Full Text of SB3783 102nd General Assembly
SB3783 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3783 Introduced 1/21/2022, by Sen. John Connor SYNOPSIS AS INTRODUCED: |
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730 ILCS 110/15 | from Ch. 38, par. 204-7 |
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Amends the Probation and Probation Officers Act. Provides that a probation or court services department shall receive reimbursement from the Division of Probation Services for the employment of part-time detention officers if the officers are fully qualified and trained, other than being part-time, in order to maintain staffing requirements. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Probation and Probation Officers Act is | 5 | | amended 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 | 8 | | Division of
Probation Services whose purpose shall be the | 9 | | development, establishment,
promulgation, and enforcement of | 10 | | uniform standards for probation services in
this State, and to | 11 | | otherwise 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 | 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 develop standards to implement the | 8 | | Domestic Violence Surveillance Program established under | 9 | | Section 5-8A-7 of the Unified Code of Corrections, including | 10 | | (i) procurement of equipment and other services necessary to | 11 | | implement the program and (ii) development of uniform | 12 | | standards for the delivery of the program through county | 13 | | probation departments, and develop standards for collecting | 14 | | data to evaluate the impact and costs of the Domestic Violence | 15 | | Surveillance Program. | 16 | | The Division shall establish a model list of structured | 17 | | intermediate
sanctions that may be imposed by a probation | 18 | | agency for violations of terms and
conditions of a sentence of | 19 | | probation, conditional discharge, or supervision.
| 20 | | The Division shall establish training standards for | 21 | | continuing education of probation officers and supervisors and | 22 | | broaden access to available training programs. | 23 | | The State of Illinois shall provide for the costs of | 24 | | personnel, travel,
equipment, telecommunications, postage, | 25 | | commodities, printing, space,
contractual services and other | 26 | | related 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
| 2 | | full-time probation services for all counties
within the | 3 | | circuit, in a
manner consistent with the annual probation | 4 | | plan,
the standards, policies,
and regulations established by | 5 | | the Supreme Court. A
probation district of
two or more | 6 | | counties within a circuit may be created for the purposes of
| 7 | | providing full-time probation services. Every
county or group | 8 | | of
counties within a circuit shall maintain a
probation | 9 | | department which shall
be under the authority of the Chief | 10 | | Judge of the circuit or some other
judge designated by the | 11 | | Chief Judge. The Chief Judge, through the
Probation and Court | 12 | | Services Department shall
submit annual plans to the
Division | 13 | | for probation and related services.
| 14 | | (b) The Chief Judge of each circuit shall appoint the | 15 | | Chief
Probation
Officer and all other probation officers for | 16 | | his
or her circuit from lists
of qualified applicants supplied | 17 | | by the Supreme Court. Candidates for chief
managing officer | 18 | | and other probation officer
positions must apply with both
the | 19 | | Chief Judge of the circuit and the Supreme Court.
| 20 | | (3) A Probation and Court Service Department
shall apply | 21 | | to the
Supreme Court for funds for basic services, and may | 22 | | apply for funds for new
and expanded programs or | 23 | | Individualized Services and Programs. Costs shall
be | 24 | | reimbursed monthly based on a plan and budget approved by the | 25 | | Supreme
Court. No Department may be reimbursed for costs which | 26 | | exceed or are not
provided for in the approved annual plan and |
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| 1 | | budget. After the effective
date of this amendatory Act of | 2 | | 1985, each county must provide basic
services in accordance | 3 | | with the annual plan and standards created by the
division. No | 4 | | department may receive funds for new or expanded programs or
| 5 | | individualized services and programs unless they are in | 6 | | compliance with
standards as enumerated in paragraph (h) of | 7 | | subsection (1) of this Section,
the annual plan, and standards | 8 | | for basic services.
| 9 | | (4) The Division shall reimburse the county or counties | 10 | | for
probation
services as follows:
| 11 | | (a) 100% of the salary of all chief managing officers | 12 | | designated as such
by the Chief Judge and the division.
| 13 | | (b) 100% of the salary for all probation
officer and | 14 | | supervisor
positions approved for reimbursement by the | 15 | | division after April 1, 1984,
to meet workload standards | 16 | | and to implement intensive sanction and
probation
| 17 | | supervision
programs and other basic services as defined | 18 | | 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.
| 9 | | (e) 100% of the travel expenses in accordance with | 10 | | Division standards
for all Probation positions approved | 11 | | under
paragraph (b) of subsection 4
of this Section.
