|
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1170 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
| | 730 ILCS 110/15 | from Ch. 38, par. 204-7 |
|
Amends the Probation and Probation Officers Act. Makes a technical change in
a Section concerning the Division of Probation Services.
| |
| | |
| | A BILL FOR |
|
|
| | HB1170 | | LRB099 05034 RLC 25063 b |
|
|
| 1 | | AN ACT concerning criminal law.
|
| 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 Section 15 as follows:
|
| 6 | | (730 ILCS 110/15) (from Ch. 38, par. 204-7)
|
| 7 | | Sec. 15. (1) The
The Supreme Court of Illinois may |
| 8 | | establish a Division of
Probation Services whose purpose shall |
| 9 | | be the development, establishment,
promulgation, and |
| 10 | | enforcement of uniform standards for probation services in
this |
| 11 | | State, and to otherwise carry out the intent of this Act. The |
| 12 | | Division
may:
|
| 13 | | (a) establish qualifications for chief probation |
| 14 | | officers and other
probation and court services personnel |
| 15 | | as to hiring, promotion, and training.
|
| 16 | | (b) make available, on a timely basis, lists of those |
| 17 | | applicants whose
qualifications meet the regulations |
| 18 | | referred to herein, including on said
lists all candidates |
| 19 | | found qualified.
|
| 20 | | (c) establish a means of verifying the conditions for |
| 21 | | reimbursement
under this Act and develop criteria for |
| 22 | | approved costs for reimbursement.
|
| 23 | | (d) develop standards and approve employee |
|
| | HB1170 | - 2 - | LRB099 05034 RLC 25063 b |
|
|
|
| 1 | | compensation schedules for
probation and court services |
| 2 | | departments.
|
| 3 | | (e) employ sufficient personnel in the Division to |
| 4 | | carry out the
functions of the Division.
|
| 5 | | (f) establish a system of training and establish |
| 6 | | standards for personnel
orientation and training.
|
| 7 | | (g) develop standards for a system of record keeping |
| 8 | | for cases and
programs, gather statistics, establish a |
| 9 | | system of uniform forms, and
develop research for planning |
| 10 | | of Probation
Services.
|
| 11 | | (h) develop standards to assure adequate support |
| 12 | | personnel, office
space, equipment and supplies, travel |
| 13 | | expenses, and other essential items
necessary for |
| 14 | | Probation and Court Services
Departments to carry out their
|
| 15 | | duties.
|
| 16 | | (i) review and approve annual plans submitted by
|
| 17 | | Probation and Court
Services Departments.
|
| 18 | | (j) monitor and evaluate all programs operated by
|
| 19 | | Probation and Court
Services Departments, and may include |
| 20 | | in the program evaluation criteria
such factors as the |
| 21 | | percentage of Probation sentences for felons convicted
of |
| 22 | | Probationable offenses.
|
| 23 | | (k) seek the cooperation of local and State government |
| 24 | | and private
agencies to improve the quality of probation |
| 25 | | and
court services.
|
| 26 | | (l) where appropriate, establish programs and |
|
| | HB1170 | - 3 - | LRB099 05034 RLC 25063 b |
|
|
|
| 1 | | corresponding standards
designed to generally improve the |
| 2 | | quality of
probation and court services
and reduce the rate |
| 3 | | of adult or juvenile offenders committed to the
Department |
| 4 | | of Corrections.
|
| 5 | | (m) establish such other standards and regulations and |
| 6 | | do all acts
necessary to carry out the intent and purposes |
| 7 | | of this Act.
|
| 8 | | The Division shall develop standards to implement the |
| 9 | | Domestic Violence Surveillance Program established under |
| 10 | | Section 5-8A-7 of the Unified Code of Corrections, including |
| 11 | | (i) procurement of equipment and other services necessary to |
| 12 | | implement the program and (ii) development of uniform standards |
| 13 | | for the delivery of the program through county probation |
| 14 | | departments, and develop standards for collecting data to |
| 15 | | evaluate the impact and costs of the Domestic Violence |
| 16 | | Surveillance Program. |
| 17 | | The Division shall establish a model list of structured |
| 18 | | intermediate
sanctions that may be imposed by a probation |
| 19 | | agency for violations of terms and
conditions of a sentence of |
| 20 | | probation, conditional discharge, or supervision.
