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Public Act 100-0999


 

Public Act 0999 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0999
 
SB3388 EnrolledLRB100 20812 RLC 36303 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 Illinois Crime Reduction Act of 2009 is
amended by changing Sections 5 and 20 as follows:
 
    (730 ILCS 190/5)
    Sec. 5. Purpose and Definitions.
    (a) Purpose. The General Assembly hereby declares that it
is the policy of Illinois to preserve public safety, reduce
crime, and make the most effective use of correctional
resources. Currently, the Illinois correctional system
overwhelmingly incarcerates people whose time in prison does
not result in improved behavior and who return to Illinois
communities in less than one year. It is therefore the purpose
of this Act to create an infrastructure to provide effective
resources and services to incarcerated individuals and
individuals supervised in the locality; to hold offenders
accountable; to successfully rehabilitate offenders to prevent
future involvement with the criminal justice system; to measure
the overall effectiveness of the criminal justice system in
achieving this policy; and to create the Adult Redeploy
Illinois program for those who do not fall under the definition
of violent offenders.
    (b) Definitions. As used in this Act, unless the context
clearly requires otherwise:
        (1) "Assets" are an offender's qualities or resources,
    such as family and other positive support systems,
    educational achievement, and employment history, that
    research has demonstrated will decrease the likelihood
    that the offender will re-offend and increase the
    likelihood that the offender will successfully reintegrate
    into the locality.
        (2) "Case plan" means a consistently updated written
    proposal that shall follow the offender through all phases
    of the criminal justice system, that is based on the
    offender's risks, assets, and needs as identified through
    the assessment tool described in this Act, and that
    outlines steps the offender shall take and the programs in
    which the offender shall participate to maximize the
    offender's ability to be rehabilitated.
        (3) "Conditions of supervision" include conditions
    described in Section 5-6-3.1 of the Unified Code of
    Corrections.
        (4) "Evidence-based practices" means policies,
    procedures, programs, and practices that have been
    demonstrated to reduce recidivism among incarcerated
    individuals and individuals on local supervision.
        (5) "Local supervision" includes supervision in
    local-based, non-incarceration settings under such
    conditions and reporting requirements as are imposed by the
    court or the Prisoner Review Board.
        (6) "Needs" include an offender's criminogenic
    qualities, skills, and experiences that can be altered in
    ways that research has demonstrated will minimize the
    offender's chances of re-offending and maximize the
    offender's chances of successfully reintegrating into the
    locality.
        (6.5) "Offender" means a person charged with or
    convicted of a probation-eligible offense.
        (7) "Risks" include the attributes of an offender that
    are commonly considered to be those variables, such as age,
    prior criminal history, history of joblessness, and lack of
    education that research has demonstrated contribute to an
    offender's likelihood of re-offending and impact an
    offender's ability to successfully reintegrate into the
    locality.
        (8) (Blank). "Violent offender" means a person
    convicted of a violent crime as defined in subsection (c)
    of Section 3 of the Rights of Crime Victims and Witnesses
    Act.
(Source: P.A. 96-761, eff. 1-1-10.)
 
    (730 ILCS 190/20)
    Sec. 20. Adult Redeploy Illinois.
    (a) Purpose. When offenders are accurately assessed for
risk, assets, and needs, it is possible to identify which
people should be sent to prison and which people can be
effectively supervised in the locality. By providing financial
incentives to counties or judicial circuits to create effective
local-level evidence-based services, it is possible to reduce
crime and recidivism at a lower cost to taxpayers. Based on
this model, this Act hereby creates the Adult Redeploy Illinois
program for probation-eligible offenders who do not fall under
the definition of violent offenders in order to increase public
safety and encourage the successful local supervision of
eligible offenders and their reintegration into the locality.
    (b) The Adult Redeploy Illinois program shall reallocate
State funds to local jurisdictions that successfully establish
a process to assess offenders and provide a continuum of
locally based sanctions and treatment alternatives for
offenders who would be incarcerated in a State facility if
those local services and sanctions did not exist. The allotment
of funds shall be based on a formula that rewards local
jurisdictions for the establishment or expansion of local
supervision programs and requires them to pay the amount
determined in subsection (e) if incarceration targets as
defined in subsection (e) are not met.
    (c) Each county or circuit participating in the Adult
Redeploy Illinois program shall create a local plan describing
how it will protect public safety and reduce the county or
circuit's utilization of incarceration in State facilities or
local county jails by the creation or expansion of
individualized services or programs.
    (d) Based on the local plan, a county or circuit shall
enter into an agreement with the Adult Redeploy Oversight Board
described in subsection (e) to reduce the number of commitments
of probation-eligible offenders to State correctional
facilities from that county or circuit, excluding violent
offenders. The agreement shall include a pledge from the county
or circuit to reduce their commitments by 25% of the level of
commitments from the average number of commitments for the past
3 years of eligible non-violent offenders. In return, the
county or circuit shall receive, based upon a formula described
in subsection (e), funds to redeploy for local programming for
offenders who would otherwise be incarcerated such as
management and supervision, electronic monitoring, and drug
testing. The county or circuit shall also be penalized, as
described in subsection (e), for failure to reach the goal of
reduced commitments stipulated in the agreement.
    (e) Adult Redeploy Illinois Oversight Board; members;
responsibilities.
        (1) The Secretary of Human Services and the Director of
    Corrections shall within 3 months after the effective date
    of this Act convene and act as co-chairs of an oversight
    board to oversee the Adult Redeploy Program. The Board
    shall include, but not be limited to, designees from the
    Prisoner Review Board, Office of the Attorney General,
    Illinois Criminal Justice Information Authority, and
    Sentencing Policy Advisory Council; the Cook County
    State's Attorney; a State's Attorney selected by the
    President of the Illinois State's Attorneys Association;
    the State Appellate Defender; the Cook County Public
    Defender; a representative of Cook County Adult Probation,
    a representative of DuPage County Adult Probation; a
    representative of Sangamon County Adult Probation; and 4
    representatives from non-governmental organizations,
    including service providers.
        (2) The Oversight Board shall within one year after the
    effective date of this Act:
            (A) Develop a process to solicit applications from
        and identify jurisdictions to be included in the Adult
        Redeploy Illinois program.
            (B) Define categories of membership for local
        entities to participate in the creation and oversight
        of the local Adult Redeploy Illinois program.
            (C) Develop a formula for the allotment of funds to
        local jurisdictions for local and community-based
        services in lieu of commitment to the Department of
        Corrections and a penalty amount for failure to reach
        the goal of reduced commitments stipulated in the
        plans.
            (D) Develop a standard format for the local plan to
        be submitted by the local entity created in each county
        or circuit.
            (E) Identify and secure resources sufficient to
        support the administration and evaluation of Adult
        Redeploy Illinois.
            (F) Develop a process to support ongoing
        monitoring and evaluation of Adult Redeploy Illinois.
            (G) Review local plans and proposed agreements and
        approve the distribution of resources.
            (H) Develop a performance measurement system that
        includes but is not limited to the following key
        performance indicators: recidivism, rate of
        revocations, employment rates, education achievement,
        successful completion of substance abuse treatment
        programs, and payment of victim restitution. Each
        county or circuit shall include the performance
        measurement system in its local plan and provide data
        annually to evaluate its success.
            (I) Report annually the results of the performance
        measurements on a timely basis to the Governor and
        General Assembly.
(Source: P.A. 96-761, eff. 1-1-10.)

Effective Date: 1/1/2019