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Public Act 101-0231


 

Public Act 0231 101ST GENERAL ASSEMBLY



 


 
Public Act 101-0231
 
HB0386 EnrolledLRB101 03664 SLF 48672 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 Section 10 as follows:
 
    (730 ILCS 190/10)
    Sec. 10. Evidence-Based Programming.
    (a) Purpose. Research and practice have identified new
strategies and policies that can result in a significant
reduction in recidivism rates and the successful local
reintegration of offenders. The purpose of this Section is to
ensure that State and local agencies direct their resources to
services and programming that have been demonstrated to be
effective in reducing recidivism and reintegrating offenders
into the locality.
    (b) Evidence-based programming in local supervision.
        (1) The Parole Division of the Department of
    Corrections and the Prisoner Review Board shall adopt
    policies, rules, and regulations that, within the first
    year of the adoption, validation, and utilization of the
    statewide, standardized risk assessment tool described in
    this Act, result in at least 25% of supervised individuals
    being supervised in accordance with evidence-based
    practices; within 3 years of the adoption, validation, and
    utilization of the statewide, standardized risk assessment
    tool result in at least 50% of supervised individuals being
    supervised in accordance with evidence-based practices;
    and within 5 years of the adoption, validation, and
    utilization of the statewide, standardized risk assessment
    tool result in at least 75% of supervised individuals being
    supervised in accordance with evidence-based practices.
    The policies, rules, and regulations shall:
            (A) Provide for a standardized individual case
        plan that follows the offender through the criminal
        justice system (including in-prison if the supervised
        individual is in prison) that is:
                (i) Based on the assets of the individual as
            well as his or her risks and needs identified
            through the assessment tool as described in this
            Act.
                (ii) Comprised of treatment and supervision
            services appropriate to achieve the purpose of
            this Act.
                (iii) Consistently updated, based on program
            participation by the supervised individual and
            other behavior modification exhibited by the
            supervised individual.
            (B) Concentrate resources and services on
        high-risk offenders.
            (C) Provide for the use of evidence-based
        programming related to education, job training,
        cognitive behavioral therapy, and other programming
        designed to reduce criminal behavior.
            (D) Establish a system of graduated responses.
                (i) The system shall set forth a menu of
            presumptive responses for the most common types of
            supervision violations.
                (ii) The system shall be guided by the model
            list of intermediate sanctions created by the
            Probation Services Division of the State of
            Illinois pursuant to subsection (1) of Section 15
            of the Probation and Probation Officers Act and the
            system of intermediate sanctions created by the
            Chief Judge of each circuit court pursuant to
            Section 5-6-1 of the Unified Code of Corrections.
                (iii) The system of responses shall take into
            account factors such as the severity of the current
            violation; the supervised individual's risk level
            as determined by a validated assessment tool
            described in this Act; the supervised individual's
            assets; his or her previous criminal record; and
            the number and severity of any previous
            supervision violations.
                (iv) The system shall also define positive
            reinforcements that supervised individuals may
            receive for compliance with conditions of
            supervision.
                (v) Response to violations should be swift and
            certain and should be imposed as soon as
            practicable but no longer than 3 working days of
            detection of the violation behavior.
        (2) Conditions of local supervision (probation and
    mandatory supervised release). Conditions of local
    supervision whether imposed by a sentencing judge or the
    Prisoner Review Board shall be imposed in accordance with
    the offender's risks, assets, and needs as identified
    through the assessment tool described in this Act.
        (3) The Department of Corrections and the Prisoner
    Review Board shall annually publish an exemplar copy of any
    evidence-based assessments, questionnaires, or other
    instruments used to set conditions of release.
    (c) Evidence-based in-prison programming.
        (1) The Department of Corrections shall adopt
    policies, rules, and regulations that, within the first
    year of the adoption, validation, and utilization of the
    statewide, standardized risk assessment tool described in
    this Act, result in at least 25% of incarcerated
    individuals receiving services and programming in
    accordance with evidence-based practices; within 3 years
    of the adoption, validation, and utilization of the
    statewide, standardized risk assessment tool result in at
    least 50% of incarcerated individuals receiving services
    and programming in accordance with evidence-based
    practices; and within 5 years of the adoption, validation,
    and utilization of the statewide, standardized risk
    assessment tool result in at least 75% of incarcerated
    individuals receiving services and programming in
    accordance with evidence-based practices. The policies,
    rules, and regulations shall:
            (A) Provide for the use and development of a case
        plan based on the risks, assets, and needs identified
        through the assessment tool as described in this Act.
        The case plan should be used to determine in-prison
        programming; should be continuously updated based on
        program participation by the prisoner and other
        behavior modification exhibited by the prisoner; and
        should be used when creating the case plan described in
        subsection (b).
            (B) Provide for the use of evidence-based
        programming related to education, job training,
        cognitive behavioral therapy and other evidence-based
        programming.
            (C) Establish education programs based on a
        teacher to student ratio of no more than 1:30.
            (D) Expand the use of drug prisons, modeled after
        the Sheridan Correctional Center, to provide
        sufficient drug treatment and other support services
        to non-violent inmates with a history of substance
        abuse.
        (2) Participation and completion of programming by
    prisoners can impact earned time credit as determined under
    Section 3-6-3 of the Unified Code of Corrections.