| 12 | | (f) If the amount of funds reimbursed to the county | 13 | | under paragraphs
(a) through (e) of subsection 4 of this | 14 | | Section on an annual basis is less
than the amount the | 15 | | county had received during the 12 month period
immediately | 16 | | prior to the effective date of this amendatory Act of | 17 | | 1985,
then the Division shall reimburse the amount of the | 18 | | difference to the
county. The effect of paragraph (b) of | 19 | | subsection 7 of this Section shall
be considered in | 20 | | implementing this supplemental reimbursement provision.
| 21 | | (5) The Division shall provide funds beginning on April 1, | 22 | | 1987 for the
counties to provide Individualized Services and | 23 | | Programs as provided in
Section 16 of this Act.
| 24 | | (6) A Probation and Court Services Department
in order to | 25 | | be eligible
for the reimbursement must submit to the Supreme | 26 | | Court an application
containing such information and in such a |
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| 1 | | form and by such dates as the
Supreme Court may require. | 2 | | Departments to be eligible for funding must
satisfy the | 3 | | following conditions:
| 4 | | (a) The Department shall have on file with the Supreme
| 5 | | Court an annual Probation plan for continuing,
improved, | 6 | | and
new Probation and Court Services Programs
approved by | 7 | | the Supreme Court or its
designee. This plan shall | 8 | | indicate the manner in which
Probation and Court
Services | 9 | | will be delivered and improved, consistent with the | 10 | | minimum
standards and regulations for Probation and Court
| 11 | | Services, as established
by the Supreme Court. In counties | 12 | | with more than one
Probation and Court
Services Department | 13 | | eligible to receive funds, all Departments within that
| 14 | | county must submit plans which are approved by the Supreme | 15 | | Court.
| 16 | | (b) The annual probation plan shall seek to
generally | 17 | | improve the
quality of probation services and to reduce | 18 | | the
commitment of adult offenders to the Department of | 19 | | Corrections and to reduce the
commitment of juvenile | 20 | | offenders to the Department of Juvenile Justice and shall | 21 | | require, when
appropriate, coordination with the | 22 | | Department of Corrections, the Department of Juvenile | 23 | | Justice, and the
Department of Children and Family | 24 | | Services in the development and use of
community | 25 | | resources, information systems, case review and permanency
| 26 | | planning systems to avoid the duplication of services.
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| 1 | | (c) The Department shall be in compliance with | 2 | | standards developed by the
Supreme Court for basic, new | 3 | | and expanded services, training, personnel
hiring and | 4 | | promotion.
| 5 | | (d) The Department shall in its annual plan indicate | 6 | | the manner in which
it will support the rights of crime | 7 | | victims and in which manner it will
implement Article I, | 8 | | Section 8.1 of the Illinois Constitution and in what
| 9 | | manner it will coordinate crime victims' support services | 10 | | with other criminal
justice agencies within its | 11 | | jurisdiction, including but not limited to, the
State's | 12 | | Attorney, the Sheriff and any municipal police department.
| 13 | | (7) No statement shall be verified by the Supreme Court or | 14 | | its
designee or vouchered by the Comptroller unless each of | 15 | | the following
conditions have been met:
| 16 | | (a) The probation officer is a full-time
employee | 17 | | appointed by the Chief
Judge to provide probation | 18 | | services.
| 19 | | (b) The probation officer, in order to be
eligible for | 20 | | State
reimbursement, is receiving a salary of at least | 21 | | $17,000 per year.
| 22 | | (c) The probation officer is appointed or
was | 23 | | reappointed in accordance
with minimum qualifications or | 24 | | criteria established by the Supreme
Court; however, all | 25 | | probation officers appointed
prior to January 1, 1978,
| 26 | | shall be exempted from the minimum requirements |
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| 1 | | established by the Supreme
Court. Payments shall be made | 2 | | to counties employing these exempted
probation officers as | 3 | | long as they are employed
in the position held on the
| 4 | | effective date of this amendatory Act of 1985. Promotions | 5 | | shall be
governed by minimum qualifications established by | 6 | | the Supreme Court.
| 7 | | (d) The Department has an established compensation | 8 | | schedule approved by
the Supreme Court. The compensation | 9 | | schedule shall include salary ranges
with necessary | 10 | | increments to compensate each employee. The increments
| 11 | | shall, within the salary ranges, be based on such factors | 12 | | as bona fide
occupational qualifications, performance, and | 13 | | length of service. Each
position in the Department shall | 14 | | be placed on the compensation schedule
according to job | 15 | | duties and responsibilities of such position. The policy
| 16 | | and procedures of the compensation schedule shall be made | 17 | | available to each
employee.