|
| 21 | | The State of Illinois shall provide for the costs of |
| 22 | | personnel, travel,
equipment, telecommunications, postage, |
| 23 | | commodities, printing, space,
contractual services and other |
| 24 | | related costs necessary to carry out the
intent of this Act.
|
| 25 | | (2) (a) The chief judge of each circuit shall provide
|
| 26 | | full-time probation services for all counties
within the |
|
| | HB1170 | - 4 - | LRB099 05034 RLC 25063 b |
|
|
|
| 1 | | circuit, in a
manner consistent with the annual probation plan,
|
| 2 | | the standards, policies,
and regulations established by the |
| 3 | | Supreme Court. A
probation district of
two or more counties |
| 4 | | within a circuit may be created for the purposes of
providing |
| 5 | | full-time probation services. Every
county or group of
counties |
| 6 | | within a circuit shall maintain a
probation department which |
| 7 | | shall
be under the authority of the Chief Judge of the circuit |
| 8 | | or some other
judge designated by the Chief Judge. The Chief |
| 9 | | Judge, through the
Probation and Court Services Department |
| 10 | | shall
submit annual plans to the
Division for probation and |
| 11 | | related services.
|
| 12 | | (b) The Chief Judge of each circuit shall appoint the Chief
|
| 13 | | Probation
Officer and all other probation officers for his
or |
| 14 | | her circuit from lists
of qualified applicants supplied by the |
| 15 | | Supreme Court. Candidates for chief
managing officer and other |
| 16 | | probation officer
positions must apply with both
the Chief |
| 17 | | Judge of the circuit and the Supreme Court.
|
| 18 | | (3) A Probation and Court Service Department
shall apply to |
| 19 | | the
Supreme Court for funds for basic services, and may apply |
| 20 | | for funds for new
and expanded programs or Individualized |
| 21 | | Services and Programs. Costs shall
be reimbursed monthly based |
| 22 | | on a plan and budget approved by the Supreme
Court. No |
| 23 | | Department may be reimbursed for costs which exceed or are not
|
| 24 | | provided for in the approved annual plan and budget. After the |
| 25 | | effective
date of this amendatory Act of 1985, each county must |
| 26 | | provide basic
services in accordance with the annual plan and |
|
| | HB1170 | - 5 - | LRB099 05034 RLC 25063 b |
|
|
|
| 1 | | standards created by the
division. No department may receive |
| 2 | | funds for new or expanded programs or
individualized services |
| 3 | | and programs unless they are in compliance with
standards as |
| 4 | | enumerated in paragraph (h) of subsection (1) of this Section,
|
| 5 | | the annual plan, and standards for basic services.
|
| 6 | | (4) The Division shall reimburse the county or counties for
|
| 7 | | probation
services as follows:
|
| 8 | | (a) 100% of the salary of all chief managing officers |
| 9 | | designated as such
by the Chief Judge and the division.
|
| 10 | | (b) 100% of the salary for all probation
officer and |
| 11 | | supervisor
positions approved for reimbursement by the |
| 12 | | division after April 1, 1984,
to meet workload standards |
| 13 | | and to implement intensive sanction and
probation
|
| 14 | | supervision
programs and other basic services as defined in |
| 15 | | this Act.
|
| 16 | | (c) 100% of the salary for all secure detention |
| 17 | | personnel and non-secure
group home personnel approved for |
| 18 | | reimbursement after December 1, 1990.
For all such |
| 19 | | positions approved for reimbursement
before
December 1, |
| 20 | | 1990, the counties shall be reimbursed $1,250 per month |
| 21 | | beginning
July 1, 1995, and an additional $250 per month |
| 22 | | beginning each July 1st
thereafter until the positions |
| 23 | | receive 100% salary reimbursement.
Allocation of such |
| 24 | | positions will be based on comparative need considering
|
| 25 | | capacity, staff/resident ratio, physical plant and |
| 26 | | program.
|
|
| | HB1170 | - 6 - | LRB099 05034 RLC 25063 b |
|
|
|
| 1 | | (d) $1,000 per month for salaries for the remaining
|
| 2 | | probation officer
positions engaged in basic services and |
| 3 | | new or expanded services. All such
positions shall be |
| 4 | | approved by the division in accordance with this Act and
|
| 5 | | division standards.
|
| 6 | | (e) 100% of the travel expenses in accordance with |
| 7 | | Division standards
for all Probation positions approved |
| 8 | | under
paragraph (b) of subsection 4
of this Section.
