(730 ILCS 110/15)
(from Ch. 38, par. 204-7)
(1) The Supreme Court of Illinois may establish a Division of
Probation Services whose purpose shall be the development, establishment,
promulgation, and enforcement of uniform standards for probation services in
this State, and to otherwise carry out the intent of this Act. The Division
(a) establish qualifications for chief probation
officers and other probation and court services personnel as to hiring, promotion, and training.
(b) make available, on a timely basis, lists of those
applicants whose qualifications meet the regulations referred to herein, including on said lists all candidates found qualified.
(c) establish a means of verifying the conditions for
reimbursement under this Act and develop criteria for approved costs for reimbursement.
(d) develop standards and approve employee
compensation schedules for probation and court services departments.
(e) employ sufficient personnel in the Division to
carry out the functions of the Division.
(f) establish a system of training and establish
standards for personnel orientation and training.
(g) develop standards for a system of record keeping
for cases and programs, gather statistics, establish a system of uniform forms, and develop research for planning of Probation Services.
(h) develop standards to assure adequate support
personnel, office space, equipment and supplies, travel expenses, and other essential items necessary for Probation and Court Services Departments to carry out their duties.
(i) review and approve annual plans submitted by
Probation and Court Services Departments.
(j) monitor and evaluate all programs operated by
Probation and Court Services Departments, and may include in the program evaluation criteria such factors as the percentage of Probation sentences for felons convicted of Probationable offenses.
(k) seek the cooperation of local and State
government and private agencies to improve the quality of probation and court services.
(l) where appropriate, establish programs and
corresponding standards designed to generally improve the quality of probation and court services and reduce the rate of adult or juvenile offenders committed to the Department of Corrections.
(m) establish such other standards and regulations
and do all acts necessary to carry out the intent and purposes of this Act.
The Division shall develop standards to implement the Domestic Violence Surveillance Program established under Section 5-8A-7 of the Unified Code of Corrections, including (i) procurement of equipment and other services necessary to implement the program and (ii) development of uniform standards for the delivery of the program through county probation departments, and develop standards for collecting data to evaluate the impact and costs of the Domestic Violence Surveillance Program.
The Division shall establish a model list of structured intermediate
sanctions that may be imposed by a probation agency for violations of terms and
conditions of a sentence of probation, conditional discharge, or supervision.
The Division shall establish training standards for continuing education of probation officers and supervisors and broaden access to available training programs.
The State of Illinois shall provide for the costs of personnel, travel,
equipment, telecommunications, postage, commodities, printing, space,
contractual services and other related costs necessary to carry out the
intent of this Act.
(2)(a) The chief judge of each circuit shall provide
full-time probation services for all counties
within the circuit, in a
manner consistent with the annual probation plan,
the standards, policies,
and regulations established by the Supreme Court. A
probation district of
two or more counties within a circuit may be created for the purposes of
providing full-time probation services. Every
county or group of
counties within a circuit shall maintain a
probation department which shall
be under the authority of the Chief Judge of the circuit or some other
judge designated by the Chief Judge. The Chief Judge, through the
Probation and Court Services Department shall
submit annual plans to the
Division for probation and related services.
(b) The Chief Judge of each circuit shall appoint the Chief
Officer and all other probation officers for his
or her circuit from lists
of qualified applicants supplied by the Supreme Court. Candidates for chief
managing officer and other probation officer
positions must apply with both
the Chief Judge of the circuit and the Supreme Court.
(3) A Probation and Court Service Department
shall apply to the
Supreme Court for funds for basic services, and may apply for funds for new
and expanded programs or Individualized Services and Programs. Costs shall
be reimbursed monthly based on a plan and budget approved by the Supreme
Court. No Department may be reimbursed for costs which exceed or are not
provided for in the approved annual plan and budget. After the effective
date of this amendatory Act of 1985, each county must provide basic
services in accordance with the annual plan and standards created by the
division. No department may receive funds for new or expanded programs or
individualized services and programs unless they are in compliance with
standards as enumerated in paragraph (h) of subsection (1) of this Section,
the annual plan, and standards for basic services.
(4) The Division shall reimburse the county or counties for
services as follows:
(a) 100% of the salary of all chief managing officers
designated as such by the Chief Judge and the division.
(b) 100% of the salary for all probation officer and
supervisor positions approved for reimbursement by the division after April 1, 1984, to meet workload standards and to implement intensive sanction and probation supervision programs and other basic services as defined in this Act.