| 18 | | (e) The Department shall receive reimbursement for the | 19 | | employment of part-time detention officers if the officers | 20 | | are fully qualified and trained, other than being | 21 | | part-time, in order to maintain staffing requirements. | 22 | | (8) In order to obtain full reimbursement of all approved | 23 | | costs, each
Department must continue to employ at least the | 24 | | same number of
probation
officers and probation managers as | 25 | | were
authorized for employment for the
fiscal year which | 26 | | includes January 1, 1985. This number shall be designated
as |
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| 1 | | the base amount of the Department. No positions approved by | 2 | | the Division
under paragraph (b) of subsection 4 will be | 3 | | included in the base amount.
In the event that the Department | 4 | | employs fewer
Probation officers and
Probation managers than | 5 | | the base amount for a
period of 90 days, funding
received by | 6 | | the Department under subsection 4 of this
Section may be | 7 | | reduced on a monthly basis by the amount of the current
| 8 | | salaries of any positions below the base amount.
| 9 | | (9) Before the 15th day of each month, the treasurer of any | 10 | | county which
has a Probation and Court Services Department, or
| 11 | | the treasurer of the most
populous county, in the case of a | 12 | | Probation or
Court Services Department
funded by more than one | 13 | | county, shall submit an itemized statement of all
approved | 14 | | costs incurred in the delivery of Basic
Probation and Court
| 15 | | Services under this Act to the Supreme Court.
The treasurer | 16 | | may also submit an itemized statement of all approved costs
| 17 | | incurred in the delivery of new and expanded
Probation and | 18 | | Court Services
as well as Individualized Services and | 19 | | Programs. The Supreme Court or
its designee shall verify | 20 | | compliance with this Section and shall examine
and audit the | 21 | | monthly statement and, upon finding them to be correct, shall
| 22 | | forward them to the Comptroller for payment to the county | 23 | | treasurer. In the
case of payment to a treasurer of a county | 24 | | which is the most populous of
counties sharing the salary and | 25 | | expenses of a
Probation and Court Services
Department, the | 26 | | treasurer shall divide the money between the counties in a
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| 1 | | manner that reflects each county's share of the cost incurred | 2 | | by the
Department.
| 3 | | (10) The county treasurer must certify that funds received | 4 | | under this
Section shall be used solely to maintain and | 5 | | improve
Probation and Court
Services. The county or circuit | 6 | | shall remain in compliance with all
standards, policies and | 7 | | regulations established by the Supreme Court.
If at any time | 8 | | the Supreme Court determines that a county or circuit is not
in | 9 | | compliance, the Supreme Court shall immediately notify the | 10 | | Chief Judge,
county board chairman and the Director of Court | 11 | | Services Chief
Probation Officer. If after 90 days of written
| 12 | | notice the noncompliance
still exists, the Supreme Court shall | 13 | | be required to reduce the amount of
monthly reimbursement by | 14 | | 10%. An additional 10% reduction of monthly
reimbursement | 15 | | shall occur for each consecutive month of noncompliance.
| 16 | | Except as provided in subsection 5 of Section 15, funding to | 17 | | counties shall
commence on April 1, 1986. Funds received under | 18 | | this Act shall be used to
provide for Probation Department | 19 | | expenses
including those required under
Section 13 of this | 20 | | Act. The Mandatory
Arbitration Fund may be used to provide for | 21 | | Probation Department expenses,
including those required under | 22 | | Section 13 of this Act.
| 23 | | (11) The respective counties shall be responsible for | 24 | | capital and space
costs, fringe benefits, clerical costs, | 25 | | equipment, telecommunications,
postage, commodities and | 26 | | printing.
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| 1 | | (12) For purposes of this Act only, probation officers | 2 | | shall be
considered
peace officers. In the
exercise of their | 3 | | official duties, probation
officers, sheriffs, and police
| 4 | | officers may, anywhere within the State, arrest any | 5 | | probationer who is in
violation of any of the conditions of his | 6 | | or her probation, conditional
discharge, or supervision, and | 7 | | it shall be the
duty of the officer making the arrest to take | 8 | | the probationer
before the
Court having jurisdiction over the | 9 | | probationer for further order.
| 10 | | (Source: P.A. 100-91, eff. 8-11-17.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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