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91_HB1164
LRB9102474RCks
1 AN ACT in relation to probation officers.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Probation and Probation Officers Act is
5 amended by changing Sections 10 and 15 as follows:
6 (730 ILCS 110/10) (from Ch. 38, par. 204-2)
7 Sec. 10. Before entering upon the duties of his or her
8 office, each probation officer shall take and subscribe to an
9 oath before the Chief Judge county clerk of his or her
10 circuit or his or her designee county to support the
11 constitution and laws of the United States and of the State
12 of Illinois, and faithfully to perform the duties of his or
13 her office.
14 (Source: P.A. 84-692.)
15 (730 ILCS 110/15) (from Ch. 38, par. 204-7)
16 Sec. 15. (1) The Supreme Court of Illinois may establish
17 a Division of Probation Services whose purpose shall be the
18 development, establishment, promulgation, and enforcement of
19 uniform standards for probation services in this State, and
20 to otherwise carry out the intent of this Act. The Division
21 may:
22 (a) establish qualifications for chief probation
23 officers and other probation and court services personnel
24 as to hiring, promotion, and training.
25 (b) make available, on a timely basis, lists of
26 those applicants whose qualifications meet the
27 regulations referred to herein, including on said lists
28 all candidates found qualified.
29 (c) establish a means of verifying the conditions
30 for reimbursement under this Act and develop criteria for
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1 approved costs for reimbursement.
2 (d) develop standards and approve employee
3 compensation schedules for probation and court services
4 departments.
5 (e) employ sufficient personnel in the Division to
6 carry out the functions of the Division.
7 (f) establish a system of training and establish
8 standards for personnel orientation and training.
9 (g) develop standards for a system of record
10 keeping for cases and programs, gather statistics,
11 establish a system of uniform forms, and develop research
12 for planning of Probation Services.
13 (h) develop standards to assure adequate support
14 personnel, office space, equipment and supplies, travel
15 expenses, and other essential items necessary for
16 Probation and Court Services Departments to carry out
17 their duties.
18 (i) review and approve annual plans submitted by
19 Probation and Court Services Departments.
20 (j) monitor and evaluate all programs operated by
21 Probation and Court Services Departments, and may include
22 in the program evaluation criteria such factors as the
23 percentage of Probation sentences for felons convicted of
24 Probationable offenses.
25 (k) seek the cooperation of local and State
26 government and private agencies to improve the quality of
27 probation and court services.
28 (l) where appropriate, establish programs and
29 corresponding standards designed to generally improve the
30 quality of probation and court services and reduce the
31 rate of adult or juvenile offenders committed to the
32 Department of Corrections.
33 (m) establish such other standards and regulations
34 and do all acts necessary to carry out the intent and
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1 purposes of this Act.
2 The Division shall establish a model list of structured
3 intermediate sanctions that may be imposed by a probation
4 agency for violations of terms and conditions of a sentence
5 of probation, conditional discharge, or supervision.
6 The State of Illinois shall provide for the costs of
7 personnel, travel, equipment, telecommunications, postage,
8 commodities, printing, space, contractual services and other
9 related costs necessary to carry out the intent of this Act.
10 (2) (a) The chief judge of each circuit shall provide
11 full-time probation services for all counties within the
12 circuit, in a manner consistent with the annual probation
13 plan, the standards, policies, and regulations established by
14 the Supreme Court. A probation district of two or more
15 counties within a circuit may be created for the purposes of
16 providing full-time probation services. Every county or group
17 of counties within a circuit shall maintain a probation
18 department which shall be under the authority of the Chief
19 Judge of the circuit or some other judge designated by the
20 Chief Judge. The Chief Judge, through the Probation and Court
21 Services Department shall submit annual plans to the Division
22 for probation and related services.
23 (b) The Chief Judge of each circuit shall appoint the
24 Chief Probation Officer and all other probation officers for
25 his or her circuit from lists of qualified applicants
26 supplied by the Supreme Court. Candidates for chief managing
27 officer and other probation officer positions must apply with
28 both the Chief Judge of the circuit and the Supreme Court.