(c) 100% of the salary for all secure detention
personnel and non-secure group home personnel approved for reimbursement after December 1, 1990. For all such positions approved for reimbursement before December 1, 1990, the counties shall be reimbursed $1,250 per month beginning July 1, 1995, and an additional $250 per month beginning each July 1st thereafter until the positions receive 100% salary reimbursement. Allocation of such positions will be based on comparative need considering capacity, staff/resident ratio, physical plant and program.
(d) $1,000 per month for salaries for the remaining
probation officer positions engaged in basic services and new or expanded services. All such positions shall be approved by the division in accordance with this Act and division standards.
(e) 100% of the travel expenses in accordance with
Division standards for all Probation positions approved under paragraph (b) of subsection 4 of this Section.
(f) If the amount of funds reimbursed to the county
under paragraphs (a) through (e) of subsection 4 of this Section on an annual basis is less than the amount the county had received during the 12 month period immediately prior to the effective date of this amendatory Act of 1985, then the Division shall reimburse the amount of the difference to the county. The effect of paragraph (b) of subsection 7 of this Section shall be considered in implementing this supplemental reimbursement provision.
(5) The Division shall provide funds beginning on April 1, 1987 for the
counties to provide Individualized Services and Programs as provided in
Section 16 of this Act.
(6) A Probation and Court Services Department
in order to be eligible
for the reimbursement must submit to the Supreme Court an application
containing such information and in such a form and by such dates as the
Supreme Court may require. Departments to be eligible for funding must
satisfy the following conditions:
(a) The Department shall have on file with the
Supreme Court an annual Probation plan for continuing, improved, and new Probation and Court Services Programs approved by the Supreme Court or its designee. This plan shall indicate the manner in which Probation and Court Services will be delivered and improved, consistent with the minimum standards and regulations for Probation and Court Services, as established by the Supreme Court. In counties with more than one Probation and Court Services Department eligible to receive funds, all Departments within that county must submit plans which are approved by the Supreme Court.
(b) The annual probation plan shall seek to generally
improve the quality of probation services and to reduce the commitment of adult offenders to the Department of Corrections and to reduce the commitment of juvenile offenders to the Department of Juvenile Justice and shall require, when appropriate, coordination with the Department of Corrections, the Department of Juvenile Justice, and the Department of Children and Family Services in the development and use of community resources, information systems, case review and permanency planning systems to avoid the duplication of services.
(c) The Department shall be in compliance with
standards developed by the Supreme Court for basic, new and expanded services, training, personnel hiring and promotion.
(d) The Department shall in its annual plan indicate
the manner in which it will support the rights of crime victims and in which manner it will implement Article I, Section 8.1 of the Illinois Constitution and in what manner it will coordinate crime victims' support services with other criminal justice agencies within its jurisdiction, including but not limited to, the State's Attorney, the Sheriff and any municipal police department.
(7) No statement shall be verified by the Supreme Court or its
designee or vouchered by the Comptroller unless each of the following
conditions have been met:
(a) The probation officer is a full-time employee
appointed by the Chief Judge to provide probation services.
(b) The probation officer, in order to be eligible
for State reimbursement, is receiving a salary of at least $17,000 per year.
(c) The probation officer is appointed or was
reappointed in accordance with minimum qualifications or criteria established by the Supreme Court; however, all probation officers appointed prior to January 1, 1978, shall be exempted from the minimum requirements established by the Supreme Court. Payments shall be made to counties employing these exempted probation officers as long as they are employed in the position held on the effective date of this amendatory Act of 1985. Promotions shall be governed by minimum qualifications established by the Supreme Court.
(d) The Department has an established compensation
schedule approved by the Supreme Court. The compensation schedule shall include salary ranges with necessary increments to compensate each employee. The increments shall, within the salary ranges, be based on such factors as bona fide occupational qualifications, performance, and length of service. Each position in the Department shall be placed on the compensation schedule according to job duties and responsibilities of such position. The policy and procedures of the compensation schedule shall be made available to each employee.
(8) In order to obtain full reimbursement of all approved costs, each
Department must continue to employ at least the same number of
officers and probation managers as were
authorized for employment for the
fiscal year which includes January 1, 1985. This number shall be designated
as the base amount of the Department. No positions approved by the Division
under paragraph (b) of subsection 4 will be included in the base amount.
In the event that the Department employs fewer
Probation officers and
Probation managers than the base amount for a
period of 90 days, funding
received by the Department under subsection 4 of this
Section may be reduced on a monthly basis by the amount of the current
salaries of any positions below the base amount.
(9) Before the 15th day of each month, the treasurer of any county which
has a Probation and Court Services Department, or
the treasurer of the most
populous county, in the case of a Probation or
Court Services Department
funded by more than one county, shall submit an itemized statement of all
approved costs incurred in the delivery of Basic
Probation and Court
Services under this Act to the Supreme Court.
