101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3801

 

Introduced 2/14/2020, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 110/15  from Ch. 38, par. 204-7

    Amends the Probation and Probation Officers Act. Provides that the Division of Probation Services shall reimburse the county or counties for 100% of the salary for all probation officer and supervisor positions approved for reimbursement by the division to meet pretrial services programs and specialty court programs. Provides that for the remaining probation officer positions engaged in basic services and new or expanded services approved for reimbursement before December 1, 2019, the counties shall be reimbursed $1,500 per month beginning July 1, 2021, and an additional $500 per month beginning each July 1st thereafter until all such positions receive 100% salary reimbursement.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3801LRB101 18447 RLC 67895 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probation and Probation Officers Act is
5amended by changing Section 15 as follows:
 
6    (730 ILCS 110/15)  (from Ch. 38, par. 204-7)
7    Sec. 15. (1) The Supreme Court of Illinois may establish a
8Division of Probation Services whose purpose shall be the
9development, establishment, promulgation, and enforcement of
10uniform standards for probation services in this State, and to
11otherwise carry out the intent of this Act. The Division may:
12        (a) establish qualifications for chief probation
13    officers and other probation and court services personnel
14    as to hiring, promotion, and training.
15        (b) make available, on a timely basis, lists of those
16    applicants whose qualifications meet the regulations
17    referred to herein, including on said lists all candidates
18    found qualified.
19        (c) establish a means of verifying the conditions for
20    reimbursement under this Act and develop criteria for
21    approved costs for reimbursement.
22        (d) develop standards and approve employee
23    compensation schedules for probation and court services

 

 

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1    departments.
2        (e) employ sufficient personnel in the Division to
3    carry out the functions of the Division.
4        (f) establish a system of training and establish
5    standards for personnel orientation and training.
6        (g) develop standards for a system of record keeping
7    for cases and programs, gather statistics, establish a
8    system of uniform forms, and develop research for planning
9    of Probation Services.
10        (h) develop standards to assure adequate support
11    personnel, office space, equipment and supplies, travel
12    expenses, and other essential items necessary for
13    Probation and Court Services Departments to carry out their
14    duties.
15        (i) review and approve annual plans submitted by
16    Probation and Court Services Departments.
17        (j) monitor and evaluate all programs operated by
18    Probation and Court Services Departments, and may include
19    in the program evaluation criteria such factors as the
20    percentage of Probation sentences for felons convicted of
21    Probationable offenses.
22        (k) seek the cooperation of local and State government
23    and private agencies to improve the quality of probation
24    and court services.
25        (l) where appropriate, establish programs and
26    corresponding standards designed to generally improve the

 

 

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1    quality of probation and court services and reduce the rate
2    of adult or juvenile offenders committed to the Department
3    of Corrections.
4        (m) establish such other standards and regulations and
5    do all acts necessary to carry out the intent and purposes
6    of this Act.
7    The Division shall develop standards to implement the
8Domestic Violence Surveillance Program established under
9Section 5-8A-7 of the Unified Code of Corrections, including
10(i) procurement of equipment and other services necessary to
11implement the program and (ii) development of uniform standards
12for the delivery of the program through county probation
13departments, and develop standards for collecting data to
14evaluate the impact and costs of the Domestic Violence
15Surveillance Program.
16    The Division shall establish a model list of structured
17intermediate sanctions that may be imposed by a probation
18agency for violations of terms and conditions of a sentence of
19probation, conditional discharge, or supervision.
20    The Division shall establish training standards for
21continuing education of probation officers and supervisors and
22broaden access to available training programs.
23    The State of Illinois shall provide for the costs of
24personnel, travel, equipment, telecommunications, postage,
25commodities, printing, space, contractual services and other
26related costs necessary to carry out the intent of this Act.

 

 

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1    (2)(a) The chief judge of each circuit shall provide
2full-time probation services for all counties within the
3circuit, in a manner consistent with the annual probation plan,
4the standards, policies, and regulations established by the
5Supreme Court. A probation district of two or more counties
6within a circuit may be created for the purposes of providing
7full-time probation services. Every county or group of counties
8within a circuit shall maintain a probation department which
9shall be under the authority of the Chief Judge of the circuit
10or some other judge designated by the Chief Judge. The Chief
11Judge, through the Probation and Court Services Department
12shall submit annual plans to the Division for probation and
13related services.
14    (b) The Chief Judge of each circuit shall appoint the Chief
15Probation Officer and all other probation officers for his or
16her circuit from lists of qualified applicants supplied by the
17Supreme Court. Candidates for chief managing officer and other
18probation officer positions must apply with both the Chief
19Judge of the circuit and the Supreme Court.
20    (3) A Probation and Court Service Department shall apply to
21the Supreme Court for funds for basic services, and may apply
22for funds for new and expanded programs or Individualized
23Services and Programs. Costs shall be reimbursed monthly based
24on a plan and budget approved by the Supreme Court. No
25Department may be reimbursed for costs which exceed or are not
26provided for in the approved annual plan and budget. After the

