Illinois General Assembly - Full Text of Public Act 098-0060
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Public Act 098-0060


 

Public Act 0060 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0060
 
HB2401 EnrolledLRB098 07734 RLC 37812 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Probation and Probation Officers Act is
amended by changing Section 16.1 as follows:
 
    (730 ILCS 110/16.1)
    Sec. 16.1. Redeploy Illinois Program.
    (a) The purpose of this Section is to encourage the
deinstitutionalization of juvenile offenders by establishing
projects in counties or groups of counties that reallocate
State funds from juvenile correctional confinement to local
jurisdictions, which will establish a continuum of local,
community-based sanctions and treatment alternatives for
juvenile offenders who would be incarcerated if those local
services and sanctions did not exist. It is also intended to
offer alternatives, when appropriate, to avoid commitment to
the Department of Juvenile Justice, to direct child welfare
services for minors charged with a criminal offense or
adjudicated delinquent under Section 5 of the Children and
Family Services Act. The allotment of funds will be based on a
formula that rewards local jurisdictions for the establishment
or expansion of local alternatives to incarceration, and
requires them to pay for utilization of incarceration as a
sanction. In addition, there shall be an allocation of
resources (amount to be determined annually by the Redeploy
Illinois Oversight Board) set aside at the beginning of each
fiscal year to be made available for any county or groups of
counties which need resources only occasionally for services to
avoid commitment to the Department of Juvenile Justice for a
limited number of youth. This redeployment of funds shall be
made in a manner consistent with the Juvenile Court Act of 1987
and the following purposes and policies:
        (1) The juvenile justice system should protect the
    community, impose accountability to victims and
    communities for violations of law, and equip juvenile
    offenders with competencies to live responsibly and
    productively.
        (2) Juveniles should be treated in the least
    restrictive manner possible while maintaining the safety
    of the community.
        (3) A continuum of services and sanctions from least
    restrictive to most restrictive should be available in
    every community.
        (4) There should be local responsibility and authority
    for planning, organizing, and coordinating service
    resources in the community. People in the community can
    best choose a range of services which reflect community
    values and meet the needs of their own youth.
        (5) Juveniles who pose a threat to the community or
    themselves need special care, including secure settings.
    Such services as detention, long-term incarceration, or
    residential treatment are too costly to provide in each
    community and should be coordinated and provided on a
    regional or Statewide basis.
        (6) The roles of State and local government in creating
    and maintaining services to youth in the juvenile justice
    system should be clearly defined. The role of the State is
    to fund services, set standards of care, train service
    providers, and monitor the integration and coordination of
    services. The role of local government should be to oversee
    the provision of services.
    (b) Each county or circuit participating in the Redeploy
Illinois program must create a local plan demonstrating how it
will reduce the county or circuit's utilization of secure
confinement of juvenile offenders in the Illinois Department of
Juvenile Justice or county detention centers by the creation or
expansion of individualized services or programs that may
include but are not limited to the following:
        (1) Assessment and evaluation services to provide the
    juvenile justice system with accurate individualized case
    information on each juvenile offender including mental
    health, substance abuse, educational, and family
    information;
        (2) Direct services to individual juvenile offenders
    including educational, vocational, mental health,
    substance abuse, supervision, and service coordination;
    and
        (3) Programs that seek to restore the offender to the
    community, such as victim offender panels, teen courts,
    competency building, enhanced accountability measures,
    restitution, and community service. The local plan must be
    directed in such a manner as to emphasize an individualized
    approach to providing services to juvenile offenders in an
    integrated community based system including probation as
    the broker of services. The plan must also detail the
    reduction in utilization of secure confinement. The local
    plan shall be limited to services and shall not include
    costs for:
            (i) capital expenditures;
            (ii) renovations or remodeling;
            (iii) personnel costs for probation.
    The local plan shall be submitted to the Department of
Human Services.
    (c) A county or group of counties may develop an agreement
with the Department of Human Services to reduce their number of
commitments of juvenile offenders, excluding minors sentenced
based upon a finding of guilt of first degree murder or an
offense which is a Class X forcible felony as defined in the
Criminal Code of 2012 1961, to the Department of Juvenile
Justice, and then use the savings to develop local programming
