Full Text of HB0386 101st General Assembly
HB0386eng 101ST GENERAL ASSEMBLY |
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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 Illinois Crime Reduction Act of 2009 is | 5 | | amended by changing Section 10 as follows: | 6 | | (730 ILCS 190/10)
| 7 | | Sec. 10. Evidence-Based Programming.
| 8 | | (a) Purpose. Research and practice have identified new | 9 | | strategies and policies that can result in a significant | 10 | | reduction in recidivism rates and the successful local | 11 | | reintegration of offenders. The purpose of this Section is to | 12 | | ensure that State and local agencies direct their resources to | 13 | | services and programming that have been demonstrated to be | 14 | | effective in reducing recidivism and reintegrating offenders | 15 | | into the locality. | 16 | | (b) Evidence-based programming in local supervision. | 17 | | (1) The Parole Division of the Department of | 18 | | Corrections and the Prisoner Review Board shall adopt | 19 | | policies, rules, and regulations that, within the first | 20 | | year of the adoption, validation, and utilization of the | 21 | | statewide, standardized risk assessment tool described in | 22 | | this Act, result in at least 25% of supervised individuals | 23 | | being supervised in accordance with evidence-based |
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| 1 | | practices; within 3 years of the adoption, validation, and | 2 | | utilization of the statewide, standardized risk assessment | 3 | | tool result in at least 50% of supervised individuals being | 4 | | supervised in accordance with evidence-based practices; | 5 | | and within 5 years of the adoption, validation, and | 6 | | utilization of the statewide, standardized risk assessment | 7 | | tool result in at least 75% of supervised individuals being | 8 | | supervised in accordance with evidence-based practices. | 9 | | The policies, rules, and regulations shall: | 10 | | (A) Provide for a standardized individual case | 11 | | plan that follows the offender through the criminal | 12 | | justice system (including in-prison if the supervised | 13 | | individual is in prison) that is:
| 14 | | (i) Based on the assets of the individual as | 15 | | well as his or her risks and needs identified | 16 | | through the assessment tool as described in this | 17 | | Act. | 18 | | (ii) Comprised of treatment and supervision | 19 | | services appropriate to achieve the purpose of | 20 | | this Act. | 21 | | (iii) Consistently updated, based on program | 22 | | participation by the supervised individual and | 23 | | other behavior modification exhibited by the | 24 | | supervised individual. | 25 | | (B) Concentrate resources and services on | 26 | | high-risk offenders. |
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| 1 | | (C) Provide for the use of evidence-based | 2 | | programming related to education, job training, | 3 | | cognitive behavioral therapy, and other programming | 4 | | designed to reduce criminal behavior. | 5 | | (D) Establish a system of graduated responses. | 6 | | (i) The system shall set forth a menu of | 7 | | presumptive responses for the most common types of | 8 | | supervision violations.
| 9 | | (ii) The system shall be guided by the model | 10 | | list of intermediate sanctions created by the | 11 | | Probation Services Division of the State of | 12 | | Illinois pursuant to subsection (1) of Section 15 | 13 | | of the Probation and Probation Officers Act and the | 14 | | system of intermediate sanctions created by the | 15 | | Chief Judge of each circuit court pursuant to | 16 | | Section 5-6-1 of the Unified Code of Corrections. | 17 | | (iii) The system of responses shall take into | 18 | | account factors such as the severity of the current | 19 | | violation; the supervised individual's risk level | 20 | | as determined by a validated assessment tool | 21 | | described in this Act; the supervised individual's | 22 | | assets; his or her previous criminal record; and | 23 | | the number and severity of any previous | 24 | | supervision violations. | 25 | | (iv) The system shall also define positive | 26 | | reinforcements that supervised individuals may |
