Illinois General Assembly - Full Text of HB0386
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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,
3represented in the General Assembly:
 
4    Section 5. The Illinois Crime Reduction Act of 2009 is
5amended 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
9strategies and policies that can result in a significant
10reduction in recidivism rates and the successful local
11reintegration of offenders. The purpose of this Section is to
12ensure that State and local agencies direct their resources to
13services and programming that have been demonstrated to be
14effective in reducing recidivism and reintegrating offenders
15into 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
26and the Prisoner Review Board shall provide their employees

 

 

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1with intensive and ongoing training and professional
2development services to support the implementation of
3evidence-based practices. The training and professional
4development services shall include assessment techniques, case
5planning, cognitive behavioral training, risk reduction and
6intervention strategies, effective communication skills,
7substance abuse treatment education, and other topics
8identified by the agencies or their employees.
9    (e) The Department of Corrections, the Prisoner Review
10Board, and other correctional entities referenced in the
11policies, rules, and regulations of this Act shall design,
12implement, and make public a system to evaluate the
13effectiveness of evidence-based practices in increasing public
14safety and in successful reintegration of those under
15supervision into the locality. Annually, each agency shall
16submit to the Sentencing Policy Advisory Council a
17comprehensive report on the success of implementing
18evidence-based practices. The data compiled and analyzed by the
19Council shall be delivered annually to the Governor and the
20General Assembly.
21    (f) The Department of Corrections, the Prisoner Review
22Board, and other correctional entities referenced in the
23policies, rules, and regulations of this Act shall release a
24report annually published on the Department of Corrections
25website that reports the following information pertaining to
26electronic monitoring, GPS monitoring, and programs imposed on

 

 

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1individuals on parole and mandatory supervised release,
2including:
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.)