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| Public Act 100-0091 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Probation and Probation Officers Act is | ||||
amended by changing Section 15 as follows:
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(730 ILCS 110/15) (from Ch. 38, par. 204-7)
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Sec. 15. (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
may:
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(a) establish qualifications for chief probation | ||||
officers and other
probation and court services personnel | ||||
as to hiring, promotion, and training.
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(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.
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(c) establish a means of verifying the conditions for | ||||
reimbursement
under this Act and develop criteria for | ||||
approved costs for reimbursement.
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(d) develop standards and approve employee | ||||
compensation schedules for
probation and court services | ||||
departments.
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(e) employ sufficient personnel in the Division to | ||
carry out the
functions of the Division.
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(f) establish a system of training and establish | ||
standards for personnel
orientation and training.
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(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.
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(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
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duties.
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(i) review and approve annual plans submitted by
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Probation and Court
Services Departments.
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(j) monitor and evaluate all programs operated by
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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.
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(k) seek the cooperation of local and State government | ||
and private
agencies to improve the quality of probation | ||
and
court services.
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(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.
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(m) establish such other standards and regulations and | ||
do all acts
necessary to carry out the intent and purposes | ||
of this Act.
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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.
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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.
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(2) (a) The chief judge of each circuit shall provide
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full-time probation services for all counties
within the | ||
circuit, in a
manner consistent with the annual probation plan,
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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.
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(b) The Chief Judge of each circuit shall appoint the Chief
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Probation
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.
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(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
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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,
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the annual plan, and standards for basic services.
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(4) The Division shall reimburse the county or counties for
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probation
services as follows:
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(a) 100% of the salary of all chief managing officers | ||
designated as such
by the Chief Judge and the division.
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(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
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supervision
programs and other basic services as defined in | ||
this Act.
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(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
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capacity, staff/resident ratio, physical plant and | ||
program.
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(d) $1,000 per month for salaries for the remaining
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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
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division standards.
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(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.
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(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,
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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.
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(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.
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(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:
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(a) The Department shall have on file with the Supreme
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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
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standards and regulations for Probation and Court
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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
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county must submit plans which are approved by the Supreme | ||
Court.
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(b) The annual probation plan shall seek to
generally | ||
improve the
quality of probation services and to reduce the
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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.
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(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.
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(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.
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(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:
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(a) The probation officer is a full-time
employee | ||
appointed by the Chief
Judge to provide probation services.
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(b) The probation officer, in order to be
eligible for | ||
State
reimbursement, is receiving a salary of at least | ||
$17,000 per year.
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(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,
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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
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effective date of this amendatory Act of 1985. Promotions | ||
shall be
governed by minimum qualifications established by | ||
the Supreme Court.
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(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
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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.
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(8) In order to obtain full reimbursement of all approved | ||
costs, each
Department must continue to employ at least the | ||
same number of
probation
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.
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(9) Before the 15th day of each month, the treasurer of any | ||
county which
has a Probation and Court Services Department, or
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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
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Services under this Act to the Supreme Court.
The treasurer may | ||
also submit an itemized statement of all approved costs
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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
Department.
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(10) The county treasurer must certify that funds received | ||
under this
Section shall be used solely to maintain and improve
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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
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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
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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.
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(11) The respective counties shall be responsible for | ||
capital and space
costs, fringe benefits, clerical costs, | ||
equipment, telecommunications,
postage, commodities and | ||
printing.
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(12) For purposes of this Act only, probation officers | ||
shall be
considered
peace officers. In the
exercise of their | ||
official duties, probation
officers, sheriffs, and police
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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
before the
Court having jurisdiction over the | ||
probationer for further order.
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(Source: P.A. 95-707, eff. 1-11-08; 95-773, eff. 1-1-09; | ||
96-688, eff. 8-25-09.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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