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| 1 | | receive for compliance with conditions of | 2 | | supervision. | 3 | | (v) Response to violations should be swift and | 4 | | certain and should be imposed as soon as | 5 | | practicable but no longer than 3 working days of | 6 | | detection of the violation behavior. | 7 | | (2) Conditions of local supervision (probation and | 8 | | mandatory supervised release). Conditions of local | 9 | | supervision whether imposed by a sentencing judge or the | 10 | | Prisoner Review Board shall be imposed in accordance with | 11 | | the offender's risks, assets, and needs as identified | 12 | | through the assessment tool described in this Act. | 13 | | (3) The Department of Corrections, Prisoner Review | 14 | | Board, and other correctional entities referenced in the | 15 | | policies shall annually publish a report on their use of | 16 | | evidence-based practices to set conditions of local | 17 | | supervision and mandatory supervised release including: | 18 | | (A) the factors that contribute to decisions on | 19 | | what conditions should be imposed, and the method by | 20 | | which those factors are calculated and weighted in the | 21 | | overall decision of what conditions shall be imposed; | 22 | | and | 23 | | (B) the text and content of any evidence-based | 24 | | assessments, questionnaires, or other methods used to | 25 | | set conditions of release. | 26 | | (c) Evidence-based in-prison programming. |
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| 1 | | (1) The Department of Corrections shall adopt | 2 | | policies, rules, and regulations that, within the first | 3 | | year of the adoption, validation, and utilization of the | 4 | | statewide, standardized risk assessment tool described in | 5 | | this Act, result in at least 25% of incarcerated | 6 | | individuals receiving services and programming in | 7 | | accordance with evidence-based practices; within 3 years | 8 | | of the adoption, validation, and utilization of the | 9 | | statewide, standardized risk assessment tool result in at | 10 | | least 50% of incarcerated individuals receiving services | 11 | | and programming in accordance with evidence-based | 12 | | practices; and within 5 years of the adoption, validation, | 13 | | and utilization of the statewide, standardized risk | 14 | | assessment tool result in at least 75% of incarcerated | 15 | | individuals receiving services and programming in | 16 | | accordance with evidence-based practices. The policies, | 17 | | rules, and regulations shall: | 18 | | (A) Provide for the use and development of a case | 19 | | plan based on the risks, assets, and needs identified | 20 | | through the assessment tool as described in this Act. | 21 | | The case plan should be used to determine in-prison | 22 | | programming; should be continuously updated based on | 23 | | program participation by the prisoner and other | 24 | | behavior modification exhibited by the prisoner; and | 25 | | should be used when creating the case plan described in | 26 | | subsection (b).
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| 1 | | (B) Provide for the use of evidence-based | 2 | | programming related to education, job training, | 3 | | cognitive behavioral therapy and other evidence-based | 4 | | programming. | 5 | | (C) Establish education programs based on a | 6 | | teacher to student ratio of no more than 1:30. | 7 | | (D) Expand the use of drug prisons, modeled after | 8 | | the Sheridan Correctional Center, to provide | 9 | | sufficient drug treatment and other support services | 10 | | to non-violent inmates with a history of substance | 11 | | abuse. | 12 | | (2) Participation and completion of programming by | 13 | | prisoners can impact earned time credit as determined under | 14 | | Section 3-6-3 of the Unified Code of Corrections. | 15 | | (3) The Department of Corrections shall provide its | 16 | | employees with intensive and ongoing training and | 17 | | professional development services to support the | 18 | | implementation of evidence-based practices. The training | 19 | | and professional development services shall include | 20 | | assessment techniques, case planning, cognitive behavioral | 21 | | training, risk reduction and intervention strategies, | 22 | | effective communication skills, substance abuse treatment | 23 | | education and other topics identified by the Department or | 24 | | its employees. | 25 | | (d) The Parole Division of the Department of Corrections | 26 | | and the Prisoner Review Board shall provide their employees |
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| 1 | | with intensive and ongoing training and professional | 2 | | development services to support the implementation of | 3 | | evidence-based practices. The training and professional | 4 | | development services shall include assessment techniques, case | 5 | | planning, cognitive behavioral training, risk reduction and | 6 | | intervention strategies, effective communication skills, | 7 | | substance abuse treatment education, and other topics | 8 | | identified by the agencies or their employees.