        (3) The Department of Corrections shall provide its
    employees with intensive and ongoing training and
    professional development services to support the
    implementation of evidence-based practices. The training
    and professional development services shall include
    assessment techniques, case planning, cognitive behavioral
    training, risk reduction and intervention strategies,
    effective communication skills, substance abuse treatment
    education and other topics identified by the Department or
    its employees.
    (d) The Parole Division of the Department of Corrections
and the Prisoner Review Board shall provide their employees
with intensive and ongoing training and professional
development services to support the implementation of
evidence-based practices. The training and professional
development services shall include assessment techniques, case
planning, cognitive behavioral training, risk reduction and
intervention strategies, effective communication skills,
substance abuse treatment education, and other topics
identified by the agencies or their employees.
    (e) The Department of Corrections, the Prisoner Review
Board, and other correctional entities referenced in the
policies, rules, and regulations of this Act shall design,
implement, and make public a system to evaluate the
effectiveness of evidence-based practices in increasing public
safety and in successful reintegration of those under
supervision into the locality. Annually, each agency shall
submit to the Sentencing Policy Advisory Council a
comprehensive report on the success of implementing
evidence-based practices. The data compiled and analyzed by the
Council shall be delivered annually to the Governor and the
General Assembly.
    (f) The Department of Corrections and the Prisoner Review
Board shall release a report annually published on their
websites that reports the following information about the usage
of electronic monitoring and GPS monitoring as a condition of
parole and mandatory supervised release during the prior
calendar year:
        (1) demographic data of individuals on electronic
    monitoring and GPS monitoring, separated by the following
    categories:
            (A) race or ethnicity;
            (B) gender; and
            (C) age;
        (2) incarceration data of individuals subject to
    conditions of electronic or GPS monitoring, separated by
    the following categories:
            (A) highest class of offense for which the
        individuals is currently serving a term of release; and
            (B) length of imprisonment served prior to the
        current release period;
        (3) the number of individuals subject to conditions of
    electronic or GPS monitoring, separated by the following
    categories:
            (A) the number of individuals subject to
        monitoring under Section 5-8A-6 of the Unified Code of
        Corrections;
            (B) the number of individuals subject monitoring
        under Section 5-8A-7 of the Unified Code of
        Corrections;
            (C) the number of individuals subject to
        monitoring under a discretionary order of the Prisoner
        Review Board at the time of their release; and
            (D) the number of individuals subject to
        monitoring as a sanction for violations of parole or
        mandatory supervised release, separated by the
        following categories:
                (i) the number of individuals subject to
            monitoring as part of a graduated sanctions
            program; and
                (ii) the number of individuals subject to
            monitoring as a new condition of re-release after a
            revocation hearing before the Prisoner Review
            Board;
        (4) the number of discretionary monitoring orders
    issued by the Prisoner Review Board, separated by the
    following categories:
            (A) less than 30 days;
            (B) 31 to 60 days;
            (C) 61 to 90 days;
            (D) 91 to 120 days;
            (E) 121 to 150 days;
            (F) 151 to 180 days;
            (G) 181 to 364 days;
            (H) 365 days or more; and
            (I) duration of release term;
        (5) the number of discretionary monitoring orders by
    the Board which removed or terminated monitoring prior to
    the completion of the original period ordered;
        (6) the number and severity category for sanctions
    imposed on individuals on electronic or GPS monitoring,
    separated by the following categories:
            (A) absconding from electronic monitoring or GPS;
            (B) tampering or removing the electronic
        monitoring or GPS device;
            (C) unauthorized leaving of the residence;
            (D) presence of the individual in a prohibited
        area; or
            (E) other violations of the terms of the electronic
        monitoring program;
        (7) the number of individuals for whom a parole
    revocation case was filed for failure to comply with the
    terms of electronic or GPS monitoring, separated by the
    following categories:
            (A) cases when failure to comply with the terms of
        monitoring was the sole violation alleged; and
            (B) cases when failure to comply with the terms of
        monitoring was alleged in conjunction with other
        alleged violations;
        (8) residential data for individuals subject to
    electronic or GPS monitoring, separated by the following
    categories:
            (A) the county of the residence address for
        individuals subject to electronic or GPS monitoring as
        a condition of their release; and
            (B) for counties with a population over 3,000,000,
        the zip codes of the residence address for individuals
        subject to electronic or GPS monitoring as a condition
        of their release;
        (9) the number of individuals for whom parole
    revocation cases were filed due to violations of paragraph
    (1) of subsection (a) of Section 3-3-7 of the Unified Code
    of Corrections, separated by the following categories:
            (A) the number of individuals whose violation of
        paragraph (1) of subsection (a) of Section 3-3-7 of the
        Unified Code of Corrections allegedly occurred while
        the individual was subject to conditions of electronic
        or GPS monitoring;
            (B) the number of individuals who had violations of
        paragraph (1) of subsection (a) of Section 3-3-7 of the
        Unified Code of Corrections alleged against them who
        were never subject to electronic or GPS monitoring
        during their current term of release; and
            (C) the number of individuals who had violations of
        paragraph (1) of subsection (a) of Section 3-3-7 of the
        Unified Code of Corrections alleged against them who
        were subject to electronic or GPS monitoring for any
        period of time during their current term of their
        release, but who were not subject to such monitoring at
        the time of the alleged violation of paragraph (1) of
        subsection (a) of Section 3-3-7 of the Unified Code of
        Corrections.
(Source: P.A. 96-761, eff. 1-1-10.)

Effective Date: 1/1/2020