 

 

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1effective date of this amendatory Act of 1985, each county must
2provide basic services in accordance with the annual plan and
3standards created by the division. No department may receive
4funds for new or expanded programs or individualized services
5and programs unless they are in compliance with standards as
6enumerated in paragraph (h) of subsection (1) of this Section,
7the annual plan, and standards for basic services.
8    (4) The Division shall reimburse the county or counties for
9probation services as follows:
10        (a) 100% of the salary of all chief managing officers
11    designated as such by the Chief Judge and the division.
12        (b) 100% of the salary for all probation officer and
13    supervisor positions approved for reimbursement by the
14    division after April 1, 1984, to meet workload standards,
15    and to implement intensive sanction and probation
16    supervision programs, pretrial services programs,
17    specialty court programs, and other basic services as
18    defined in this Act.
19        (c) 100% of the salary for all secure detention
20    personnel and non-secure group home personnel approved for
21    reimbursement after December 1, 1990. For all such
22    positions approved for reimbursement before December 1,
23    1990, the counties shall be reimbursed $1,250 per month
24    beginning July 1, 1995, and an additional $250 per month
25    beginning each July 1st thereafter until the positions
26    receive 100% salary reimbursement. Allocation of such

 

 

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1    positions will be based on comparative need considering
2    capacity, staff/resident ratio, physical plant and
3    program.
4        (d) $1,000 per month for salaries for the remaining
5    probation officer positions engaged in basic services and
6    new or expanded services. All such positions shall be
7    approved by the division in accordance with this Act and
8    division standards. For all such positions approved for
9    reimbursement before December 1, 2019, the counties shall
10    be reimbursed $1,500 per month beginning July 1, 2021, and
11    an additional $500 per month beginning each July 1st
12    thereafter until all such positions receive 100% salary
13    reimbursement.
14        (e) (Blank). 100% of the travel expenses in accordance
15    with Division standards for all Probation positions
16    approved under paragraph (b) of subsection 4 of this
17    Section.
18        (f) If the amount of funds reimbursed to the county
19    under paragraphs (a) through (e) of subsection 4 of this
20    Section on an annual basis is less than the amount the
21    county had received during the 12 month period immediately
22    prior to the effective date of this amendatory Act of 1985,
23    then the Division shall reimburse the amount of the
24    difference to the county. The effect of paragraph (b) of
25    subsection 7 of this Section shall be considered in
26    implementing this supplemental reimbursement provision.

 

 

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1    (5) The Division shall provide funds beginning on April 1,
21987 for the counties to provide Individualized Services and
3Programs as provided in Section 16 of this Act.
4    (6) A Probation and Court Services Department in order to
5be eligible for the reimbursement must submit to the Supreme
6Court an application containing such information and in such a
7form and by such dates as the Supreme Court may require.
8Departments to be eligible for funding must satisfy the
9following conditions:
10        (a) The Department shall have on file with the Supreme
11    Court an annual Probation plan for continuing, improved,
12    and new Probation and Court Services Programs approved by
13    the Supreme Court or its designee. This plan shall indicate
14    the manner in which Probation and Court Services will be
15    delivered and improved, consistent with the minimum
16    standards and regulations for Probation and Court
17    Services, as established by the Supreme Court. In counties
18    with more than one Probation and Court Services Department
19    eligible to receive funds, all Departments within that
20    county must submit plans which are approved by the Supreme
21    Court.
22        (b) The annual probation plan shall seek to generally
23    improve the quality of probation services and to reduce the
24    commitment of adult offenders to the Department of
25    Corrections and to reduce the commitment of juvenile
26    offenders to the Department of Juvenile Justice and shall

 

 

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1    require, when appropriate, coordination with the
2    Department of Corrections, the Department of Juvenile
3    Justice, and the Department of Children and Family Services
4    in the development and use of community resources,
5    information systems, case review and permanency planning
6    systems to avoid the duplication of services.
7        (c) The Department shall be in compliance with
8    standards developed by the Supreme Court for basic, new and
9    expanded services, training, personnel hiring and
10    promotion.
11        (d) The Department shall in its annual plan indicate
12    the manner in which it will support the rights of crime
13    victims and in which manner it will implement Article I,
14    Section 8.1 of the Illinois Constitution and in what manner
15    it will coordinate crime victims' support services with
16    other criminal justice agencies within its jurisdiction,
17    including but not limited to, the State's Attorney, the
18    Sheriff and any municipal police department.
19    (7) No statement shall be verified by the Supreme Court or
20its designee or vouchered by the Comptroller unless each of the
21following conditions have been met:
22        (a) The probation officer is a full-time employee
23    appointed by the Chief Judge to provide probation services.
24        (b) The probation officer, in order to be eligible for
25    State reimbursement, is receiving a salary of at least
26    $17,000 per year.

