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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2581 Introduced 2/7/2018, by Sen. John G. Mulroe 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 |
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Amends the Juvenile Court Act of 1987. Provides that on and after July 1, 2020, 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: the initial appearance before a judge; a detention or shelter care hearing; or 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. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning courts.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Juvenile Court Act of 1987 is amended by |
5 | | changing Sections 5-410 and 5-415 and by adding Section 5-420 |
6 | | as follows:
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7 | | (705 ILCS 405/5-410)
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8 | | Sec. 5-410. Non-secure custody or detention.
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9 | | (1) Any minor arrested or taken into custody pursuant to |
10 | | this Act who
requires care away from his or her home but who |
11 | | does not require physical
restriction shall be given temporary |
12 | | care in a foster family home or other
shelter facility |
13 | | designated by the court.
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14 | | (2) (a) Any minor 10 years of age or older arrested
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15 | | pursuant to this Act where there is probable cause to believe |
16 | | that the minor
is a delinquent minor and that
(i) secured |
17 | | custody is a matter of immediate and urgent necessity for the
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18 | | protection of the minor or of the person or property of |
19 | | another, (ii) the minor
is likely to flee the jurisdiction of |
20 | | the court, or (iii) the minor was taken
into custody under a |
21 | | warrant, may be kept or detained in an authorized
detention |
22 | | facility. A minor under 13 years of age shall not be admitted, |
23 | | kept, or detained in a detention facility unless a local youth |
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1 | | service provider, including a provider through the |
2 | | Comprehensive Community Based Youth Services network, has been |
3 | | contacted and has not been able to accept the minor. No minor |
4 | | under 12 years of age shall be detained in a
county jail or a |
5 | | municipal lockup for more than 6 hours.
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6 | | (b) The written authorization of the probation officer or |
7 | | detention officer
(or other public officer designated by the |
8 | | court in a county having
3,000,000 or more inhabitants) |
9 | | constitutes authority for the superintendent of
any juvenile |
10 | | detention home to detain and keep a minor for up to 48 40 |
11 | | hours ,
excluding Saturdays, Sundays and court-designated |
12 | | holidays . These
records shall be available to the same persons |
13 | | and pursuant to the same
conditions as are law enforcement |
14 | | records as provided in Section 5-905.
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15 | | (b-4) The consultation required by subsection (b-5) shall |
16 | | not be applicable
if the probation officer or detention officer |
17 | | (or other public officer
designated
by the court in a
county |
18 | | having 3,000,000 or more inhabitants) utilizes a scorable |
19 | | detention
screening instrument, which has been developed with |
20 | | input by the State's
Attorney, to
determine whether a minor |
21 | | should be detained, however, subsection (b-5) shall
still be |
22 | | applicable where no such screening instrument is used or where |
23 | | the
probation officer, detention officer (or other public |
24 | | officer designated by the
court in a county
having 3,000,000 or |
25 | | more inhabitants) deviates from the screening instrument.
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26 | | On and after July 1, 2020, a detention screening instrument |
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1 | | shall be used for referrals to all authorized juvenile |
2 | | detention facilities in this State prior to a judicial hearing. |
3 | | The detention screening instrument shall be developed and |
4 | | validated by the Probation Division of the Administrative |
5 | | Office of the Illinois Courts, as provided in Section 15 of the |
6 | | Probation and Probation Officers Act, and subject to approval |
7 | | by the Chief Judge of each Circuit. |
8 | | (b-5) Subject to the provisions of subsection (b-4), if a |
9 | | probation officer
or detention officer
(or other public officer |
10 | | designated by
the court in a county having 3,000,000 or more |
11 | | inhabitants) does not intend to
detain a minor for an offense |
12 | | which constitutes one of the following offenses
he or she shall |
13 | | consult with the State's Attorney's Office prior to the release
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14 | | of the minor: first degree murder, second degree murder, |
15 | | involuntary
manslaughter, criminal sexual assault, aggravated |
16 | | criminal sexual assault,
aggravated battery with a firearm as |
17 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), |
18 | | (e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous |
19 | | battery involving
permanent disability or disfigurement or |
20 | | great bodily harm, robbery, aggravated
robbery, armed robbery, |
21 | | vehicular hijacking, aggravated vehicular hijacking,
vehicular |
22 | | invasion, arson, aggravated arson, kidnapping, aggravated |
23 | | kidnapping,
home invasion, burglary, or residential burglary.