29 (3) A Probation and Court Service Department shall apply
30 to the Supreme Court for funds for basic services, and may
31 apply for funds for new and expanded programs or
32 Individualized Services and Programs. Costs shall be
33 reimbursed monthly based on a plan and budget approved by the
34 Supreme Court. No Department may be reimbursed for costs
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1 which exceed or are not provided for in the approved annual
2 plan and budget. After the effective date of this amendatory
3 Act of 1985, each county must provide basic services in
4 accordance with the annual plan and standards created by the
5 division. No department may receive funds for new or expanded
6 programs or individualized services and programs unless they
7 are in compliance with standards as enumerated in paragraph
8 (h) of subsection (1) of this Section, the annual plan, and
9 standards for basic services.
10 (4) The Division shall reimburse the county or counties
11 for probation services as follows:
12 (a) 100% of the salary of all chief managing
13 officers designated as such by the Chief Judge and the
14 division.
15 (b) 100% of the salary for all probation officer
16 and supervisor positions approved for reimbursement by
17 the division after April 1, 1984, to meet workload
18 standards and to implement intensive sanction and
19 probation supervision programs and other basic services
20 as defined in this Act.
21 (c) 100% of the salary for all secure detention
22 personnel and non-secure group home personnel approved
23 for reimbursement after December 1, 1990. For all such
24 positions approved for reimbursement before December 1,
25 1990, the counties shall be reimbursed $1,250 per month
26 beginning July 1, 1995, and an additional $250 per month
27 beginning each July 1st thereafter until the positions
28 receive 100% salary reimbursement. Allocation of such
29 positions will be based on comparative need considering
30 capacity, staff/resident ratio, physical plant and
31 program.
32 (d) $1,000 per month for salaries for the remaining
33 probation officer positions engaged in basic services and
34 new or expanded services. All such positions shall be
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1 approved by the division in accordance with this Act and
2 division standards.
3 (e) 100% of the travel expenses in accordance with
4 Division standards for all Probation positions approved
5 under paragraph (b) of subsection 4 of this Section.
6 (f) If the amount of funds reimbursed to the county
7 under paragraphs (a) through (e) of subsection 4 of this
8 Section on an annual basis is less than the amount the
9 county had received during the 12 month period
10 immediately prior to the effective date of this
11 amendatory Act of 1985, then the Division shall reimburse
12 the amount of the difference to the county. The effect of
13 paragraph (b) of subsection 7 of this Section shall be
14 considered in implementing this supplemental
15 reimbursement provision.
16 (5) The Division shall provide funds beginning on April
17 1, 1987 for the counties to provide Individualized Services
18 and Programs as provided in Section 16 of this Act.
19 (6) A Probation and Court Services Department in order
20 to be eligible for the reimbursement must submit to the
21 Supreme Court an application containing such information and
22 in such a form and by such dates as the Supreme Court may
23 require. Departments to be eligible for funding must satisfy
24 the following conditions:
25 (a) The Department shall have on file with the
26 Supreme Court an annual Probation plan for continuing,
27 improved, and new Probation and Court Services Programs
28 approved by the Supreme Court or its designee. This plan
29 shall indicate the manner in which Probation and Court
30 Services will be delivered and improved, consistent with
31 the minimum standards and regulations for Probation and
32 Court Services, as established by the Supreme Court. In
33 counties with more than one Probation and Court Services
34 Department eligible to receive funds, all Departments
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1 within that county must submit plans which are approved
2 by the Supreme Court.
3 (b) The annual probation plan shall seek to
4 generally improve the quality of probation services and
5 to reduce the commitment of adult and juvenile offenders
6 to the Department of Corrections and shall require, when
7 appropriate, coordination with the Department of
8 Corrections and the Department of Children and Family
9 Services in the development and use of community
10 resources, information systems, case review and
11 permanency planning systems to avoid the duplication of
12 services.
13 (c) The Department shall be in compliance with
14 standards developed by the Supreme Court for basic, new
15 and expanded services, training, personnel hiring and
16 promotion.
