HB0386sam002 101ST GENERAL ASSEMBLY

Sen. Robert Peters

Filed: 5/2/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 386

2    AMENDMENT NO. ______. Amend House Bill 386 by replacing
3everything after the enacting clause with the following:
 
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.

 

 

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1        (1) The Parole Division of the Department of
2    Corrections and the Prisoner Review Board shall adopt
3    policies, rules, and regulations that, within the first
4    year of the adoption, validation, and utilization of the
5    statewide, standardized risk assessment tool described in
6    this Act, result in at least 25% of supervised individuals
7    being supervised in accordance with evidence-based
8    practices; within 3 years of the adoption, validation, and
9    utilization of the statewide, standardized risk assessment
10    tool result in at least 50% of supervised individuals being
11    supervised in accordance with evidence-based practices;
12    and within 5 years of the adoption, validation, and
13    utilization of the statewide, standardized risk assessment
14    tool result in at least 75% of supervised individuals being
15    supervised in accordance with evidence-based practices.
16    The policies, rules, and regulations shall:
17            (A) Provide for a standardized individual case
18        plan that follows the offender through the criminal
19        justice system (including in-prison if the supervised
20        individual is in prison) that is:
21                (i) Based on the assets of the individual as
22            well as his or her risks and needs identified
23            through the assessment tool as described in this
24            Act.
25                (ii) Comprised of treatment and supervision
26            services appropriate to achieve the purpose of

 

 

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1            this Act.
2                (iii) Consistently updated, based on program
3            participation by the supervised individual and
4            other behavior modification exhibited by the
5            supervised individual.
6            (B) Concentrate resources and services on
7        high-risk offenders.
8            (C) Provide for the use of evidence-based
9        programming related to education, job training,
10        cognitive behavioral therapy, and other programming
11        designed to reduce criminal behavior.
12            (D) Establish a system of graduated responses.
13                (i) The system shall set forth a menu of
14            presumptive responses for the most common types of
15            supervision violations.
16                (ii) The system shall be guided by the model
17            list of intermediate sanctions created by the
18            Probation Services Division of the State of
19            Illinois pursuant to subsection (1) of Section 15
20            of the Probation and Probation Officers Act and the
21            system of intermediate sanctions created by the
22            Chief Judge of each circuit court pursuant to
23            Section 5-6-1 of the Unified Code of Corrections.
24                (iii) The system of responses shall take into
25            account factors such as the severity of the current
26            violation; the supervised individual's risk level

 

 

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1            as determined by a validated assessment tool
2            described in this Act; the supervised individual's
3            assets; his or her previous criminal record; and
4            the number and severity of any previous
5            supervision violations.
6                (iv) The system shall also define positive
7            reinforcements that supervised individuals may
8            receive for compliance with conditions of
9            supervision.
10                (v) Response to violations should be swift and
11            certain and should be imposed as soon as
12            practicable but no longer than 3 working days of
13            detection of the violation behavior.
14        (2) Conditions of local supervision (probation and
15    mandatory supervised release). Conditions of local
16    supervision whether imposed by a sentencing judge or the
17    Prisoner Review Board shall be imposed in accordance with
18    the offender's risks, assets, and needs as identified
19    through the assessment tool described in this Act.
20        (3) The Department of Corrections and the Prisoner
21    Review Board shall annually publish an exemplar copy of any
22    evidence-based assessments, questionnaires, or other
23    instruments used to set conditions of release.
24    (c) Evidence-based in-prison programming.
25        (1) The Department of Corrections shall adopt
26    policies, rules, and regulations that, within the first

 

 

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1    year of the adoption, validation, and utilization of the
2    statewide, standardized risk assessment tool described in
3    this Act, result in at least 25% of incarcerated
4    individuals receiving services and programming in
5    accordance with evidence-based practices; within 3 years
6    of the adoption, validation, and utilization of the
7    statewide, standardized risk assessment tool result in at
8    least 50% of incarcerated individuals receiving services
9    and programming in accordance with evidence-based
10    practices; and within 5 years of the adoption, validation,
11    and utilization of the statewide, standardized risk
12    assessment tool result in at least 75% of incarcerated
13    individuals receiving services and programming in
14    accordance with evidence-based practices. The policies,
15    rules, and regulations shall:
16            (A) Provide for the use and development of a case
17        plan based on the risks, assets, and needs identified
18        through the assessment tool as described in this Act.
19        The case plan should be used to determine in-prison
20        programming; should be continuously updated based on
21        program participation by the prisoner and other
22        behavior modification exhibited by the prisoner; and
23        should be used when creating the case plan described in
24        subsection (b).
25            (B) Provide for the use of evidence-based
26        programming related to education, job training,

 

 

