Public Act 0728 103RD GENERAL ASSEMBLY

HB4409 Enrolled LRB103 35995 RLC 66082 b

Public Act 103-0728

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Crime Reduction Act of 2009 is amended by changing Section 20 as follows:

(730 ILCS 190/20)

Sec. 20. Adult Redeploy Illinois.

(a) Purpose. When justice-impacted individuals offenders are accurately assessed for risk, assets, and needs, it is possible to identify which people should be sent to prison and which people can be effectively supervised in the locality. By providing financial incentives to counties or judicial circuits to create effective local-level evidence-based services, it is possible to reduce crime and recidivism at a lower cost to taxpayers. Based on this model, this Act hereby creates the Adult Redeploy Illinois program for probation-eligible justice-impacted individuals offenders in order to increase public safety and encourage the successful local supervision of eligible justice-impacted individuals offenders and their reintegration into the locality.

(a-5) For the purpose of this Section, "justice-impacted individual" has the same meaning as "offender" in Section 5 of this Act.

(b) The Adult Redeploy Illinois program shall allocate reallocate State funds to local jurisdictions that successfully establish a process to assess justice-impacted individuals offenders and provide a continuum of locally based sanctions and treatment alternatives for justice-impacted individuals offenders who would be incarcerated in a State facility if those local services and sanctions did not exist. Funds shall be distributed via a grant program The allotment of funds shall be based on a formula that rewards local jurisdictions for the establishment or expansion of local supervision programs and requires them to pay the amount determined in subsection (e) if incarceration targets as defined in subsection (e) are not met.

(c) Each county or circuit participating in the Adult Redeploy Illinois program shall create a local plan describing how it will protect public safety and reduce the county or circuit's utilization of incarceration in State facilities or local county jails by the creation or expansion of individualized services or programs.

(d) Based on the local plan, a county or circuit shall enter into an agreement with the Adult Redeploy Oversight Board described in subsection (e) to reduce the number of commitments of probation-eligible justice-impacted individuals offenders to State correctional facilities from that county or circuit. The agreement shall include a pledge from the county or circuit to reduce their commitments by 25% of the level of commitments from the average number of commitments for the past 3 years of eligible justice-impacted individuals offenders. In return, the county or circuit shall receive, based upon a formula described in subsection (e), funds to redeploy for local programming for justice-impacted individuals offenders who would otherwise be incarcerated such as management and supervision, electronic monitoring, and drug testing. The county or circuit shall also be penalized, as described in subsection (e), for failure to reach the goal of reduced commitments stipulated in the agreement.

(d-5) Subject to appropriation to the Illinois Criminal Justice Information Authority, the Adult Redeploy Illinois Oversight Board described in subsection (e) may provide grant funds to qualified organizations that can assist local jurisdictions in training, development, and technical assistance.

(e) Adult Redeploy Illinois Oversight Board; members; responsibilities.

(1) The Adult Redeploy Illinois Oversight Board is created to oversee, provide guidance, and develop an administrative structure for the Adult Redeploy Illinois Program. Once all members have been appointed as outlined in this subsection (e), the Board may exercise any power, perform any function, take any action, or do anything in furtherance of its purposes and goals upon the appointment of a quorum of its members.

(2) The membership of the Oversight Board shall consist of the following:

(A) The Secretary of Human Services or a designee, who shall serve as co-chair;

(B) The Director of Corrections or a designee, who shall serve as co-chair;

(C) The Executive Director of the Illinois Criminal Justice Information Authority or a designee;

(D) The Executive Director of the Sentencing Policy Advisory Council or a designee;

(E) The Chair or Executive Director of the Prisoner Review Board or a designee;

(F) The Cook County State's Attorney or a designee;

(G) The Cook County Public Defender or a designee;

(H) The Attorney General or a designee;

(I) The State Appellate Defender or a designee;

(J) A representative of Cook County Adult Probation appointed by the Chief Judge of the Circuit Court of Cook County;

(K) A representative of Sangamon County Adult Probation appointed by the Chief Circuit Judge of the Seventh Judicial Circuit;

(L) A representative of DuPage County Adult Probation appointed by the Chief Circuit Judge of the Eighteenth Judicial Circuit;

(M) The following additional members, each of whom shall be appointed by majority vote by the Oversight Board:

(i) A State's Attorney selected by the President of the Illinois State's Attorneys Association;

(ii) 4 representatives from non-governmental organizations, including, but not limited to, service providers; and

(iii) 2 individuals who were participants in Adult Redeploy Illinois-funded programs. The Secretary of Human Services and the Director of Corrections shall within 3 months after January 1, 2010 (the effective date of Public Act 96-761) convene and act as co-chairs of an oversight board to oversee the Adult Redeploy Program. The Board shall include, but not be limited to, designees from the Prisoner Review Board, Office of the Attorney General, Illinois Criminal Justice Information Authority, and Sentencing Policy Advisory Council; the Cook County State's Attorney or a designee; a State's Attorney selected by the President of the Illinois State's Attorneys Association; the State Appellate Defender or a designee; the Cook County Public Defender or a designee; a representative of Cook County Adult Probation, a representative of DuPage County Adult Probation; a representative of Sangamon County Adult Probation; and 4 representatives from non-governmental organizations, including service providers.

(3) Members shall serve without compensation but shall be reimbursed for actual expenses incurred in the performance of their duties.

(4) (2) The Oversight Board shall within one year after January 1, 2010 (the effective date of Public Act 96-761):

(A) Develop a process to solicit applications from and identify jurisdictions to be included in the Adult Redeploy Illinois program.

(B) Define categories of membership for local entities to participate in the creation and oversight of the local Adult Redeploy Illinois program.

(C) Establish a grant program Develop a formula for the allotment of funds to local jurisdictions for local and community-based services in lieu of commitment to the Department of Corrections and a penalty amount for failure to reach the goal of reduced commitments stipulated in the plans.

(D) Develop a standard format for the local plan to be submitted by the local entity created in each county or circuit.

(E) Identify and secure resources sufficient to support the administration and evaluation of Adult Redeploy Illinois.

(F) Develop a process to support ongoing monitoring and evaluation of Adult Redeploy Illinois.

(G) Review local plans and proposed agreements and approve the distribution of resources.

(H) Develop a performance measurement system that includes but is not limited to the following key performance indicators: recidivism, rate of revocations, employment rates, education achievement, successful completion of substance abuse treatment programs, and payment of victim restitution. Each county or circuit shall include the performance measurement system in its local plan and provide data annually to evaluate its success.

(I) Report annually the results of the performance measurements on a timely basis to the Governor and General Assembly.

(5) (3) The Oversight Board shall:

(A) Develop a process to solicit grant applications from eligible training, development, and technical assistance organizations.

(B) Review grant applications and proposed grant agreements and approve the distribution of resources.

(C) Develop a process to support ongoing monitoring of training, development, and technical assistance grantees.

(6) Grant funds awarded pursuant to this Section shall be administered by the Illinois Criminal Justice Information Authority, in coordination with the Oversight Board, and shall be consistent with the requirements of the Grant Accountability and Transparency Act.

(7) The Illinois Criminal Justice Information Authority shall provide administrative support to the Adult Redeploy Illinois Oversight Board.

(Source: P.A. 103-8, eff. 6-7-23.)