for youth who would otherwise have been committed to the
Department of Juvenile Justice. A county or group of counties
shall agree to limit their commitments to 75% of the level of
commitments from the average number of juvenile commitments for
the past 3 years, and will receive the savings to redeploy for
local programming for juveniles who would otherwise be held in
confinement. For any county or group of counties with a
decrease of juvenile commitments of at least 25%, based on the
average reductions of the prior 3 years, which are chosen to
participate or continue as sites, the Redeploy Illinois
Oversight Board has the authority to reduce the required
percentage of future commitments to achieve the purpose of this
Section. The agreement shall set forth the following:
        (1) a Statement of the number and type of juvenile
    offenders from the county who were held in secure
    confinement by the Illinois Department of Juvenile Justice
    or in county detention the previous year, and an
    explanation of which, and how many, of these offenders
    might be served through the proposed Redeploy Illinois
    Program for which the funds shall be used;
        (2) a Statement of the service needs of currently
    confined juveniles;
        (3) a Statement of the type of services and programs to
    provide for the individual needs of the juvenile offenders,
    and the research or evidence base that qualifies those
    services and programs as proven or promising practices;
        (4) a budget indicating the costs of each service or
    program to be funded under the plan;
        (5) a summary of contracts and service agreements
    indicating the treatment goals and number of juvenile
    offenders to be served by each service provider; and
        (6) a Statement indicating that the Redeploy Illinois
    Program will not duplicate existing services and programs.
    Funds for this plan shall not supplant existing county
    funded programs.
    In a county with a population exceeding 2,000,000, the
Redeploy Illinois Oversight Board may authorize the Department
of Human Services to enter into an agreement with that county
to reduce the number of commitments by the same percentage as
is required by this Section of other counties, and with all of
the same requirements of this Act, including reporting and
evaluation, except that the agreement may encompass a clearly
identifiable geographical subdivision of that county. The
geographical subdivision may include, but is not limited to, a
police district or group of police districts, a geographical
area making up a court calendar or group of court calendars, a
municipal district or group of municipal districts, or a
municipality or group of municipalities.
    (d) (Blank).
    (d-5) A county or group of counties that does not have an
approved Redeploy Illinois program, as described in subsection
(b), and that has committed fewer than 10 Redeploy eligible
youth to the Department of Juvenile Justice on average over the
previous 3 years, may develop an individualized agreement with
the Department of Human Services through the Redeploy Illinois
program to provide services to youth to avoid commitment to the
Department of Juvenile Justice. The agreement shall set forth
the following:
        (1) a statement of the number and type of juvenile
    offenders from the county who were at risk under any of the
    categories listed above during the 3 previous years, and an
    explanation of which of these offenders would be served
    through the proposed Redeploy Illinois program for which
    the funds shall be used, or through individualized
    contracts with existing Redeploy programs in neighboring
    counties;
        (2) a statement of the service needs;
        (3) a statement of the type of services and programs to
    provide for the individual needs of the juvenile offenders,
    and the research or evidence that qualifies those services
    and programs as proven or promising practices;
        (4) a budget indicating the costs of each service or
    program to be funded under the plan;
        (5) a summary of contracts and service agreements
    indicating the treatment goals and number of juvenile
    offenders to be served by each service provider; and
        (6) a statement indicating that the Redeploy Illinois
    program will not duplicate existing services and programs.
    Funds for this plan shall not supplant existing county
    funded programs.
    (e) The Department of Human Services shall be responsible
for the following:
        (1) Reviewing each Redeploy Illinois Program plan for
    compliance with standards established for such plans. A
    plan may be approved as submitted, approved with
    modifications, or rejected. No plan shall be considered for
    approval if the circuit or county is not in full compliance
    with all regulations, standards and guidelines pertaining
    to the delivery of basic probation services as established
    by the Supreme Court.
        (2) Monitoring on a continual basis and evaluating
    annually both the program and its fiscal activities in all
    counties receiving an allocation under the Redeploy
    Illinois Program. Any program or service that has not met
    the goals and objectives of its contract or service
    agreement shall be subject to denial for funding in
    subsequent years. The Department of Human Services shall
    evaluate the effectiveness of the Redeploy Illinois
    Program in each circuit or county. In determining the
    future funding for the Redeploy Illinois Program under this