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1        cognitive behavioral therapy and other evidence-based
2        programming.
3            (C) Establish education programs based on a
4        teacher to student ratio of no more than 1:30.
5            (D) Expand the use of drug prisons, modeled after
6        the Sheridan Correctional Center, to provide
7        sufficient drug treatment and other support services
8        to non-violent inmates with a history of substance
9        abuse.
10        (2) Participation and completion of programming by
11    prisoners can impact earned time credit as determined under
12    Section 3-6-3 of the Unified Code of Corrections.
13        (3) The Department of Corrections shall provide its
14    employees with intensive and ongoing training and
15    professional development services to support the
16    implementation of evidence-based practices. The training
17    and professional development services shall include
18    assessment techniques, case planning, cognitive behavioral
19    training, risk reduction and intervention strategies,
20    effective communication skills, substance abuse treatment
21    education and other topics identified by the Department or
22    its employees.
23    (d) The Parole Division of the Department of Corrections
24and the Prisoner Review Board shall provide their employees
25with intensive and ongoing training and professional
26development services to support the implementation of

 

 

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

 

 

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1    categories:
2            (A) race or ethnicity;
3            (B) gender; and
4            (C) age;
5        (2) incarceration data of individuals subject to
6    conditions of electronic or GPS monitoring, separated by
7    the following categories:
8            (A) highest class of offense for which the
9        individuals is currently serving a term of release; and
10            (B) length of imprisonment served prior to the
11        current release period;
12        (3) the number of individuals subject to conditions of
13    electronic or GPS monitoring, separated by the following
14    categories:
15            (A) the number of individuals subject to
16        monitoring under Section 5-8A-6 of the Unified Code of
17        Corrections;
18            (B) the number of individuals subject monitoring
19        under Section 5-8A-7 of the Unified Code of
20        Corrections;
21            (C) the number of individuals subject to
22        monitoring under a discretionary order of the Prisoner
23        Review Board at the time of their release; and
24            (D) the number of individuals subject to
25        monitoring as a sanction for violations of parole or
26        mandatory supervised release, separated by the

 

 

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1        following categories:
2                (i) the number of individuals subject to
3            monitoring as part of a graduated sanctions
4            program; and
5                (ii) the number of individuals subject to
6            monitoring as a new condition of re-release after a
7            revocation hearing before the Prisoner Review
8            Board;
9        (4) the number of discretionary monitoring orders
10    issued by the Prisoner Review Board, separated by the
11    following categories:
12            (A) less than 30 days;
13            (B) 31 to 60 days;
14            (C) 61 to 90 days;
15            (D) 91 to 120 days;
16            (E) 121 to 150 days;
17            (F) 151 to 180 days;
18            (G) 181 to 364 days;
19            (H) 365 days or more; and
20            (I) duration of release term;
21        (5) the number of discretionary monitoring orders by
22    the Board which removed or terminated monitoring prior to
23    the completion of the original period ordered;
24        (6) the number and severity category for sanctions
25    imposed on individuals on electronic or GPS monitoring,
26    separated by the following categories:

 

 

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1            (A) absconding from electronic monitoring or GPS;
2            (B) tampering or removing the electronic
3        monitoring or GPS device;
4            (C) unauthorized leaving of the residence;
5            (D) presence of the individual in a prohibited
6        area; or
7            (E) other violations of the terms of the electronic
8        monitoring program;
9        (7) the number of individuals for whom a parole
10    revocation case was filed for failure to comply with the
11    terms of electronic or GPS monitoring, separated by the
12    following categories:
13            (A) cases when failure to comply with the terms of
14        monitoring was the sole violation alleged; and
15            (B) cases when failure to comply with the terms of
16        monitoring was alleged in conjunction with other
17        alleged violations;
18        (8) residential data for individuals subject to
19    electronic or GPS monitoring, separated by the following
20    categories:
21            (A) the county of the residence address for
22        individuals subject to electronic or GPS monitoring as
23        a condition of their release; and
24            (B) for counties with a population over 3,000,000,
25        the zip codes of the residence address for individuals
26        subject to electronic or GPS monitoring as a condition

 

 

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1        of their release;
2        (9) the number of individuals for whom parole
3    revocation cases were filed due to violations of paragraph
4    (1) of subsection (a) of Section 3-3-7 of the Unified Code
5    of Corrections, separated by the following categories:
6            (A) the number of individuals whose violation of
7        paragraph (1) of subsection (a) of Section 3-3-7 of the
8        Unified Code of Corrections allegedly occurred while
9        the individual was subject to conditions of electronic
10        or GPS monitoring;
11            (B) the number of individuals who had violations of
12        paragraph (1) of subsection (a) of Section 3-3-7 of the
13        Unified Code of Corrections alleged against them who
14        were never subject to electronic or GPS monitoring
15        during their current term of release; and
16            (C) the number of individuals who had violations of
17        paragraph (1) of subsection (a) of Section 3-3-7 of the
18        Unified Code of Corrections alleged against them who
19        were subject to electronic or GPS monitoring for any
20        period of time during their current term of their
21        release, but who were not subject to such monitoring at
22        the time of the alleged violation of paragraph (1) of
23        subsection (a) of Section 3-3-7 of the Unified Code of
24        Corrections.
25(Source: P.A. 96-761, eff. 1-1-10.)".