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24 | | (c) Except as otherwise provided in paragraph (a), (d), or |
25 | | (e), no minor
shall
be detained in a county jail or municipal |
26 | | lockup for more than 12 hours, unless
the offense is a crime of |
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1 | | violence in which case the minor may be detained up
to 24 |
2 | | hours. For the purpose of this paragraph, "crime of violence" |
3 | | has the
meaning
ascribed to it in Section 1-10 of the |
4 | | Alcoholism and Other Drug Abuse and
Dependency Act.
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5 | | (i) The
period of detention is deemed to have begun |
6 | | once the minor has been placed in a
locked room or cell or |
7 | | handcuffed to a stationary object in a building housing
a |
8 | | county jail or municipal lockup. Time spent transporting a |
9 | | minor is not
considered to be time in detention or secure |
10 | | custody.
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11 | | (ii) Any minor so
confined shall be under periodic |
12 | | supervision and shall not be permitted to come
into or |
13 | | remain in contact with adults in custody in the building.
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14 | | (iii) Upon
placement in secure custody in a jail or |
15 | | lockup, the
minor shall be informed of the purpose of the |
16 | | detention, the time it is
expected to last and the fact |
17 | | that it cannot exceed the time specified under
this Act.
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18 | | (iv) A log shall
be kept which shows the offense which |
19 | | is the basis for the detention, the
reasons and |
20 | | circumstances for the decision to detain and the length of |
21 | | time the
minor was in detention.
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22 | | (v) Violation of the time limit on detention
in a |
23 | | county jail or municipal lockup shall not, in and of |
24 | | itself, render
inadmissible evidence obtained as a result |
25 | | of the violation of this
time limit. Minors under 18 years |
26 | | of age shall be kept separate from confined
adults and may |
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1 | | not at any time be kept in the same cell, room or yard with
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2 | | adults confined pursuant to criminal law. Persons 18 years |
3 | | of age and older
who have a petition of delinquency filed |
4 | | against them may be
confined in an
adult detention |
5 | | facility.
In making a determination whether to confine a |
6 | | person 18 years of age or
older
who has a petition of |
7 | | delinquency filed against the person, these factors,
among |
8 | | other matters, shall be considered:
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9 | | (A) The age of the person;
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10 | | (B) Any previous delinquent or criminal history of |
11 | | the person;
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12 | | (C) Any previous abuse or neglect history of the |
13 | | person; and
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14 | | (D) Any mental health or educational history of the |
15 | | person, or both.
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16 | | (d) (i) If a minor 12 years of age or older is confined in a |
17 | | county jail
in a
county with a population below 3,000,000 |
18 | | inhabitants, then the minor's
confinement shall be implemented |
19 | | in such a manner that there will be no contact
by sight, sound |
20 | | or otherwise between the minor and adult prisoners. Minors
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21 | | years of age or older must be kept separate from confined |
22 | | adults and may not
at any time
be kept in the same cell, room, |
23 | | or yard with confined adults. This paragraph
(d)(i) shall only |
24 | | apply to confinement pending an adjudicatory hearing and
shall |
25 | | not exceed 48 40 hours , excluding Saturdays, Sundays and court |
26 | | designated
holidays . To accept or hold minors during this time |
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1 | | period, county jails shall
comply with all monitoring standards |
2 | | adopted by the Department of
Corrections and training standards |
3 | | approved by the Illinois Law Enforcement
Training Standards |
4 | | Board.
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5 | | (ii) To accept or hold minors, 12 years of age or older, |
6 | | after the time
period
prescribed in paragraph (d)(i) of this |
7 | | subsection (2) of this Section but not
exceeding 7 days |
8 | | including Saturdays, Sundays and holidays pending an
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9 | | adjudicatory hearing, county jails shall comply with all |
10 | | temporary detention
standards adopted by the Department of |
11 | | Corrections and training standards
approved by the Illinois Law |
12 | | Enforcement Training Standards Board.
