Illinois General Assembly - Full Text of SB2374
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Full Text of SB2374  102nd General Assembly

SB2374 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2374

 

Introduced 2/26/2021, by Sen. John Connor

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-410
705 ILCS 405/5-415
705 ILCS 405/5-420 new
730 ILCS 110/15  from Ch. 38, par. 204-7

    Amends the Juvenile Court Act of 1987. Provides that on and after July 1, 2023, a detention screening instrument shall be used for referrals to all authorized juvenile detention facilities in this State prior to a judicial hearing. Provides a minor alleged to be a delinquent minor taken into temporary custody must be brought before a judicial officer within 48 hours (rather than 40 hours, excluding Saturdays, Sundays and court designated holidays). Provides that if an appearance is required of any minor taken and held in a place of custody or confinement operated by the State or any of its political subdivisions, including counties and municipalities, the chief judge of the circuit may permit by rule for the minor's personal appearance to be made by means of two-way audio-visual communication, including closed circuit television and computerized video conference, in the following proceedings: (1) the initial appearance before a judge; (2) a detention or shelter care hearing; or (3) any status hearing. Amends the Probation and Probation Officers Act. Provides that the Division of Probation Services of the Supreme Court shall adopt a statewide juvenile detention screening instrument that has been verified through evidence-based and data-based practices that is to be used by all authorized juvenile detention facilities. Makes other changes.


LRB102 14153 KMF 19505 b

 

 

A BILL FOR

 

SB2374LRB102 14153 KMF 19505 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 5-410 and 5-415 and by adding Section 5-420
6as follows:
 
7    (705 ILCS 405/5-410)
8    Sec. 5-410. Non-secure custody or detention.
9    (1) Any minor arrested or taken into custody pursuant to
10this Act who requires care away from his or her home but who
11does not require physical restriction shall be given temporary
12care in a foster family home or other shelter facility
13designated by the court.
14    (2) (a) Any minor 10 years of age or older arrested
15pursuant to this Act where there is probable cause to believe
16that the minor is a delinquent minor and that (i) secure
17custody is a matter of immediate and urgent necessity for the
18protection of the minor or of the person or property of
19another, (ii) the minor is likely to flee the jurisdiction of
20the court, or (iii) the minor was taken into custody under a
21warrant, may be kept or detained in an authorized detention
22facility. A minor under 13 years of age shall not be admitted,
23kept, or detained in a detention facility unless a local youth

 

 

SB2374- 2 -LRB102 14153 KMF 19505 b

1service provider, including a provider through the
2Comprehensive Community Based Youth Services network, has been
3contacted and has not been able to accept the minor. No minor
4under 12 years of age shall be detained in a county jail or a
5municipal lockup for more than 6 hours.
6    (a-5) For a minor arrested or taken into custody for
7vehicular hijacking or aggravated vehicular hijacking, a
8previous finding of delinquency for vehicular hijacking or
9aggravated vehicular hijacking shall be given greater weight
10in determining whether secured custody of a minor is a matter
11of immediate and urgent necessity for the protection of the
12minor or of the person or property of another.
13    (b) The written authorization of the probation officer or
14detention officer (or other public officer designated by the
15court in a county having 3,000,000 or more inhabitants)
16constitutes authority for the superintendent of any juvenile
17detention home to detain and keep a minor for up to 40 hours,
18excluding Saturdays, Sundays, and court-designated holidays.
19These records shall be available to the same persons and
20pursuant to the same conditions as are law enforcement records
21as provided in Section 5-905.
22    (b-4) The consultation required by paragraph (b-5) shall
23not be applicable if the probation officer or detention
24officer (or other public officer designated by the court in a
25county having 3,000,000 or more inhabitants) utilizes a
26scorable detention screening instrument, which has been

 

 

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1developed with input by the State's Attorney, to determine
2whether a minor should be detained, however, paragraph (b-5)
3shall still be applicable where no such screening instrument
4is used or where the probation officer, detention officer (or
5other public officer designated by the court in a county
6having 3,000,000 or more inhabitants) deviates from the
7screening instrument.
8    On and after July 1, 2023, a detention screening
9instrument shall be used for referrals to all authorized
10juvenile detention facilities in this State prior to a
11judicial hearing. The detention screening instrument shall be
12developed and validated by the Probation Division of the
13Administrative Office of the Illinois Courts, as provided in
14Section 15 of the Probation and Probation Officers Act, and
15subject to approval by the Illinois Supreme Court.
16    (b-5) Subject to the provisions of paragraph (b-4), if a
17probation officer or detention officer (or other public
18officer designated by the court in a county having 3,000,000
19or more inhabitants) does not intend to detain a minor for an
20offense which constitutes one of the following offenses he or
21she shall consult with the State's Attorney's Office prior to
22the release of the minor: first degree murder, second degree
23murder, involuntary manslaughter, criminal sexual assault,
24aggravated criminal sexual assault, aggravated battery with a
25firearm as described in Section 12-4.2 or subdivision (e)(1),
26(e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or

