Public Act 098-0060
 
HB2401 EnrolledLRB098 07734 RLC 37812 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Probation and Probation Officers Act is 
amended  by changing Section 16.1 as follows:
 
    (730 ILCS 110/16.1)

    Sec. 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
policies:


        (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
Services.


    (c) A county or group of counties may develop an
agreement 
with the Department of Human Services to reduce their
number of

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 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 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

    confined juveniles;


        (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) (Blank).


    (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
the
following:


        (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
shall be

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
level.


    (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.


        (2) (Blank).


        (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. 94-696, eff. 6-1-06; 94-1032, eff. 1-1-07; 
95-1050, eff. 1-1-10.)