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13 | | (iii) To accept or hold minors 12 years of age or older, |
14 | | after the time
period prescribed in paragraphs (d)(i) and |
15 | | (d)(ii) of this subsection (2) of
this
Section, county jails |
16 | | shall comply with all county juvenile detention standards |
17 | | adopted by the Department of Juvenile Justice.
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18 | | (e) When a minor who is at least 15 years of age is |
19 | | prosecuted under the
criminal laws of this State,
the court may |
20 | | enter an order directing that the juvenile be confined
in the |
21 | | county jail. However, any juvenile confined in the county jail |
22 | | under
this provision shall be separated from adults who are |
23 | | confined in the county
jail in such a manner that there will be |
24 | | no contact by sight, sound or
otherwise between the juvenile |
25 | | and adult prisoners.
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26 | | (f) For purposes of appearing in a physical lineup, the |
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1 | | minor may be taken
to a county jail or municipal lockup under |
2 | | the direct and constant supervision
of a juvenile police |
3 | | officer. During such time as is necessary to conduct a
lineup, |
4 | | and while supervised by a juvenile police officer, the sight |
5 | | and sound
separation provisions shall not apply.
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6 | | (g) For purposes of processing a minor, the minor may be |
7 | | taken to a County
Jail or municipal lockup under the direct and |
8 | | constant supervision of a law
enforcement officer or |
9 | | correctional officer. During such time as is necessary
to |
10 | | process the minor, and while supervised by a law enforcement |
11 | | officer or
correctional officer, the sight and sound separation |
12 | | provisions shall not
apply.
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13 | | (3) If the probation officer or State's Attorney (or such |
14 | | other public
officer designated by the court in a county having |
15 | | 3,000,000 or more
inhabitants) determines that the minor may be |
16 | | a delinquent minor as described
in subsection (3) of Section |
17 | | 5-105, and should be retained in custody but does
not require
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18 | | physical restriction, the minor may be placed in non-secure |
19 | | custody for up to
40 hours pending a detention hearing.
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20 | | (4) Any minor taken into temporary custody, not requiring |
21 | | secure
detention, may, however, be detained in the home of his |
22 | | or her parent or
guardian subject to such conditions as the |
23 | | court may impose.
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24 | | (5) The changes made to this Section by Public Act 98-61 |
25 | | apply to a minor who has been arrested or taken into custody on |
26 | | or after January 1, 2014 (the effective date of Public Act |
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1 | | 98-61). |
2 | | (Source: P.A. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756, |
3 | | eff. 7-16-14; 99-254, eff. 1-1-16 .)
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4 | | (705 ILCS 405/5-415)
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5 | | Sec. 5-415. Setting of detention or shelter care hearing; |
6 | | release.
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7 | | (1) Unless sooner released, a minor alleged to be a |
8 | | delinquent minor taken
into temporary custody must be brought |
9 | | before a judicial officer within 48 40
hours for a detention or |
10 | | shelter care hearing to determine whether he or she
shall be
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11 | | further held in custody. If a minor alleged to be a delinquent |
12 | | minor taken into
custody is hospitalized or is receiving |
13 | | treatment for a physical or mental
condition, and is unable to |
14 | | be brought before a judicial officer for a
detention or shelter |
15 | | care hearing, the 48 40 hour period will not commence until
the |
16 | | minor is released from the hospital or place of treatment. If |
17 | | the minor
gives false information to law enforcement officials |
18 | | regarding the minor's
identity or age, the 48 40 hour period |
19 | | will not commence until the court rules
that the minor is |
20 | | subject to this Act and not subject to prosecution under the
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21 | | Criminal Code of 1961 or the Criminal Code of 2012. Any
other |
22 | | delay attributable to a minor alleged to be a delinquent minor |
23 | | who is
taken into temporary custody shall act to toll the 48 40 |
24 | | hour time period. The 48 40 hour time period shall be tolled to |
25 | | allow counsel for the minor to prepare for the detention or |
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1 | | shelter care hearing, upon a motion filed by such counsel and |
2 | | granted by the court. In all
cases, the 48 40 hour time period |
3 | | includes any Saturday, Sunday, or court-designated holiday |
4 | | within the period is exclusive of Saturdays, Sundays and
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5 | | court-designated holidays .
