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Public Act 100-0091


 

Public Act 0091 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0091
 
SB1343 EnrolledLRB100 10074 RLC 20246 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 15 as follows:
 
    (730 ILCS 110/15)  (from Ch. 38, par. 204-7)
    Sec. 15. (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 may:
        (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 Division shall establish training standards for
continuing education of probation officers and supervisors and
broaden access to available training programs.
    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
Probation 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
probation 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 probation 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 Department.
    (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 considered 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 before the 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.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/11/2017