| 9 | | (e) The Department of Corrections, the Prisoner Review | 10 | | Board, and other correctional entities referenced in the | 11 | | policies, rules, and regulations of this Act shall design, | 12 | | implement, and make public a system to evaluate the | 13 | | effectiveness of evidence-based practices in increasing public | 14 | | safety and in successful reintegration of those under | 15 | | supervision into the locality. Annually, each agency shall | 16 | | submit to the Sentencing Policy Advisory Council a | 17 | | comprehensive report on the success of implementing | 18 | | evidence-based practices. The data compiled and analyzed by the | 19 | | Council shall be delivered annually to the Governor and the | 20 | | General Assembly.
| 21 | | (f) The Department of Corrections, the Prisoner Review | 22 | | Board, and other correctional entities referenced in the | 23 | | policies, rules, and regulations of this Act shall release a | 24 | | report annually published on the Department of Corrections | 25 | | website that reports the following information pertaining to | 26 | | electronic monitoring, GPS monitoring, and programs imposed on |
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| 1 | | individuals on parole and mandatory supervised release, | 2 | | including: | 3 | | (1) the racial and ethnic breakdown of individuals on | 4 | | electronic monitoring and GPS monitoring programs; | 5 | | (2) the committing charges of individuals subject to | 6 | | electronic monitoring and GPS monitoring, including class | 7 | | of offense and length of served sentence; | 8 | | (3) the number of individuals subject to electronic | 9 | | monitoring, GPS monitoring, or both, in the following | 10 | | categories: | 11 | | (A) the number of individuals subject to | 12 | | electronic monitoring as a condition of their release | 13 | | under Section 5-8A-6 of the Unified Code of | 14 | | Corrections; | 15 | | (B) the number of individuals subject to | 16 | | electronic monitoring, GPS monitoring, or both, under | 17 | | Section 5-8A-7 of the Unified Code of Corrections; | 18 | | (C) the number of individuals subject to | 19 | | electronic monitoring, GPS monitoring, or both, under | 20 | | a decision of the Prisoner Review Board at the time of | 21 | | their release; and | 22 | | (D) the number of individuals subject to | 23 | | electronic monitoring as a sanction for violations of | 24 | | parole or mandatory supervised release; | 25 | | (4) the distribution of the length of time individuals | 26 | | were subject to electronic monitoring, GPS monitoring, or |
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| 1 | | both, in the following breakdown: | 2 | | (A) less than 30 days; | 3 | | (B) 30 to 90 days; | 4 | | (C) 90 to 180 days; | 5 | | (D) 180 to 365 days; or | 6 | | (E) greater than 365 days; | 7 | | (5) the number and category, and ultimate resolution | 8 | | of, disciplinary reports filed against individuals for | 9 | | violating the rules of the electronic monitoring or GPS | 10 | | monitoring program including, but not limited to: | 11 | | (A) late return to residence after authorized | 12 | | movement; | 13 | | (B) unauthorized leaving of the residence; | 14 | | (C) presence of the individual in a prohibited | 15 | | area; | 16 | | (D) failure to charge the battery or otherwise | 17 | | maintain the device; and | 18 | | (E) strap tamper or destruction of the device; | 19 | | (6) the number of individuals returned to prison due to | 20 | | technical violations of electronic monitoring or GPS | 21 | | monitoring programs; | 22 | | (7) the county of the residence address for individuals | 23 | | subject to electronic monitoring, GPS monitoring, or both, | 24 | | as a condition of their release; | 25 | | (8) for counties with a population over 3,000,000, the | 26 | | zip codes of the residence addresses for individuals |
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| 1 | | subject to electronic monitoring, GPS monitoring, or both, | 2 | | as a condition of their release; and | 3 | | (9) the number of individuals on mandatory supervised | 4 | | release charged with a new felony separated by: | 5 | | (A) the number of individuals charged with a new | 6 | | felony that allegedly occurred while the person was on | 7 | | electronic monitoring, GPS Monitoring, or both; | 8 | | (B) the number of individuals charged with a new | 9 | | felony during mandatory supervised release who were | 10 | | never subject to electronic monitoring or GPS | 11 | | monitoring during their term of release; and | 12 | | (C) the number of individuals charged with a new | 13 | | felony during mandatory supervised release that were | 14 | | subject to electronic or GPS monitoring for any period | 15 | | of time during their term of their release. | 16 | | (Source: P.A. 96-761, eff. 1-1-10.)
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