 

 

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1heinous battery involving permanent disability or
2disfigurement or great bodily harm, robbery, aggravated
3robbery, armed robbery, vehicular hijacking, aggravated
4vehicular hijacking, vehicular invasion, arson, aggravated
5arson, kidnapping, aggravated kidnapping, home invasion,
6burglary, or residential burglary.
7    (c) Except as otherwise provided in paragraph (a), (d), or
8(e), no minor shall be detained in a county jail or municipal
9lockup for more than 12 hours, unless the offense is a crime of
10violence in which case the minor may be detained up to 24
11hours. For the purpose of this paragraph, "crime of violence"
12has the meaning ascribed to it in Section 1-10 of the
13Alcoholism and Other Drug Abuse and Dependency Act.
14        (i) The period of detention is deemed to have begun
15    once the minor has been placed in a locked room or cell or
16    handcuffed to a stationary object in a building housing a
17    county jail or municipal lockup. Time spent transporting a
18    minor is not considered to be time in detention or secure
19    custody.
20        (ii) Any minor so confined shall be under periodic
21    supervision and shall not be permitted to come into or
22    remain in contact with adults in custody in the building.
23        (iii) Upon placement in secure custody in a jail or
24    lockup, the minor shall be informed of the purpose of the
25    detention, the time it is expected to last and the fact
26    that it cannot exceed the time specified under this Act.

 

 

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1        (iv) A log shall be kept which shows the offense which
2    is the basis for the detention, the reasons and
3    circumstances for the decision to detain, and the length
4    of time the minor was in detention.
5        (v) Violation of the time limit on detention in a
6    county jail or municipal lockup shall not, in and of
7    itself, render inadmissible evidence obtained as a result
8    of the violation of this time limit. Minors under 18 years
9    of age shall be kept separate from confined adults and may
10    not at any time be kept in the same cell, room, or yard
11    with adults confined pursuant to criminal law. Persons 18
12    years of age and older who have a petition of delinquency
13    filed against them may be confined in an adult detention
14    facility. In making a determination whether to confine a
15    person 18 years of age or older who has a petition of
16    delinquency filed against the person, these factors, among
17    other matters, shall be considered:
18            (A) the age of the person;
19            (B) any previous delinquent or criminal history of
20        the person;
21            (C) any previous abuse or neglect history of the
22        person; and
23            (D) any mental health or educational history of
24        the person, or both.
25    (d) (i) If a minor 12 years of age or older is confined in
26a county jail in a county with a population below 3,000,000

 

 

SB2374- 6 -LRB102 14153 KMF 19505 b

1inhabitants, then the minor's confinement shall be implemented
2in such a manner that there will be no contact by sight, sound,
3or otherwise between the minor and adult prisoners. Minors 12
4years of age or older must be kept separate from confined
5adults and may not at any time be kept in the same cell, room,
6or yard with confined adults. This paragraph (d)(i) shall only
7apply to confinement pending an adjudicatory hearing and shall
8not exceed 40 hours, excluding Saturdays, Sundays, and
9court-designated holidays. To accept or hold minors during
10this time period, county jails shall comply with all
11monitoring standards adopted by the Department of Corrections
12and training standards approved by the Illinois Law
13Enforcement Training Standards Board.
14    (ii) To accept or hold minors, 12 years of age or older,
15after the time period prescribed in paragraph (d)(i) of this
16subsection (2) of this Section but not exceeding 7 days
17including Saturdays, Sundays, and holidays pending an
18adjudicatory hearing, county jails shall comply with all
19temporary detention standards adopted by the Department of
20Corrections and training standards approved by the Illinois
21Law Enforcement Training Standards Board.
22    (iii) To accept or hold minors 12 years of age or older,
23after the time period prescribed in paragraphs (d)(i) and
24(d)(ii) of this subsection (2) of this Section, county jails
25shall comply with all county juvenile detention standards
26adopted by the Department of Juvenile Justice.