 

 

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1        (c) The probation officer is appointed or was
2    reappointed in accordance with minimum qualifications or
3    criteria established by the Supreme Court; however, all
4    probation officers appointed prior to January 1, 1978,
5    shall be exempted from the minimum requirements
6    established by the Supreme Court. Payments shall be made to
7    counties employing these exempted probation officers as
8    long as they are employed in the position held on the
9    effective date of this amendatory Act of 1985. Promotions
10    shall be governed by minimum qualifications established by
11    the Supreme Court.
12        (d) The Department has an established compensation
13    schedule approved by the Supreme Court. The compensation
14    schedule shall include salary ranges with necessary
15    increments to compensate each employee. The increments
16    shall, within the salary ranges, be based on such factors
17    as bona fide occupational qualifications, performance, and
18    length of service. Each position in the Department shall be
19    placed on the compensation schedule according to job duties
20    and responsibilities of such position. The policy and
21    procedures of the compensation schedule shall be made
22    available to each employee.
23    (8) In order to obtain full reimbursement of all approved
24costs, each Department must continue to employ at least the
25same number of probation officers and probation managers as
26were authorized for employment for the fiscal year which

 

 

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1includes January 1, 1985. This number shall be designated as
2the base amount of the Department. No positions approved by the
3Division under paragraph (b) of subsection 4 will be included
4in the base amount. In the event that the Department employs
5fewer Probation officers and Probation managers than the base
6amount for a period of 90 days, funding received by the
7Department under subsection 4 of this Section may be reduced on
8a monthly basis by the amount of the current salaries of any
9positions below the base amount.
10    (9) Before the 15th day of each month, the treasurer of any
11county which has a Probation and Court Services Department, or
12the treasurer of the most populous county, in the case of a
13Probation or Court Services Department funded by more than one
14county, shall submit an itemized statement of all approved
15costs incurred in the delivery of Basic Probation and Court
16Services under this Act to the Supreme Court. The treasurer may
17also submit an itemized statement of all approved costs
18incurred in the delivery of new and expanded Probation and
19Court Services as well as Individualized Services and Programs.
20The Supreme Court or its designee shall verify compliance with
21this Section and shall examine and audit the monthly statement
22and, upon finding them to be correct, shall forward them to the
23Comptroller for payment to the county treasurer. In the case of
24payment to a treasurer of a county which is the most populous
25of counties sharing the salary and expenses of a Probation and
26Court Services Department, the treasurer shall divide the money

 

 

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1between the counties in a manner that reflects each county's
2share of the cost incurred by the Department.
3    (10) The county treasurer must certify that funds received
4under this Section shall be used solely to maintain and improve
5Probation and Court Services. The county or circuit shall
6remain in compliance with all standards, policies and
7regulations established by the Supreme Court. If at any time
8the Supreme Court determines that a county or circuit is not in
9compliance, the Supreme Court shall immediately notify the
10Chief Judge, county board chairman and the Director of Court
11Services Chief Probation Officer. If after 90 days of written
12notice the noncompliance still exists, the Supreme Court shall
13be required to reduce the amount of monthly reimbursement by
1410%. An additional 10% reduction of monthly reimbursement shall
15occur for each consecutive month of noncompliance. Except as
16provided in subsection 5 of Section 15, funding to counties
17shall commence on April 1, 1986. Funds received under this Act
18shall be used to provide for Probation Department expenses
19including those required under Section 13 of this Act. The
20Mandatory Arbitration Fund may be used to provide for Probation
21Department expenses, including those required under Section 13
22of this Act.
23    (11) The respective counties shall be responsible for
24capital and space costs, fringe benefits, clerical costs,
25equipment, telecommunications, postage, commodities and
26printing.

 

 

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1    (12) For purposes of this Act only, probation officers
2shall be considered peace officers. In the exercise of their
3official duties, probation officers, sheriffs, and police
4officers may, anywhere within the State, arrest any probationer
5who is in violation of any of the conditions of his or her
6probation, conditional discharge, or supervision, and it shall
7be the duty of the officer making the arrest to take the
8probationer before the Court having jurisdiction over the
9probationer for further order.
10(Source: P.A. 100-91, eff. 8-11-17.)