The treasurer may also submit an itemized statement of all approved costs
incurred in the delivery of new and expanded
Probation and Court Services
as well as Individualized Services and Programs. The Supreme Court or
its designee shall verify compliance with this Section and shall examine
and audit the monthly statement and, upon finding them to be correct, shall
forward them to the Comptroller for payment to the county treasurer. In the
case of payment to a treasurer of a county which is the most populous of
counties sharing the salary and expenses of a
Probation and Court Services
Department, the treasurer shall divide the money between the counties in a
manner that reflects each county's share of the cost incurred by the
(10) The county treasurer must certify that funds received under this
Section shall be used solely to maintain and improve
Probation and Court
Services. The county or circuit shall remain in compliance with all
standards, policies and regulations established by the Supreme Court.
If at any time the Supreme Court determines that a county or circuit is not
in compliance, the Supreme Court shall immediately notify the Chief Judge,
county board chairman and the Director of Court Services Chief
Probation Officer. If after 90 days of written
notice the noncompliance
still exists, the Supreme Court shall be required to reduce the amount of
monthly reimbursement by 10%. An additional 10% reduction of monthly
reimbursement shall occur for each consecutive month of noncompliance.
Except as provided in subsection 5 of Section 15, funding to counties shall
commence on April 1, 1986. Funds received under this Act shall be used to
provide for Probation Department expenses
including those required under
Section 13 of this Act. The Mandatory
Arbitration Fund may be used to provide for Probation Department expenses,
including those required under Section 13 of this Act.
(11) The respective counties shall be responsible for capital and space
costs, fringe benefits, clerical costs, equipment, telecommunications,
postage, commodities and printing.
(12) For purposes of this Act only, probation officers shall be
peace officers. In the
exercise of their official duties, probation
officers, sheriffs, and police
officers may, anywhere within the State, arrest any probationer who is in
violation of any of the conditions of his or her probation, conditional
discharge, or supervision, and it shall be the
duty of the officer making the arrest to take the probationer
Court having jurisdiction over the probationer for further order.
(Source: P.A. 100-91, eff. 8-11-17.)
(730 ILCS 110/16.1)
Redeploy Illinois Program.
(a) The purpose of this Section is to encourage the
deinstitutionalization of juvenile offenders by establishing
projects in counties or groups of counties that
reallocate State funds from juvenile correctional confinement
to local jurisdictions, which will establish a continuum of
local, community-based sanctions and treatment alternatives
for juvenile offenders who would be incarcerated if those
local services and sanctions did not exist. It is also intended to offer alternatives, when appropriate, to avoid commitment to the Department of Juvenile Justice, to direct child welfare services for minors charged with a criminal offense or adjudicated delinquent under Section 5 of the Children and Family Services Act. The allotment of
funds will be based on a formula that rewards local
jurisdictions for the establishment or expansion of local
alternatives to incarceration, and requires them to pay for
utilization of incarceration as a sanction. In addition, there shall be an allocation of resources (amount to be determined annually by the Redeploy Illinois Oversight Board) set aside at the beginning of each fiscal year to be made available for any county or groups of counties which need resources only occasionally for services to avoid commitment to the Department of Juvenile Justice for a limited number of youth. This redeployment
of funds shall be made in a manner consistent with the
Juvenile Court Act of 1987 and the following purposes and
(1) The juvenile justice system should protect the
community, impose accountability to victims and communities for violations of law, and equip juvenile offenders with competencies to live responsibly and productively.
(2) Juveniles should be treated in the least
restrictive manner possible while maintaining the safety of the community.
(3) A continuum of services and sanctions from least
restrictive to most restrictive should be available in every community.
(4) There should be local responsibility and
authority for planning, organizing, and coordinating service resources in the community. People in the community can best choose a range of services which reflect community values and meet the needs of their own youth.
(5) Juveniles who pose a threat to the community or
themselves need special care, including secure settings. Such services as detention, long-term incarceration, or residential treatment are too costly to provide in each community and should be coordinated and provided on a regional or Statewide basis.
(6) The roles of State and local government in
creating and maintaining services to youth in the juvenile justice system should be clearly defined. The role of the State is to fund services, set standards of care, train service providers, and monitor the integration and coordination of services. The role of local government should be to oversee the provision of services.