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6 | | (2) If the State's Attorney or probation officer (or other |
7 | | public
officer designated by the court in a county having more |
8 | | than 3,000,000
inhabitants) determines that the minor should be |
9 | | retained in custody, he or she
shall
cause a petition to be |
10 | | filed as provided in Section 5-520 of this Article, and
the |
11 | | clerk of the court shall set the matter for hearing on the |
12 | | detention or
shelter care hearing calendar. Immediately upon |
13 | | the filing of a petition in the case of a minor retained in |
14 | | custody, the court shall cause counsel to be appointed to |
15 | | represent the minor. When a parent, legal guardian, custodian, |
16 | | or
responsible relative is present and so requests, the |
17 | | detention or shelter care
hearing shall be held immediately if |
18 | | the court is in session
and the State is ready to proceed, |
19 | | otherwise at the earliest feasible time.
In no event shall a |
20 | | detention or shelter care hearing be held until the minor has |
21 | | had adequate opportunity to consult with counsel. The probation |
22 | | officer or such other public officer designated by the court in |
23 | | a
county having more than 3,000,000 inhabitants shall notify |
24 | | the minor's parent,
legal guardian, custodian, or responsible |
25 | | relative of the time and place of the
hearing. The notice may |
26 | | be given orally.
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1 | | (3) The minor must be released from custody at the |
2 | | expiration of the 48 40
hour period specified by this Section |
3 | | if not brought before a judicial officer
within that period.
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4 | | (4) After the initial 48 40 hour period has lapsed, the |
5 | | court may review the
minor's custodial status at any time prior |
6 | | to the trial or sentencing
hearing. If during this time period |
7 | | new or additional information becomes
available concerning the |
8 | | minor's conduct, the court may conduct a hearing to
determine |
9 | | whether the minor should be placed in a detention or shelter |
10 | | care
facility. If the court finds that there is probable cause |
11 | | that the minor is a
delinquent minor and that it is a matter of |
12 | | immediate and urgent necessity for
the protection of the minor |
13 | | or of the person or property of another, or that he
or she is |
14 | | likely to flee the jurisdiction of the court, the court may |
15 | | order
that the minor be placed in detention or shelter care.
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16 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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17 | | (705 ILCS 405/5-420 new) |
18 | | Sec. 5-420. Minor's appearance by closed circuit |
19 | | television and video conference. |
20 | | (a) If an appearance, under this Act, is required of any |
21 | | minor taken and held in a place of custody or confinement |
22 | | operated by the State or any of its political subdivisions, |
23 | | including counties and municipalities, the chief judge of the |
24 | | circuit may permit by rule for the minor's personal appearance |
25 | | to be made by means of two-way audio-visual communication, |
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1 | | including closed circuit television and computerized video |
2 | | conference, in the following proceedings: |
3 | | (1) the initial appearance before a judge; |
4 | | (2) a detention or shelter care hearing; or |
5 | | (3) any status hearing. |
6 | | (b) The two-way audio-visual communication facilities must |
7 | | provide two-way audio-visual communication between the court |
8 | | and the place of custody or confinement, and must include a |
9 | | secure line over which the minor in custody and his or her |
10 | | counsel may communicate. |
11 | | (c) Nothing in this Section shall be construed to prohibit |
12 | | other court appearances through the use of two-way audio-visual |
13 | | communication, upon waiver of any right the minor in custody or |
14 | | confinement may have to be present physically. |
15 | | (d) Nothing in this Section shall be construed to establish |
16 | | a right of any minor held in custody or confinement to appear |
17 | | in court through two-way audio-visual communication or to |
18 | | require that any governmental entity, or place of custody or |
19 | | confinement, provide two-way audio-visual communication. |
20 | | Section 10. The Probation and Probation Officers Act is |
21 | | amended by changing Section 15 as follows:
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22 | | (730 ILCS 110/15) (from Ch. 38, par. 204-7)
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23 | | Sec. 15. (1) The Supreme Court of Illinois may establish a |
24 | | Division of
Probation Services whose purpose shall be the |
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1 | | development, establishment,
promulgation, and enforcement of |
2 | | uniform standards for probation services in
this State, and to |
3 | | otherwise carry out the intent of this Act. The Division
may:
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4 | | (a) establish qualifications for chief probation |
5 | | officers and other
probation and court services personnel |
6 | | as to hiring, promotion, and training.