 

 

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1    (e) When a minor who is at least 15 years of age is
2prosecuted under the criminal laws of this State, the court
3may enter an order directing that the juvenile be confined in
4the county jail. However, any juvenile confined in the county
5jail under this provision shall be separated from adults who
6are confined in the county jail in such a manner that there
7will be no contact by sight, sound or otherwise between the
8juvenile and adult prisoners.
9    (f) For purposes of appearing in a physical lineup, the
10minor may be taken to a county jail or municipal lockup under
11the direct and constant supervision of a juvenile police
12officer. During such time as is necessary to conduct a lineup,
13and while supervised by a juvenile police officer, the sight
14and sound separation provisions shall not apply.
15    (g) For purposes of processing a minor, the minor may be
16taken to a county jail or municipal lockup under the direct and
17constant supervision of a law enforcement officer or
18correctional officer. During such time as is necessary to
19process the minor, and while supervised by a law enforcement
20officer or correctional officer, the sight and sound
21separation provisions shall not apply.
22    (3) If the probation officer or State's Attorney (or such
23other public officer designated by the court in a county
24having 3,000,000 or more inhabitants) determines that the
25minor may be a delinquent minor as described in subsection (3)
26of Section 5-105, and should be retained in custody but does

 

 

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1not require physical restriction, the minor may be placed in
2non-secure custody for up to 40 hours pending a detention
3hearing.
4    (4) Any minor taken into temporary custody, not requiring
5secure detention, may, however, be detained in the home of his
6or her parent or guardian subject to such conditions as the
7court may impose.
8    (5) The changes made to this Section by Public Act 98-61
9apply to a minor who has been arrested or taken into custody on
10or after January 1, 2014 (the effective date of Public Act
1198-61).
12(Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
 
13    (705 ILCS 405/5-415)
14    Sec. 5-415. Setting of detention or shelter care hearing;
15release.
16    (1) Unless sooner released, a minor alleged to be a
17delinquent minor taken into temporary custody must be brought
18before a judicial officer within 48 40 hours for a detention or
19shelter care hearing to determine whether he or she shall be
20further held in custody. If a minor alleged to be a delinquent
21minor taken into custody is hospitalized or is receiving
22treatment for a physical or mental condition, and is unable to
23be brought before a judicial officer for a detention or
24shelter care hearing, the 48 40 hour period will not commence
25until the minor is released from the hospital or place of

 

 

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1treatment. If the minor gives false information to law
2enforcement officials regarding the minor's identity or age,
3the 48 40 hour period will not commence until the court rules
4that the minor is subject to this Act and not subject to
5prosecution under the Criminal Code of 1961 or the Criminal
6Code of 2012. Any other delay attributable to a minor alleged
7to be a delinquent minor who is taken into temporary custody
8shall act to toll the 48 40 hour time period. The 48 40 hour
9time period shall be tolled to allow counsel for the minor to
10prepare for the detention or shelter care hearing, upon a
11motion filed by such counsel and granted by the court. In all
12cases, the 48 40 hour time period includes any Saturday,
13Sunday, or court-designated holiday within the period is
14exclusive of Saturdays, Sundays and court-designated holidays.
15    (2) If the State's Attorney or probation officer (or other
16public officer designated by the court in a county having more
17than 3,000,000 inhabitants) determines that the minor should
18be retained in custody, he or she shall cause a petition to be
19filed as provided in Section 5-520 of this Article, and the
20clerk of the court shall set the matter for hearing on the
21detention or shelter care hearing calendar. Immediately upon
22the filing of a petition in the case of a minor retained in
23custody, the court shall cause counsel to be appointed to
24represent the minor. When a parent, legal guardian, custodian,
25or responsible relative is present and so requests, the
26detention or shelter care hearing shall be held immediately if

 

 

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1the court is in session and the State is ready to proceed,
2otherwise at the earliest feasible time. In no event shall a
3detention or shelter care hearing be held until the minor has
4had adequate opportunity to consult with counsel. The
5probation officer or such other public officer designated by
6the court in a county having more than 3,000,000 inhabitants
7shall notify the minor's parent, legal guardian, custodian, or
8responsible relative of the time and place of the hearing. The
9notice may be given orally.
10    (3) The minor must be released from custody at the
11expiration of the 48 40 hour period specified by this Section
12if not brought before a judicial officer within that period.
13    (4) After the initial 48 40 hour period has lapsed, the
14court may review the minor's custodial status at any time
15prior to the trial or sentencing hearing. If during this time
16period new or additional information becomes available
17concerning the minor's conduct, the court may conduct a
18hearing to determine whether the minor should be placed in a
19detention or shelter care facility. If the court finds that
20there is probable cause that the minor is a delinquent minor
21and that it is a matter of immediate and urgent necessity for
22the protection of the minor or of the person or property of
23another, or that he or she is likely to flee the jurisdiction
24of the court, the court may order that the minor be placed in
25detention or shelter care.
26(Source: P.A. 97-1150, eff. 1-25-13.)
 