    Act, the evaluation shall include, as a primary indicator
    of success, a decreased number of confinement days for the
    county's juvenile offenders.
    (f) Any Redeploy Illinois Program allocations not applied
for and approved by the Department of Human Services shall be
available for redistribution to approved plans for the
remainder of that fiscal year. Any county that invests local
moneys in the Redeploy Illinois Program shall be given first
consideration for any redistribution of allocations.
Jurisdictions participating in Redeploy Illinois that exceed
their agreed upon level of commitments to the Department of
Juvenile Justice shall reimburse the Department of Corrections
for each commitment above the agreed upon level.
    (g) Implementation of Redeploy Illinois.
        (1) Oversight of Redeploy Illinois.
            (i) Redeploy Illinois Oversight Board. The
        Department of Human Services shall convene an
        oversight board to oversee the Redeploy Illinois
        Program. The Board shall include, but not be limited
        to, designees from the Department of Juvenile Justice,
        the Administrative Office of Illinois Courts, the
        Illinois Juvenile Justice Commission, the Illinois
        Criminal Justice Information Authority, the Department
        of Children and Family Services, the State Board of
        Education, the Cook County State's Attorney, and a
        State's Attorney selected by the President of the
        Illinois State's Attorney's Association, the Cook
        County Public Defender, a representative of the
        defense bar appointed by the Chief Justice of the
        Illinois Supreme Court, a representative of probation
        appointed by the Chief Justice of the Illinois Supreme
        Court, and judicial representation appointed by the
        Chief Justice of the Illinois Supreme Court. Up to an
        additional 9 members may be appointed by the Secretary
        of Human Services from recommendations by the
        Oversight Board; these appointees shall possess a
        knowledge of juvenile justice issues and reflect the
        collaborative public/private relationship of Redeploy
        programs.
            (ii) Responsibilities of the Redeploy Illinois
        Oversight Board. The Oversight Board shall:
                (A) Identify jurisdictions to be included in
            the program of Redeploy Illinois.
                (B) Develop a formula for reimbursement of
            local jurisdictions for local and community-based
            services utilized in lieu of commitment to the
            Department of Juvenile Justice, as well as for any
            charges for local jurisdictions for commitments
            above the agreed upon limit in the approved plan.
                (C) Identify resources sufficient to support
            the administration and evaluation of Redeploy
            Illinois.
                (D) Develop a process and identify resources
            to support on-going monitoring and evaluation of
            Redeploy Illinois.
                (E) Develop a process and identify resources
            to support training on Redeploy Illinois.
                (E-5) Review proposed individualized
            agreements and approve where appropriate the
            distribution of resources.
                (F) Report to the Governor and the General
            Assembly on an annual basis on the progress of
            Redeploy Illinois.
            (iii) Length of Planning Phase. The planning phase
        may last up to, but may in no event last longer than,
        July 1, 2004.
        (2) (Blank).
        (3) There shall be created the Redeploy County Review
    Committee composed of the designees of the Secretary of
    Human Services and the Directors of Juvenile Justice, of
    Children and Family Services, and of the Governor's Office
    of Management and Budget who shall constitute a
    subcommittee of the Redeploy Illinois Oversight Board.
    (h) Responsibilities of the County Review Committee. The
County Review Committee shall:
        (1) Review individualized agreements from counties
    requesting resources on an occasional basis for services
    for youth described in subsection (d-5).
        (2) Report its decisions to the Redeploy Illinois
    Oversight Board at regularly scheduled meetings.
        (3) Monitor the effectiveness of the resources in
    meeting the mandates of the Redeploy Illinois program set
    forth in this Section so these results might be included in
    the Report described in clause (g)(1)(ii)(F).
        (4) During the third quarter, assess the amount of
    remaining funds available and necessary to complete the
    fiscal year so that any unused funds may be distributed as
    defined in subsection (f).
        (5) Ensure that the number of youth from any applicant
    county receiving individualized resources will not exceed
    the previous three-year average of Redeploy eligible
    recipients and that counties are in conformity with all
    other elements of this law.
    (i) Implementation of this Section is subject to
appropriation.
    (j) Rulemaking authority to implement this amendatory Act
of the 95th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of and
procedures and rules implementing the Illinois Administrative
Procedure Act; any purported rule not so adopted, for whatever
reason, is unauthorized.
(Source: P.A. 94-696, eff. 6-1-06; 94-1032, eff. 1-1-07;
95-1050, eff. 1-1-10.)

Effective Date: 1/1/2014