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7 | | (b) make available, on a timely basis, lists of those |
8 | | applicants whose
qualifications meet the regulations |
9 | | referred to herein, including on said
lists all candidates |
10 | | found qualified.
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11 | | (c) establish a means of verifying the conditions for |
12 | | reimbursement
under this Act and develop criteria for |
13 | | approved costs for reimbursement.
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14 | | (d) develop standards and approve employee |
15 | | compensation schedules for
probation and court services |
16 | | departments.
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17 | | (e) employ sufficient personnel in the Division to |
18 | | carry out the
functions of the Division.
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19 | | (f) establish a system of training and establish |
20 | | standards for personnel
orientation and training.
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21 | | (g) develop standards for a system of record keeping |
22 | | for cases and
programs, gather statistics, establish a |
23 | | system of uniform forms, and
develop research for planning |
24 | | of Probation
Services.
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25 | | (h) develop standards to assure adequate support |
26 | | personnel, office
space, equipment and supplies, travel |
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1 | | expenses, and other essential items
necessary for |
2 | | Probation and Court Services
Departments to carry out their
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3 | | duties.
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4 | | (i) review and approve annual plans submitted by
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5 | | Probation and Court
Services Departments.
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6 | | (j) monitor and evaluate all programs operated by
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7 | | Probation and Court
Services Departments, and may include |
8 | | in the program evaluation criteria
such factors as the |
9 | | percentage of Probation sentences for felons convicted
of |
10 | | Probationable offenses.
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11 | | (k) seek the cooperation of local and State government |
12 | | and private
agencies to improve the quality of probation |
13 | | and
court services.
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14 | | (l) where appropriate, establish programs and |
15 | | corresponding standards
designed to generally improve the |
16 | | quality of
probation and court services
and reduce the rate |
17 | | of adult or juvenile offenders committed to the
Department |
18 | | of Corrections.
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19 | | (m) establish such other standards and regulations and |
20 | | do all acts
necessary to carry out the intent and purposes |
21 | | of this Act.
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22 | | The Division shall adopt a statewide juvenile detention |
23 | | screening instrument that has been verified through |
24 | | evidence-based and data-based practices that is to be used by |
25 | | all authorized juvenile detention facilities. The scoring for |
26 | | this screening tool may include, but is not limited to, the |
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1 | | following determinations or factors: |
2 | | (i) the likelihood that the juvenile will appear in |
3 | | court; |
4 | | (ii) the severity of the charge against the juvenile; |
5 | | (iii) whether the current incident involved violence |
6 | | or a weapon, or the threat of or use of a weapon; |
7 | | (iv) the number of prior interactions the juvenile has |
8 | | with the juvenile justice system; |
9 | | (v) whether prior incidents of the juvenile involved |
10 | | violence or a weapon, or the threat of or use of a weapon; |
11 | | (vi) whether there is a safe environment to return the |
12 | | juvenile to; and |
13 | | (vii) whether the family members of the juvenile would |
14 | | feel safe if the juvenile returns to his or her home |
15 | | environment. |
16 | | This screening tool and its use shall be race and gender |
17 | | neutral and shall include protections from all forms of bias. |
18 | | The Division may recommend and adopt updates to the screening |
19 | | tool and its usage on a regular basis. |
20 | | The Division shall develop standards to implement the |
21 | | Domestic Violence Surveillance Program established under |
22 | | Section 5-8A-7 of the Unified Code of Corrections, including |
23 | | (i) procurement of equipment and other services necessary to |
24 | | implement the program and (ii) development of uniform standards |
25 | | for the delivery of the program through county probation |
26 | | departments, and develop standards for collecting data to |
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1 | | evaluate the impact and costs of the Domestic Violence |
2 | | Surveillance Program. |
3 | | The Division shall establish a model list of structured |
4 | | intermediate
sanctions that may be imposed by a probation |
5 | | agency for violations of terms and
conditions of a sentence of |
6 | | probation, conditional discharge, or supervision.