 

 

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1    (705 ILCS 405/5-420 new)
2    Sec. 5-420. Minor's appearance by closed circuit
3television and video conference.
4    (a) If an appearance under this Act is required of any
5minor taken and held in a place of custody or confinement
6operated by the State or any of its political subdivisions,
7including counties and municipalities, the chief judge of the
8circuit may permit by rule for the minor's personal appearance
9to be made by means of two-way audio-visual communication,
10including closed circuit television and computerized video
11conference, in the following proceedings:
12        (1) the initial appearance before a judge;
13        (2) a detention or shelter care hearing; or
14        (3) any status hearing.
15    (b) The two-way audio-visual communication facilities must
16provide two-way audio-visual communication between the court
17and the place of custody or confinement and must include a
18secure line over which the minor in custody and his or her
19counsel may communicate.
20    (c) Nothing in this Section shall be construed to prohibit
21other court appearances through the use of two-way
22audio-visual communication, upon waiver of any right the minor
23in custody or confinement may have to be present physically.
24    (d) Nothing in this Section shall be construed to
25establish a right of any minor held in custody or confinement

 

 

SB2374- 12 -LRB102 14153 KMF 19505 b

1to appear in court through two-way audio-visual communication
2or to require that any governmental entity, or place of
3custody or confinement, provide two-way audio-visual
4communication.
 
5    Section 10. The Probation and Probation Officers Act is
6amended by changing Section 15 as follows:
 
7    (730 ILCS 110/15)  (from Ch. 38, par. 204-7)
8    Sec. 15. (1) The Supreme Court of Illinois may establish a
9Division of Probation Services whose purpose shall be the
10development, establishment, promulgation, and enforcement of
11uniform standards for probation services in this State, and to
12otherwise carry out the intent of this Act. The Division may:
13        (a) establish qualifications for chief probation
14    officers and other probation and court services personnel
15    as to hiring, promotion, and training.
16        (b) make available, on a timely basis, lists of those
17    applicants whose qualifications meet the regulations
18    referred to herein, including on said lists all candidates
19    found qualified.
20        (c) establish a means of verifying the conditions for
21    reimbursement under this Act and develop criteria for
22    approved costs for reimbursement.
23        (d) develop standards and approve employee
24    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
14    their 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
2    rate of adult or juvenile offenders committed to the
3    Department 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 adopt a statewide juvenile detention
8screening instrument that has been verified through
9evidence-based and data-based practices that is to be used by
10all authorized juvenile detention facilities. The scoring for
11this screening tool may include, but is not limited to, the
12following determinations or factors:
13        (i) the likelihood that the juvenile will appear in
14    court;
15        (ii) the severity of the charge against the juvenile;
16        (iii) whether the current incident involved violence
17    or a weapon, or the threat of or use of a weapon;
18        (iv) the number of prior interactions the juvenile has
19    with the juvenile justice system;
20        (v) whether prior incidents of the juvenile involved
21    violence or a weapon, or the threat of or use of a weapon;
22        (vi) whether there is a safe environment to return the
23    juvenile to; and
24        (vii) whether the family members of the juvenile would
25    feel safe if the juvenile returns to his or her home
26    environment.

 

 

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1    This screening tool and its use shall be race and gender
2neutral and shall include protections from all forms of bias.
3The Division may recommend and adopt updates to the screening
4tool and its usage on a regular basis.
5    The Division shall develop standards to implement the
6Domestic Violence Surveillance Program established under
7Section 5-8A-7 of the Unified Code of Corrections, including
8(i) procurement of equipment and other services necessary to
9implement the program and (ii) development of uniform
10standards for the delivery of the program through county
11probation departments, and develop standards for collecting
12data to evaluate the impact and costs of the Domestic Violence
13Surveillance Program.
14    The Division shall establish a model list of structured
15intermediate sanctions that may be imposed by a probation
16agency for violations of terms and conditions of a sentence of
17probation, conditional discharge, or supervision.
18    The Division shall establish training standards for
19continuing education of probation officers and supervisors and
20broaden access to available training programs.
21    The State of Illinois shall provide for the costs of
22personnel, travel, equipment, telecommunications, postage,
23commodities, printing, space, contractual services and other
24related costs necessary to carry out the intent of this Act.
25    (2)(a) The chief judge of each circuit shall provide
26full-time probation services for all counties within the