17 (d) The Department shall in its annual plan
18 indicate the manner in which it will support the rights
19 of crime victims and in which manner it will implement
20 Article I, Section 8.1 of the Illinois Constitution and
21 in what manner it will coordinate crime victims' support
22 services with other criminal justice agencies within its
23 jurisdiction, including but not limited to, the State's
24 Attorney, the Sheriff and any municipal police
25 department.
26 (7) No statement shall be verified by the Supreme Court
27 or its designee or vouchered by the Comptroller unless each
28 of the following conditions have been met:
29 (a) The probation officer is an a full-time
30 employee appointed by the Chief Judge to provide
31 probation services.
32 (b) The probation officer, in order to be eligible
33 for State reimbursement, is receiving a salary of at
34 least $17,000 per year.
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1 (c) The probation officer is appointed or was
2 reappointed in accordance with minimum qualifications or
3 criteria established by the Supreme Court; however, all
4 probation officers appointed prior to January 1, 1978,
5 shall be exempted from the minimum requirements
6 established by the Supreme Court. Payments shall be made
7 to counties employing these exempted probation officers
8 as long as they are employed in the position held on the
9 effective date of this amendatory Act of 1985.
10 Promotions shall be governed by minimum qualifications
11 established by the Supreme Court.
12 (d) The Department has an established compensation
13 schedule approved by the Supreme Court. The compensation
14 schedule shall include salary ranges with necessary
15 increments to compensate each employee. The increments
16 shall, within the salary ranges, be based on such factors
17 as bona fide occupational qualifications, performance,
18 and length of service. Each position in the Department
19 shall be placed on the compensation schedule according to
20 job duties and responsibilities of such position. The
21 policy and procedures of the compensation schedule shall
22 be made available to each employee.
23 (8) In order to obtain full reimbursement of all
24 approved costs, each Department must continue to employ at
25 least the same number of probation officers and probation
26 managers as were authorized for employment for the fiscal
27 year which includes January 1, 1985. This number shall be
28 designated as the base amount of the Department. No positions
29 approved by the Division under paragraph (b) of subsection 4
30 will be included in the base amount. In the event that the
31 Department employs fewer Probation officers and Probation
32 managers than the base amount for a period of 90 days,
33 funding received by the Department under subsection 4 of this
34 Section may be reduced on a monthly basis by the amount of
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1 the current salaries of any positions below the base amount.
2 (9) Before the 15th day of each month, the treasurer of
3 any county which has a Probation and Court Services
4 Department, or the treasurer of the most populous county, in
5 the case of a Probation or Court Services Department funded
6 by more than one county, shall submit an itemized statement
7 of all approved costs incurred in the delivery of Basic
8 Probation and Court Services under this Act to the Supreme
9 Court. The treasurer may also submit an itemized statement of
10 all approved costs incurred in the delivery of new and
11 expanded Probation and Court Services as well as
12 Individualized Services and Programs. The Supreme Court or
13 its designee shall verify compliance with this Section and
14 shall examine and audit the monthly statement and, upon
15 finding them to be correct, shall forward them to the
16 Comptroller for payment to the county treasurer. In the case
17 of payment to a treasurer of a county which is the most
18 populous of counties sharing the salary and expenses of a
19 Probation and Court Services Department, the treasurer shall
20 divide the money between the counties in a manner that
21 reflects each county's share of the cost incurred by the
22 Department.
23 (10) The county treasurer must certify that funds
24 received under this Section shall be used solely to maintain
25 and improve Probation and Court Services. The county or
26 circuit shall remain in compliance with all standards,
27 policies and regulations established by the Supreme Court. If
28 at any time the Supreme Court determines that a county or
29 circuit is not in compliance, the Supreme Court shall
30 immediately notify the Chief Judge, county board chairman and
31 the Director of Court Services Chief Probation Officer. If
32 after 90 days of written notice the noncompliance still
33 exists, the Supreme Court shall be required to reduce the
34 amount of monthly reimbursement by 10%. An additional 10%
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1 reduction of monthly reimbursement shall occur for each
2 consecutive month of noncompliance. Except as provided in
3 subsection 5 of Section 15, funding to counties shall
4 commence on April 1, 1986. Funds received under this Act
5 shall be used to provide for Probation Department expenses
6 including those required under Section 13 of this Act.