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7 | | The Division shall establish training standards for |
8 | | continuing education of probation officers and supervisors and |
9 | | broaden access to available training programs. |
10 | | The State of Illinois shall provide for the costs of |
11 | | personnel, travel,
equipment, telecommunications, postage, |
12 | | commodities, printing, space,
contractual services and other |
13 | | related costs necessary to carry out the
intent of this Act.
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14 | | (2)(a) The chief judge of each circuit shall provide
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15 | | full-time probation services for all counties
within the |
16 | | circuit, in a
manner consistent with the annual probation plan,
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17 | | the standards, policies,
and regulations established by the |
18 | | Supreme Court. A
probation district of
two or more counties |
19 | | within a circuit may be created for the purposes of
providing |
20 | | full-time probation services. Every
county or group of
counties |
21 | | within a circuit shall maintain a
probation department which |
22 | | shall
be under the authority of the Chief Judge of the circuit |
23 | | or some other
judge designated by the Chief Judge. The Chief |
24 | | Judge, through the
Probation and Court Services Department |
25 | | shall
submit annual plans to the
Division for probation and |
26 | | related services.
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1 | | (b) The Chief Judge of each circuit shall appoint the Chief
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2 | | Probation
Officer and all other probation officers for his
or |
3 | | her circuit from lists
of qualified applicants supplied by the |
4 | | Supreme Court. Candidates for chief
managing officer and other |
5 | | probation officer
positions must apply with both
the Chief |
6 | | Judge of the circuit and the Supreme Court.
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7 | | (3) A Probation and Court Service Department
shall apply to |
8 | | the
Supreme Court for funds for basic services, and may apply |
9 | | for funds for new
and expanded programs or Individualized |
10 | | Services and Programs. Costs shall
be reimbursed monthly based |
11 | | on a plan and budget approved by the Supreme
Court. No |
12 | | Department may be reimbursed for costs which exceed or are not
|
13 | | provided for in the approved annual plan and budget. After the |
14 | | effective
date of this amendatory Act of 1985, each county must |
15 | | provide basic
services in accordance with the annual plan and |
16 | | standards created by the
division. No department may receive |
17 | | funds for new or expanded programs or
individualized services |
18 | | and programs unless they are in compliance with
standards as |
19 | | enumerated in paragraph (h) of subsection (1) of this Section,
|
20 | | the annual plan, and standards for basic services.
|
21 | | (4) The Division shall reimburse the county or counties for
|
22 | | probation
services as follows:
|
23 | | (a) 100% of the salary of all chief managing officers |
24 | | designated as such
by the Chief Judge and the division.
|
25 | | (b) 100% of the salary for all probation
officer and |
26 | | supervisor
positions approved for reimbursement by the |
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1 | | division after April 1, 1984,
to meet workload standards |
2 | | and to implement intensive sanction and
probation
|
3 | | supervision
programs and other basic services as defined in |
4 | | this Act.
|
5 | | (c) 100% of the salary for all secure detention |
6 | | personnel and non-secure
group home personnel approved for |
7 | | reimbursement after December 1, 1990.
For all such |
8 | | positions approved for reimbursement
before
December 1, |
9 | | 1990, the counties shall be reimbursed $1,250 per month |
10 | | beginning
July 1, 1995, and an additional $250 per month |
11 | | beginning each July 1st
thereafter until the positions |
12 | | receive 100% salary reimbursement.
Allocation of such |
13 | | positions will be based on comparative need considering
|
14 | | capacity, staff/resident ratio, physical plant and |
15 | | program.
|
16 | | (d) $1,000 per month for salaries for the remaining
|
17 | | probation officer
positions engaged in basic services and |
18 | | new or expanded services. All such
positions shall be |
19 | | approved by the division in accordance with this Act and
|
20 | | division standards.
|
21 | | (e) 100% of the travel expenses in accordance with |
22 | | Division standards
for all Probation positions approved |
23 | | under
paragraph (b) of subsection 4
of this Section.
|
24 | | (f) If the amount of funds reimbursed to the county |
25 | | under paragraphs
(a) through (e) of subsection 4 of this |
26 | | Section on an annual basis is less
than the amount the |
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1 | | county had received during the 12 month period
immediately |
2 | | prior to the effective date of this amendatory Act of 1985,
|
3 | | then the Division shall reimburse the amount of the |
4 | | difference to the
county. The effect of paragraph (b) of |
5 | | subsection 7 of this Section shall
be considered in |
6 | | implementing this supplemental reimbursement provision.