 

 

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1circuit, in a manner consistent with the annual probation
2plan, the standards, policies, and regulations established by
3the Supreme Court. A probation district of two or more
4counties within a circuit may be created for the purposes of
5providing full-time probation services. Every county or group
6of counties within a circuit shall maintain a probation
7department which shall be under the authority of the Chief
8Judge of the circuit or some other judge designated by the
9Chief Judge. The Chief Judge, through the Probation and Court
10Services Department shall submit annual plans to the Division
11for probation and related services.
12    (b) The Chief Judge of each circuit shall appoint the
13Chief Probation Officer and all other probation officers for
14his or her circuit from lists of qualified applicants supplied
15by the Supreme Court. Candidates for chief managing officer
16and other probation officer positions must apply with both the
17Chief Judge of the circuit and the Supreme Court.
18    (3) A Probation and Court Service Department shall apply
19to the Supreme Court for funds for basic services, and may
20apply for funds for new and expanded programs or
21Individualized Services and Programs. Costs shall be
22reimbursed monthly based on a plan and budget approved by the
23Supreme Court. No Department may be reimbursed for costs which
24exceed or are not provided for in the approved annual plan and
25budget. After the effective date of this amendatory Act of
261985, each county must provide basic services in accordance

 

 

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

 

 

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1    program.
2        (d) $1,000 per month for salaries for the remaining
3    probation officer positions engaged in basic services and
4    new or expanded services. All such positions shall be
5    approved by the division in accordance with this Act and
6    division standards.
7        (e) 100% of the travel expenses in accordance with
8    Division standards for all Probation positions approved
9    under paragraph (b) of subsection 4 of this Section.
10        (f) If the amount of funds reimbursed to the county
11    under paragraphs (a) through (e) of subsection 4 of this
12    Section on an annual basis is less than the amount the
13    county had received during the 12 month period immediately
14    prior to the effective date of this amendatory Act of
15    1985, then the Division shall reimburse the amount of the
16    difference to the county. The effect of paragraph (b) of
17    subsection 7 of this Section shall be considered in
18    implementing this supplemental reimbursement provision.
19    (5) The Division shall provide funds beginning on April 1,
201987 for the counties to provide Individualized Services and
21Programs as provided in Section 16 of this Act.
22    (6) A Probation and Court Services Department in order to
23be eligible for the reimbursement must submit to the Supreme
24Court an application containing such information and in such a
25form and by such dates as the Supreme Court may require.
26Departments to be eligible for funding must satisfy the

 

 

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1following conditions:
2        (a) The Department shall have on file with the Supreme
3    Court an annual Probation plan for continuing, improved,
4    and new Probation and Court Services Programs approved by
5    the Supreme Court or its designee. This plan shall
6    indicate the manner in which Probation and Court Services
7    will be delivered and improved, consistent with the
8    minimum standards and regulations for Probation and Court
9    Services, as established by the Supreme Court. In counties
10    with more than one Probation and Court Services Department
11    eligible to receive funds, all Departments within that
12    county must submit plans which are approved by the Supreme
13    Court.
14        (b) The annual probation plan shall seek to generally
15    improve the quality of probation services and to reduce
16    the commitment of adult offenders to the Department of
17    Corrections and to reduce the commitment of juvenile
18    offenders to the Department of Juvenile Justice and shall
19    require, when appropriate, coordination with the
20    Department of Corrections, the Department of Juvenile
21    Justice, and the Department of Children and Family
22    Services in the development and use of community
23    resources, information systems, case review and permanency
24    planning systems to avoid the duplication of services.
25        (c) The Department shall be in compliance with
26    standards developed by the Supreme Court for basic, new

 

 

