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| Public Act 095-1050 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Probation and Probation Officers Act is | ||||
amended by changing Section 16.1 as follows: | ||||
(730 ILCS 110/16.1)
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Sec. 16.1. Redeploy Illinois Program.
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(a) The purpose of this Section is to encourage the
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deinstitutionalization of juvenile offenders by establishing
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pilot projects in counties or groups of counties that
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reallocate State funds from juvenile correctional confinement
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to local jurisdictions, which will establish a continuum of
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local, community-based sanctions and treatment alternatives
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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
policies:
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(1) The juvenile justice system should protect the
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community, impose accountability to victims and | ||
communities for
violations of law,
and equip juvenile | ||
offenders with competencies to live
responsibly and | ||
productively.
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(2) Juveniles should be treated in the least
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restrictive manner possible while maintaining the safety
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of the community.
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(3) A continuum of services and sanctions from
least | ||
restrictive to most restrictive should be available
in | ||
every community.
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(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.
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(5) Juveniles who pose a threat to the community or
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themselves need special care, including secure settings.
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Such services as detention, long-term incarceration, or
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residential treatment are too costly to provide in each
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community and should be coordinated and provided on a
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regional or Statewide basis.
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(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.
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(b) Each county or circuit participating in the Redeploy | ||
Illinois pilot
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:
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(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
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information;
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(2) Direct services to individual juvenile
offenders | ||
including educational, vocational, mental
health, | ||
substance abuse, supervision, and service
coordination; | ||
and
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(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:
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(i) capital expenditures;
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(ii) renovations or remodeling;
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(iii) personnel costs for probation.
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The local plan shall be submitted to the Department of | ||
Human
Services.
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(c) A county or group of counties may develop an
agreement | ||
with the Department of Human Services to reduce their
number of
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commitments of juvenile offenders, excluding minors sentenced
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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 1961, to the
Department of
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 pilot 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:
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(1) a Statement of the number and type of juvenile
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offenders from the county who were held in secure
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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;
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(2) a Statement of the service needs of currently
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confined juveniles;
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(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;
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(4) a budget indicating the costs of each service
or | ||
program to be funded under the plan;
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(5) a summary of contracts and service agreements
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indicating the treatment goals and number of juvenile
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offenders to be served by each service provider; and
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(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.
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(d) (Blank).
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(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
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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
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program to be funded under the plan; | ||
(5) a summary of contracts and service agreements
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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
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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
the
following:
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(1) Reviewing each Redeploy Illinois Program plan
for | ||
compliance with standards established for such plans.
A | ||
plan may be approved as submitted, approved with
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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.
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(2) Monitoring on a continual basis and evaluating
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annually both the program and its fiscal activities in
all | ||
counties receiving an allocation under the Redeploy
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Illinois Program. Any program or service that has not met
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the goals and objectives of its contract or service
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agreement shall be subject to denial for funding in
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subsequent years. The Department of Human Services shall
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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
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county's juvenile offenders.
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(f) Any Redeploy Illinois Program allocations not
applied | ||
for and approved by the Department of Human Services
shall be
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available for redistribution to approved plans for the
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remainder of that fiscal year. Any county that invests local
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moneys in the Redeploy Illinois Program shall be given first
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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
level.
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(g) Implementation of Redeploy Illinois.
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(1) Oversight of Redeploy Illinois Planning Phase.
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(i) Redeploy Illinois Oversight Board. The | ||
Department of Human Services
shall convene an | ||
oversight board to oversee the develop plans for a | ||
pilot Redeploy
Illinois
Program. The Board shall | ||
include, but not be limited to, designees from the
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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.
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(ii) Responsibilities of the Redeploy Illinois | ||
Oversight
Board. The Oversight Board shall:
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(A) Identify jurisdictions to be included in | ||
the invited in the initial
pilot program of | ||
Redeploy Illinois.
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(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.
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(C) Identify resources sufficient to support | ||
the
administration and evaluation of Redeploy | ||
Illinois.
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(D) Develop a process and identify resources | ||
to
support on-going monitoring and evaluation of
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Redeploy Illinois.
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(E) Develop a process and identify resources | ||
to
support training on Redeploy Illinois.
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(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.
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(iii) Length of Planning Phase. The planning phase | ||
may last
up to, but may in no event last longer than, | ||
July 1, 2004.
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(2) (Blank). Pilot Phase. In the second phase of the | ||
Redeploy Illinois
program, the Department of Human | ||
Services shall implement
several pilot programs of | ||
Redeploy Illinois in counties or groups of
counties as | ||
identified by the Oversight Board. Annual review of
the | ||
Redeploy Illinois program by the Oversight Board shall | ||
include
recommendations for future sites for Redeploy | ||
Illinois.
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(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. 93-641, eff. 12-31-03; 94-696, eff. 6-1-06; | ||
94-1032, eff. 1-1-07.) | ||