| ![](/https/www.ilga.gov/images/1ptrans.gif) |
Public Act 098-0060 Public Act 0060 98TH GENERAL ASSEMBLY |
Public Act 098-0060 | HB2401 Enrolled | LRB098 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 .)
|
Effective Date: 1/1/2014
|
|
|