|
7 | | (5) The Division shall provide funds beginning on April 1, |
8 | | 1987 for the
counties to provide Individualized Services and |
9 | | Programs as provided in
Section 16 of this Act.
|
10 | | (6) A Probation and Court Services Department
in order to |
11 | | be eligible
for the reimbursement must submit to the Supreme |
12 | | Court an application
containing such information and in such a |
13 | | form and by such dates as the
Supreme Court may require. |
14 | | Departments to be eligible for funding must
satisfy the |
15 | | following conditions:
|
16 | | (a) The Department shall have on file with the Supreme
|
17 | | Court an annual Probation plan for continuing,
improved, |
18 | | and
new Probation and Court Services Programs
approved by |
19 | | the Supreme Court or its
designee. This plan shall indicate |
20 | | the manner in which
Probation and Court
Services will be |
21 | | delivered and improved, consistent with the minimum
|
22 | | standards and regulations for Probation and Court
|
23 | | Services, as established
by the Supreme Court. In counties |
24 | | with more than one
Probation and Court
Services Department |
25 | | eligible to receive funds, all Departments within that
|
26 | | county must submit plans which are approved by the Supreme |
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1 | | Court.
|
2 | | (b) The annual probation plan shall seek to
generally |
3 | | improve the
quality of probation services and to reduce the
|
4 | | commitment of adult offenders to the Department of |
5 | | Corrections and to reduce the
commitment of juvenile |
6 | | offenders to the Department of Juvenile Justice and shall |
7 | | require, when
appropriate, coordination with the |
8 | | Department of Corrections, the Department of Juvenile |
9 | | Justice, and the
Department of Children and Family Services |
10 | | in the development and use of
community resources, |
11 | | information systems, case review and permanency
planning |
12 | | systems to avoid the duplication of services.
|
13 | | (c) The Department shall be in compliance with |
14 | | standards developed by the
Supreme Court for basic, new and |
15 | | expanded services, training, personnel
hiring and |
16 | | promotion.
|
17 | | (d) The Department shall in its annual plan indicate |
18 | | the manner in which
it will support the rights of crime |
19 | | victims and in which manner it will
implement Article I, |
20 | | Section 8.1 of the Illinois Constitution and in what
manner |
21 | | it will coordinate crime victims' support services with |
22 | | other criminal
justice agencies within its jurisdiction, |
23 | | including but not limited to, the
State's Attorney, the |
24 | | Sheriff and any municipal police department.
|
25 | | (7) No statement shall be verified by the Supreme Court or |
26 | | its
designee or vouchered by the Comptroller unless each of the |
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1 | | following
conditions have been met:
|
2 | | (a) The probation officer is a full-time
employee |
3 | | appointed by the Chief
Judge to provide probation services.
|
4 | | (b) The probation officer, in order to be
eligible for |
5 | | State
reimbursement, is receiving a salary of at least |
6 | | $17,000 per year.
|
7 | | (c) The probation officer is appointed or
was |
8 | | reappointed in accordance
with minimum qualifications or |
9 | | criteria established by the Supreme
Court; however, all |
10 | | probation officers appointed
prior to January 1, 1978,
|
11 | | shall be exempted from the minimum requirements |
12 | | established by the Supreme
Court. Payments shall be made to |
13 | | counties employing these exempted
probation officers as |
14 | | long as they are employed
in the position held on the
|
15 | | effective date of this amendatory Act of 1985. Promotions |
16 | | shall be
governed by minimum qualifications established by |
17 | | the Supreme Court.
|
18 | | (d) The Department has an established compensation |
19 | | schedule approved by
the Supreme Court. The compensation |
20 | | schedule shall include salary ranges
with necessary |
21 | | increments to compensate each employee. The increments
|
22 | | shall, within the salary ranges, be based on such factors |
23 | | as bona fide
occupational qualifications, performance, and |
24 | | length of service. Each
position in the Department shall be |
25 | | placed on the compensation schedule
according to job duties |
26 | | and responsibilities of such position. The policy
and |
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1 | | procedures of the compensation schedule shall be made |
2 | | available to each
employee.
|
3 | | (8) In order to obtain full reimbursement of all approved |
4 | | costs, each
Department must continue to employ at least the |
5 | | same number of
probation
officers and probation managers as |
6 | | were
authorized for employment for the
fiscal year which |
7 | | includes January 1, 1985. This number shall be designated
as |
8 | | the base amount of the Department. No positions approved by the |
9 | | Division
under paragraph (b) of subsection 4 will be included |
10 | | in the base amount.