(b) Each county or circuit participating in the Redeploy Illinois
program must create a local plan demonstrating how it will
reduce the county or circuit's utilization of secure
confinement of juvenile offenders in the Illinois Department
of Juvenile Justice or county detention centers by the creation or
expansion of individualized services or programs that may
include but are not limited to the following:
(1) Assessment and evaluation services to provide the
juvenile justice system with accurate individualized case information on each juvenile offender including mental health, substance abuse, educational, and family information;
(2) Direct services to individual juvenile offenders
including educational, vocational, mental health, substance abuse, supervision, and service coordination; and
(3) Programs that seek to restore the offender to the
community, such as victim offender panels, teen courts, competency building, enhanced accountability measures, restitution, and community service. The local plan must be directed in such a manner as to emphasize an individualized approach to providing services to juvenile offenders in an integrated community based system including probation as the broker of services. The plan must also detail the reduction in utilization of secure confinement. The local plan shall be limited to services and shall not include costs for:
(i) capital expenditures;
(ii) renovations or remodeling;
(iii) personnel costs for probation.
The local plan shall be submitted to the Department of Human
(c) A county or group of counties may develop an
agreement with the Department of Human Services to reduce their
commitments of juvenile offenders, excluding minors sentenced
based upon a finding of guilt of first degree murder or an offense which is a
Class X forcible felony as defined in the Criminal Code of 2012, to the
Juvenile Justice, and then use the savings to develop local
programming for youth who would otherwise have been committed
to the Department of Juvenile Justice. A county or group of
counties shall agree to limit their commitments to 75% of the
level of commitments from the average number of juvenile
commitments for the past 3 years, and will receive the
savings to redeploy for local programming for juveniles who
would otherwise be held in confinement. For any county or group of counties with a decrease of juvenile commitments of at least 25%, based on the average reductions of the prior 3 years, which are chosen to participate or continue as sites, the Redeploy Illinois Oversight Board has the authority to reduce the required percentage of future commitments to achieve the purpose of this Section. The agreement shall
set forth the following:
(1) a Statement of the number and type of juvenile
offenders from the county who were held in secure confinement by the Illinois Department of Juvenile Justice or in county detention the previous year, and an explanation of which, and how many, of these offenders might be served through the proposed Redeploy Illinois Program for which the funds shall be used;
(2) a Statement of the service needs of currently
(3) a Statement of the type of services and programs
to provide for the individual needs of the juvenile offenders, and the research or evidence base that qualifies those services and programs as proven or promising practices;
(4) a budget indicating the costs of each service or
program to be funded under the plan;
(5) a summary of contracts and service agreements
indicating the treatment goals and number of juvenile offenders to be served by each service provider; and
(6) a Statement indicating that the Redeploy Illinois
Program will not duplicate existing services and programs. Funds for this plan shall not supplant existing county funded programs.
In a county with a population exceeding 2,000,000, the Redeploy Illinois Oversight Board may authorize the Department of Human Services to enter into an agreement with that county to reduce the number of commitments by the same percentage as is required by this Section of other counties, and with all of the same requirements of this Act, including reporting and evaluation, except that the agreement may encompass a clearly identifiable geographical subdivision of that county. The geographical subdivision may include, but is not limited to, a police district or group of police districts, a geographical area making up a court calendar or group of court calendars, a municipal district or group of municipal districts, or a municipality or group of municipalities.
(d-5) A county or group of counties that does not have an approved Redeploy Illinois program, as described in subsection (b), and that has committed fewer than 10 Redeploy eligible youth to the Department of Juvenile Justice on average over the previous 3 years, may develop an individualized agreement with the Department of Human Services through the Redeploy Illinois program to provide services to youth to avoid commitment to the Department of Juvenile Justice.
The agreement shall set forth the following:
(1) a statement of the number and type of juvenile
offenders from the county who were at risk under any of the categories listed above during the 3 previous years, and an explanation of which of these offenders would be served through the proposed Redeploy Illinois program for which the funds shall be used, or through individualized contracts with existing Redeploy programs in neighboring counties;
(2) a statement of the service needs;
(3) a statement of the type of services and programs
to provide for the individual needs of the juvenile offenders, and the research or evidence that qualifies those services and programs as proven or promising practices;
(4) a budget indicating the costs of each service or
program to be funded under the plan;
(5) a summary of contracts and service agreements
indicating the treatment goals and number of juvenile offenders to be served by each service provider; and
(6) a statement indicating that the Redeploy Illinois
program will not duplicate existing services and programs. Funds for this plan shall not supplant existing county funded programs.