7 (11) The respective counties shall be responsible for
8 capital and space costs, fringe benefits, clerical costs,
9 equipment, telecommunications, postage, commodities and
10 printing.
11 (12) Probation officers shall be considered peace
12 officers in the exercise of their official duties. Probation
13 officers, sheriffs and police officers may, anywhere within
14 the State, arrest any probationer who is in violation of any
15 of the conditions of his probation, and it shall be the duty
16 of the officer making such arrest to take said probationer
17 before the Court having jurisdiction over him for further
18 order.
19 (Source: P.A. 89-198, eff. 7-21-95; 89-390, eff. 8-20-95;
20 89-626, eff. 8-9-96.)
21 Section 10. The Adoption Act is amended by changing
22 Section 6 as follows:
23 (750 ILCS 50/6) (from Ch. 40, par. 1508)
24 Sec. 6. A. Investigation; all cases. Within 10 days
25 after the filing of a petition for the adoption of a child
26 other than a related child, the court shall appoint a child
27 welfare agency approved by the Department of Children and
28 Family Services or a probation officer of the court, or in
29 Cook County the Court Services Division of the Cook County
30 Department of Public Aid, or the Department of Children and
31 Family Services if the court determines that no child welfare
32 agency is available or that the petitioner is financially
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1 unable to pay for the investigation, to investigate
2 accurately, fully and promptly, the allegations contained in
3 the petition; the character, reputation, health and general
4 standing in the community of the petitioners; the religious
5 faith of the petitioners and, if ascertainable, of the child
6 sought to be adopted; and whether the petitioners are proper
7 persons to adopt the child and whether the child is a proper
8 subject of adoption. The investigation required under this
9 Section shall include a criminal background check with a
10 review of fingerprints by State and federal authorities. The
11 criminal background check required by this Section shall
12 include a listing of when, where and by whom the criminal
13 background check was prepared. The criminal background check
14 required by this Section shall not be more than two years
15 old.
16 Neither a clerk of the circuit court nor a judge may
17 require that a criminal background check or fingerprint
18 review be filed with, or at the same time as, an initial
19 petition for adoption.
20 B. Investigation; foreign-born child. In the case of a
21 child born outside the United States or a territory thereof,
22 in addition to the investigation required under subsection
23 (A) of this Section, a post-placement investigation shall be
24 conducted in accordance with the requirements of the Child
25 Care Act of 1969, the Interstate Compact on the Placement of
26 Children, and regulations of the foreign placing agency and
27 the supervising agency.
28 The requirements of a post-placement investigation shall
29 be deemed to have been satisfied if a valid final order or
30 judgment of adoption has been entered by a court of competent
31 jurisdiction in a country other than the United States or a
32 territory thereof with respect to such child and the
33 petitioners.
34 C. Report of investigation. The court shall determine
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1 whether the costs of the investigation shall be charged to
2 the petitioners. The information obtained as a result of such
3 investigation shall be presented to the court in a written
4 report. The results of the criminal background check required
5 under subsection (A) shall be provided to the court for its
6 review. The court may, in its discretion, weigh the
7 significance of the results of the criminal background check
8 against the entirety of the background of the petitioners.
9 The Court, in its discretion, may accept the report of the
10 investigation previously made by a licensed child welfare
11 agency, if made within one year prior to the entry of the
12 judgment. Such report shall be treated as confidential and
13 withheld from inspection unless findings adverse to the
14 petitioners or to the child sought to be adopted are
15 contained therein, and in that event the court shall inform
16 the petitioners of the relevant portions pertaining to the
17 adverse findings. In no event shall any facts set forth in
18 the report be considered at the hearing of the proceeding,
19 unless established by competent evidence. The report shall be
20 filed with the record of the proceeding. If the file
21 relating to the proceeding is not impounded, the report shall
22 be impounded by the clerk of the court and shall be made
23 available for inspection only upon order of the court.
24 D. Related adoption. Such investigation shall not be
25 made when the petition seeks to adopt a related child or an
26 adult unless the court, in its discretion, shall so order. In
27 such an event the court may appoint a person deemed competent
28 by the court.
29 (Source: P.A. 87-1129; 88-148.)