of Corrections, including (i) procurement of equipment and other services necessary to implement the program and (ii) development of uniform standards for the delivery of the program through county probation departments, and develop standards for collecting data to evaluate the impact and costs of the Domestic Violence Surveillance Program.
The Division shall establish a model list of structured intermediate
sanctions that may be imposed by a probation agency for violations of terms and
conditions of a sentence of probation, conditional discharge, or supervision.
The State of Illinois shall provide for the costs of personnel, travel,
equipment, telecommunications, postage, commodities, printing, space,
contractual services and other related costs necessary to carry out the
intent of this Act.
(2) (a) The chief judge of each circuit shall provide
full-time probation services for all counties
within the circuit, in a
manner consistent with the annual probation plan,
the standards, policies,
and regulations established by the Supreme Court. A
probation district of
two or more counties within a circuit may be created for the purposes of
providing full-time probation services. Every
county or group of
counties within a circuit shall maintain a
probation department which shall
be under the authority of the Chief Judge of the circuit or some other
judge designated by the Chief Judge. The Chief Judge, through the
Probation and Court Services Department shall
submit annual plans to the
Division for probation and related services.
(b) The Chief Judge of each circuit shall appoint the Chief
Officer and all other probation officers for his
or her circuit from lists
of qualified applicants supplied by the Supreme Court. Candidates for chief
managing officer and other probation officer
positions must apply with both
the Chief Judge of the circuit and the Supreme Court.
(3) A Probation and Court Service Department
shall apply to the
Supreme Court for funds for basic services, and may apply for funds for new
and expanded programs or Individualized Services and Programs. Costs shall
be reimbursed monthly based on a plan and budget approved by the Supreme
Court. No Department may be reimbursed for costs which exceed or are not
provided for in the approved annual plan and budget. After the effective
date of this amendatory Act of 1985, each county must provide basic
services in accordance with the annual plan and standards created by the
division. No department may receive funds for new or expanded programs or
individualized services and programs unless they are in compliance with
standards as enumerated in paragraph (h) of subsection (1) of this Section,
the annual plan, and standards for basic services.
(4) The Division shall reimburse the county or counties for
services as follows:
(a) 100% of the salary of all chief managing officers
designated as such by the Chief Judge and the division.
(b) 100% of the salary for all probation officer and
supervisor positions approved for reimbursement by the division after April 1, 1984, to meet workload standards and to implement intensive sanction and probation supervision programs and other basic services as defined in this Act.
(c) 100% of the salary for all secure detention
personnel and non-secure group home personnel approved for reimbursement after December 1, 1990. For all such positions approved for reimbursement before December 1, 1990, the counties shall be reimbursed $1,250 per month beginning July 1, 1995, and an additional $250 per month beginning each July 1st thereafter until the positions receive 100% salary reimbursement. Allocation of such positions will be based on comparative need considering capacity, staff/resident ratio, physical plant and program.
(d) $1,000 per month for salaries for the remaining
probation officer positions engaged in basic services and new or expanded services. All such positions shall be approved by the division in accordance with this Act and division standards.
(e) 100% of the travel expenses in accordance with
Division standards for all Probation positions approved under paragraph (b) of subsection 4 of this Section.
(f) If the amount of funds reimbursed to the county
under paragraphs (a) through (e) of subsection 4 of this Section on an annual basis is less than the amount the county had received during the 12 month period immediately prior to the effective date of this amendatory Act of 1985, then the Division shall reimburse the amount of the difference to the county. The effect of paragraph (b) of subsection 7 of this Section shall be considered in implementing this supplemental reimbursement provision.
(5) The Division shall provide funds beginning on April 1, 1987 for the
counties to provide Individualized Services and Programs as provided in
Section 16 of this Act.
(6) A Probation and Court Services Department
in order to be eligible
for the reimbursement must submit to the Supreme Court an application
containing such information and in such a form and by such dates as the
Supreme Court may require. Departments to be eligible for funding must
satisfy the following conditions:
(a) The Department shall have on file with the
Supreme Court an annual Probation plan for continuing, improved, and new Probation and Court Services Programs approved by the Supreme Court or its designee. This plan shall indicate the manner in which Probation and Court Services will be delivered and improved, consistent with the minimum standards and regulations for Probation and Court Services, as established by the Supreme Court. In counties with more than one Probation and Court Services Department eligible to receive funds, all Departments within that county must submit plans which are approved by the Supreme Court.
(b) The annual probation plan shall seek to generally
improve the quality of probation services and to reduce the commitment of adult offenders to the Department of Corrections and to reduce the commitment of juvenile offenders to the Department of Juvenile Justice and shall require, when appropriate, coordination with the Department of Corrections, the Department of Juvenile Justice, and the Department of Children and Family Services in the development and use of community resources, information systems, case review and permanency planning systems to avoid the duplication of services.