(e) The Department of Human Services shall be responsible for
(1) Reviewing each Redeploy Illinois Program plan for
compliance with standards established for such plans. A plan may be approved as submitted, approved with modifications, or rejected. No plan shall be considered for approval if the circuit or county is not in full compliance with all regulations, standards and guidelines pertaining to the delivery of basic probation services as established by the Supreme Court.
(2) Monitoring on a continual basis and evaluating
annually both the program and its fiscal activities in all counties receiving an allocation under the Redeploy Illinois Program. Any program or service that has not met the goals and objectives of its contract or service agreement shall be subject to denial for funding in subsequent years. The Department of Human Services shall evaluate the effectiveness of the Redeploy Illinois Program in each circuit or county. In determining the future funding for the Redeploy Illinois Program under this Act, the evaluation shall include, as a primary indicator of success, a decreased number of confinement days for the county's juvenile offenders.
(f) Any Redeploy Illinois Program allocations not
applied for and approved by the Department of Human Services
available for redistribution to approved plans for the
remainder of that fiscal year. Any county that invests local
moneys in the Redeploy Illinois Program shall be given first
consideration for any redistribution of allocations. Jurisdictions
participating in Redeploy Illinois that exceed their agreed upon level of
commitments to the Department of Juvenile Justice shall reimburse the
Department of Corrections for each commitment above the agreed upon
(g) Implementation of Redeploy Illinois.
(1) Oversight of Redeploy Illinois.
(i) Redeploy Illinois Oversight Board. The
Department of Human Services shall convene an oversight board to oversee the Redeploy Illinois Program. The Board shall include, but not be limited to, designees from the Department of Juvenile Justice, the Administrative Office of Illinois Courts, the Illinois Juvenile Justice Commission, the Illinois Criminal Justice Information Authority, the Department of Children and Family Services, the State Board of Education, the Cook County State's Attorney, and a State's Attorney selected by the President of the Illinois State's Attorney's Association, the Cook County Public Defender, a representative of the defense bar appointed by the Chief Justice of the Illinois Supreme Court, a representative of probation appointed by the Chief Justice of the Illinois Supreme Court, and judicial representation appointed by the Chief Justice of the Illinois Supreme Court. Up to an additional 9 members may be appointed by the Secretary of Human Services from recommendations by the Oversight Board; these appointees shall possess a knowledge of juvenile justice issues and reflect the collaborative public/private relationship of Redeploy programs.
(ii) Responsibilities of the Redeploy Illinois
Oversight Board. The Oversight Board shall:
(A) Identify jurisdictions to be included in
the program of Redeploy Illinois.
(B) Develop a formula for reimbursement of
local jurisdictions for local and community-based services utilized in lieu of commitment to the Department of Juvenile Justice, as well as for any charges for local jurisdictions for commitments above the agreed upon limit in the approved plan.
(C) Identify resources sufficient to support
the administration and evaluation of Redeploy Illinois.
(D) Develop a process and identify resources
to support on-going monitoring and evaluation of Redeploy Illinois.
(E) Develop a process and identify resources
to support training on Redeploy Illinois.
(E-5) Review proposed individualized
agreements and approve where appropriate the distribution of resources.
(F) Report to the Governor and the General
Assembly on an annual basis on the progress of Redeploy Illinois.
(iii) Length of Planning Phase. The planning
phase may last up to, but may in no event last longer than, July 1, 2004.
(3) There shall be created the Redeploy County Review
Committee composed of the designees of the Secretary of Human Services and the Directors of Juvenile Justice, of Children and Family Services, and of the Governor's Office of Management and Budget who shall constitute a subcommittee of the Redeploy Illinois Oversight Board.
(h) Responsibilities of the County Review Committee. The County Review Committee shall:
(1) Review individualized agreements from counties
requesting resources on an occasional basis for services for youth described in subsection (d-5).
(2) Report its decisions to the Redeploy Illinois
Oversight Board at regularly scheduled meetings.
(3) Monitor the effectiveness of the resources in
meeting the mandates of the Redeploy Illinois program set forth in this Section so these results might be included in the Report described in clause (g)(1)(ii)(F).
(4) During the third quarter, assess the amount of
remaining funds available and necessary to complete the fiscal year so that any unused funds may be distributed as defined in subsection (f).
(5) Ensure that the number of youth from any
applicant county receiving individualized resources will not exceed the previous three-year average of Redeploy eligible recipients and that counties are in conformity with all other elements of this law.
(i) Implementation of this Section is subject to appropriation.
(j) Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of and procedures and rules implementing the Illinois Administrative Procedure Act; any purported rule not so adopted, for whatever reason, is unauthorized.
(Source: P.A. 97-1150, eff. 1-25-13; 98-60, eff. 1-1-14.)