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1    and expanded services, training, personnel hiring and
2    promotion.
3        (d) The Department shall in its annual plan indicate
4    the manner in which it will support the rights of crime
5    victims and in which manner it will implement Article I,
6    Section 8.1 of the Illinois Constitution and in what
7    manner it will coordinate crime victims' support services
8    with other criminal justice agencies within its
9    jurisdiction, including but not limited to, the State's
10    Attorney, the Sheriff and any municipal police department.
11    (7) No statement shall be verified by the Supreme Court or
12its designee or vouchered by the Comptroller unless each of
13the following conditions have been met:
14        (a) The probation officer is a full-time employee
15    appointed by the Chief Judge to provide probation
16    services.
17        (b) The probation officer, in order to be eligible for
18    State reimbursement, is receiving a salary of at least
19    $17,000 per year.
20        (c) The probation officer is appointed or was
21    reappointed in accordance with minimum qualifications or
22    criteria established by the Supreme Court; however, all
23    probation officers appointed prior to January 1, 1978,
24    shall be exempted from the minimum requirements
25    established by the Supreme Court. Payments shall be made
26    to counties employing these exempted probation officers as

 

 

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1    long as they are employed in the position held on the
2    effective date of this amendatory Act of 1985. Promotions
3    shall be governed by minimum qualifications established by
4    the Supreme Court.
5        (d) The Department has an established compensation
6    schedule approved by the Supreme Court. The compensation
7    schedule shall include salary ranges with necessary
8    increments to compensate each employee. The increments
9    shall, within the salary ranges, be based on such factors
10    as bona fide occupational qualifications, performance, and
11    length of service. Each position in the Department shall
12    be placed on the compensation schedule according to job
13    duties and responsibilities of such position. The policy
14    and procedures of the compensation schedule shall be made
15    available to each employee.
16    (8) In order to obtain full reimbursement of all approved
17costs, each Department must continue to employ at least the
18same number of probation officers and probation managers as
19were authorized for employment for the fiscal year which
20includes January 1, 1985. This number shall be designated as
21the base amount of the Department. No positions approved by
22the Division under paragraph (b) of subsection 4 will be
23included in the base amount. In the event that the Department
24employs fewer Probation officers and Probation managers than
25the base amount for a period of 90 days, funding received by
26the Department under subsection 4 of this Section may be

 

 

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1reduced on a monthly basis by the amount of the current
2salaries of any positions below the base amount.
3    (9) Before the 15th day of each month, the treasurer of any
4county which has a Probation and Court Services Department, or
5the treasurer of the most populous county, in the case of a
6Probation or Court Services Department funded by more than one
7county, shall submit an itemized statement of all approved
8costs incurred in the delivery of Basic Probation and Court
9Services under this Act to the Supreme Court. The treasurer
10may also submit an itemized statement of all approved costs
11incurred in the delivery of new and expanded Probation and
12Court Services as well as Individualized Services and
13Programs. The Supreme Court or its designee shall verify
14compliance with this Section and shall examine and audit the
15monthly statement and, upon finding them to be correct, shall
16forward them to the Comptroller for payment to the county
17treasurer. In the case of payment to a treasurer of a county
18which is the most populous of counties sharing the salary and
19expenses of a Probation and Court Services Department, the
20treasurer shall divide the money between the counties in a
21manner that reflects each county's share of the cost incurred
22by the Department.
23    (10) The county treasurer must certify that funds received
24under this Section shall be used solely to maintain and
25improve Probation and Court Services. The county or circuit
26shall remain in compliance with all standards, policies and

 

 

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1regulations established by the Supreme Court. If at any time
2the Supreme Court determines that a county or circuit is not in
3compliance, the Supreme Court shall immediately notify the
4Chief Judge, county board chairman and the Director of Court
5Services Chief Probation Officer. If after 90 days of written
6notice the noncompliance still exists, the Supreme Court shall
7be required to reduce the amount of monthly reimbursement by
810%. An additional 10% reduction of monthly reimbursement
9shall occur for each consecutive month of noncompliance.
10Except as provided in subsection 5 of Section 15, funding to
11counties shall commence on April 1, 1986. Funds received under
12this Act shall be used to provide for Probation Department
13expenses including those required under Section 13 of this
14Act. The Mandatory Arbitration Fund may be used to provide for
15Probation Department expenses, including those required under
16Section 13 of this Act.
17    (11) The respective counties shall be responsible for
18capital and space costs, fringe benefits, clerical costs,
19equipment, telecommunications, postage, commodities and
20printing.
21    (12) For purposes of this Act only, probation officers
22shall be considered peace officers. In the exercise of their
23official duties, probation officers, sheriffs, and police
24officers may, anywhere within the State, arrest any
25probationer who is in violation of any of the conditions of his
26or her probation, conditional discharge, or supervision, and

 

 

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1it shall be the duty of the officer making the arrest to take
2the probationer before the Court having jurisdiction over the
3probationer for further order.
4(Source: P.A. 100-91, eff. 8-11-17.)