In the event that the Department employs |
11 | | fewer
Probation officers and
Probation managers than the base |
12 | | amount for a
period of 90 days, funding
received by the |
13 | | Department under subsection 4 of this
Section may be reduced on |
14 | | a monthly basis by the amount of the current
salaries of any |
15 | | positions below the base amount.
|
16 | | (9) Before the 15th day of each month, the treasurer of any |
17 | | county which
has a Probation and Court Services Department, or
|
18 | | the treasurer of the most
populous county, in the case of a |
19 | | Probation or
Court Services Department
funded by more than one |
20 | | county, shall submit an itemized statement of all
approved |
21 | | costs incurred in the delivery of Basic
Probation and Court
|
22 | | Services under this Act to the Supreme Court.
The treasurer may |
23 | | also submit an itemized statement of all approved costs
|
24 | | incurred in the delivery of new and expanded
Probation and |
25 | | Court Services
as well as Individualized Services and Programs. |
26 | | The Supreme Court or
its designee shall verify compliance with |
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1 | | this Section and shall examine
and audit the monthly statement |
2 | | and, upon finding them to be correct, shall
forward them to the |
3 | | Comptroller for payment to the county treasurer. In the
case of |
4 | | payment to a treasurer of a county which is the most populous |
5 | | of
counties sharing the salary and expenses of a
Probation and |
6 | | Court Services
Department, the treasurer shall divide the money |
7 | | between the counties in a
manner that reflects each county's |
8 | | share of the cost incurred by the
Department.
|
9 | | (10) The county treasurer must certify that funds received |
10 | | under this
Section shall be used solely to maintain and improve
|
11 | | Probation and Court
Services. The county or circuit shall |
12 | | remain in compliance with all
standards, policies and |
13 | | regulations established by the Supreme Court.
If at any time |
14 | | the Supreme Court determines that a county or circuit is not
in |
15 | | compliance, the Supreme Court shall immediately notify the |
16 | | Chief Judge,
county board chairman and the Director of Court |
17 | | Services Chief
Probation Officer. If after 90 days of written
|
18 | | notice the noncompliance
still exists, the Supreme Court shall |
19 | | be required to reduce the amount of
monthly reimbursement by |
20 | | 10%. An additional 10% reduction of monthly
reimbursement shall |
21 | | occur for each consecutive month of noncompliance.
Except as |
22 | | provided in subsection 5 of Section 15, funding to counties |
23 | | shall
commence on April 1, 1986. Funds received under this Act |
24 | | shall be used to
provide for Probation Department expenses
|
25 | | including those required under
Section 13 of this Act. The |
26 | | Mandatory
Arbitration Fund may be used to provide for Probation |
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1 | | Department expenses,
including those required under Section 13 |
2 | | of this Act.
|
3 | | (11) The respective counties shall be responsible for |
4 | | capital and space
costs, fringe benefits, clerical costs, |
5 | | equipment, telecommunications,
postage, commodities and |
6 | | printing.
|
7 | | (12) For purposes of this Act only, probation officers |
8 | | shall be
considered
peace officers. In the
exercise of their |
9 | | official duties, probation
officers, sheriffs, and police
|
10 | | officers may, anywhere within the State, arrest any probationer |
11 | | who is in
violation of any of the conditions of his or her |
12 | | probation, conditional
discharge, or supervision, and it shall |
13 | | be the
duty of the officer making the arrest to take the |
14 | | probationer
before the
Court having jurisdiction over the |
15 | | probationer for further order.
|
16 | | (Source: P.A. 100-91, eff. 8-11-17.)
|
17 | | Section 99. Effective date. This Act takes effect upon |
18 | | becoming law. |