(c) The Department shall be in compliance with
standards developed by the Supreme Court for basic, new and expanded services, training, personnel hiring and promotion.
(d) The Department shall in its annual plan indicate
the manner in which it will support the rights of crime victims and in which manner it will implement Article I, Section 8.1 of the Illinois Constitution and in what manner it will coordinate crime victims' support services with other criminal justice agencies within its jurisdiction, including but not limited to, the State's Attorney, the Sheriff and any municipal police department.
(7) No statement shall be verified by the Supreme Court or its
designee or vouchered by the Comptroller unless each of the following
conditions have been met:
(a) The probation officer is a full-time employee
appointed by the Chief Judge to provide probation services.
(b) The probation officer, in order to be eligible
for State reimbursement, is receiving a salary of at least $17,000 per year.
(c) The probation officer is appointed or was
reappointed in accordance with minimum qualifications or criteria established by the Supreme Court; however, all probation officers appointed prior to January 1, 1978, shall be exempted from the minimum requirements established by the Supreme Court. Payments shall be made to counties employing these exempted probation officers as long as they are employed in the position held on the effective date of this amendatory Act of 1985. Promotions shall be governed by minimum qualifications established by the Supreme Court.
(d) The Department has an established compensation
schedule approved by the Supreme Court. The compensation schedule shall include salary ranges with necessary increments to compensate each employee. The increments shall, within the salary ranges, be based on such factors as bona fide occupational qualifications, performance, and length of service. Each position in the Department shall be placed on the compensation schedule according to job duties and responsibilities of such position. The policy and procedures of the compensation schedule shall be made available to each employee.
(8) In order to obtain full reimbursement of all approved costs, each
Department must continue to employ at least the same number of
officers and probation managers as were
authorized for employment for the
fiscal year which includes January 1, 1985. This number shall be designated
as the base amount of the Department. No positions approved by the Division
under paragraph (b) of subsection 4 will be included in the base amount.
In the event that the Department employs fewer
Probation officers and
Probation managers than the base amount for a
period of 90 days, funding
received by the Department under subsection 4 of this
Section may be reduced on a monthly basis by the amount of the current
salaries of any positions below the base amount.
(9) Before the 15th day of each month, the treasurer of any county which
has a Probation and Court Services Department, or
the treasurer of the most
populous county, in the case of a Probation or
Court Services Department
funded by more than one county, shall submit an itemized statement of all
approved costs incurred in the delivery of Basic
Probation and Court
Services under this Act to the Supreme Court.
The treasurer may also submit an itemized statement of all approved costs
incurred in the delivery of new and expanded
Probation and Court Services
as well as Individualized Services and Programs. The Supreme Court or
its designee shall verify compliance with this Section and shall examine
and audit the monthly statement and, upon finding them to be correct, shall
forward them to the Comptroller for payment to the county treasurer. In the
case of payment to a treasurer of a county which is the most populous of
counties sharing the salary and expenses of a
Probation and Court Services
Department, the treasurer shall divide the money between the counties in a
manner that reflects each county's share of the cost incurred by the
(10) The county treasurer must certify that funds received under this
Section shall be used solely to maintain and improve
Probation and Court
Services. The county or circuit shall remain in compliance with all
standards, policies and regulations established by the Supreme Court.
If at any time the Supreme Court determines that a county or circuit is not
in compliance, the Supreme Court shall immediately notify the Chief Judge,
county board chairman and the Director of Court Services Chief
Probation Officer. If after 90 days of written
notice the noncompliance
still exists, the Supreme Court shall be required to reduce the amount of
monthly reimbursement by 10%. An additional 10% reduction of monthly
reimbursement shall occur for each consecutive month of noncompliance.
Except as provided in subsection 5 of Section 15, funding to counties shall
commence on April 1, 1986. Funds received under this Act shall be used to
provide for Probation Department expenses
including those required under
Section 13 of this Act. The Mandatory
Arbitration Fund may be used to provide for Probation Department expenses,
including those required under Section 13 of this Act.
(11) The respective counties shall be responsible for capital and space
costs, fringe benefits, clerical costs, equipment, telecommunications,
postage, commodities and printing.
(12) For purposes of this Act only, probation officers shall be
peace officers. In the
exercise of their official duties, probation
officers, sheriffs, and police
officers may, anywhere within the State, arrest any probationer who is in
violation of any of the conditions of his or her probation, conditional
discharge, or supervision, and it shall be the
duty of the officer making the arrest to take the probationer
Court having jurisdiction over the probationer for further order.
(Source: P.A. 95-707, eff. 1-11-08; 95-773, eff. 1-1-09; 96-688, eff. 8-25-09.)