|
| 9 | | (f) If the amount of funds reimbursed to the county |
| 10 | | under paragraphs
(a) through (e) of subsection 4 of this |
| 11 | | Section on an annual basis is less
than the amount the |
| 12 | | county had received during the 12 month period
immediately |
| 13 | | prior to the effective date of this amendatory Act of 1985,
|
| 14 | | then the Division shall reimburse the amount of the |
| 15 | | difference to the
county. The effect of paragraph (b) of |
| 16 | | subsection 7 of this Section shall
be considered in |
| 17 | | implementing this supplemental reimbursement provision.
|
| 18 | | (5) The Division shall provide funds beginning on April 1, |
| 19 | | 1987 for the
counties to provide Individualized Services and |
| 20 | | Programs as provided in
Section 16 of this Act.
|
| 21 | | (6) A Probation and Court Services Department
in order to |
| 22 | | be eligible
for the reimbursement must submit to the Supreme |
| 23 | | Court an application
containing such information and in such a |
| 24 | | form and by such dates as the
Supreme Court may require. |
| 25 | | Departments to be eligible for funding must
satisfy the |
| 26 | | following conditions:
|
|
| | HB1170 | - 7 - | LRB099 05034 RLC 25063 b |
|
|
|
| 1 | | (a) The Department shall have on file with the Supreme
|
| 2 | | Court an annual Probation plan for continuing,
improved, |
| 3 | | and
new Probation and Court Services Programs
approved by |
| 4 | | the Supreme Court or its
designee. This plan shall indicate |
| 5 | | the manner in which
Probation and Court
Services will be |
| 6 | | delivered and improved, consistent with the minimum
|
| 7 | | standards and regulations for Probation and Court
|
| 8 | | Services, as established
by the Supreme Court. In counties |
| 9 | | with more than one
Probation and Court
Services Department |
| 10 | | eligible to receive funds, all Departments within that
|
| 11 | | county must submit plans which are approved by the Supreme |
| 12 | | Court.
|
| 13 | | (b) The annual probation plan shall seek to
generally |
| 14 | | improve the
quality of probation services and to reduce the
|
| 15 | | commitment of adult offenders to the Department of |
| 16 | | Corrections and to reduce the
commitment of juvenile |
| 17 | | offenders to the Department of Juvenile Justice and shall |
| 18 | | require, when
appropriate, coordination with the |
| 19 | | Department of Corrections, the Department of Juvenile |
| 20 | | Justice, and the
Department of Children and Family Services |
| 21 | | in the development and use of
community resources, |
| 22 | | information systems, case review and permanency
planning |
| 23 | | systems to avoid the duplication of services.
|
| 24 | | (c) The Department shall be in compliance with |
| 25 | | standards developed by the
Supreme Court for basic, new and |
| 26 | | expanded services, training, personnel
hiring and |
|
| | HB1170 | - 8 - | LRB099 05034 RLC 25063 b |
|
|
|
| 1 | | promotion.
|
| 2 | | (d) The Department shall in its annual plan indicate |
| 3 | | the manner in which
it will support the rights of crime |
| 4 | | victims and in which manner it will
implement Article I, |
| 5 | | Section 8.1 of the Illinois Constitution and in what
manner |
| 6 | | it will coordinate crime victims' support services with |
| 7 | | other criminal
justice agencies within its jurisdiction, |
| 8 | | including but not limited to, the
State's Attorney, the |
| 9 | | Sheriff and any municipal police department.
|
| 10 | | (7) No statement shall be verified by the Supreme Court or |
| 11 | | its
designee or vouchered by the Comptroller unless each of the |
| 12 | | following
conditions have been met:
|
| 13 | | (a) The probation officer is a full-time
employee |
| 14 | | appointed by the Chief
Judge to provide probation services.
|
| 15 | | (b) The probation officer, in order to be
eligible for |
| 16 | | State
reimbursement, is receiving a salary of at least |
| 17 | | $17,000 per year.
|
| 18 | | (c) The probation officer is appointed or
was |
| 19 | | reappointed in accordance
with minimum qualifications or |
| 20 | | criteria established by the Supreme
Court; however, all |
| 21 | | probation officers appointed
prior to January 1, 1978,
|
| 22 | | shall be exempted from the minimum requirements |
| 23 | | established by the Supreme
Court. Payments shall be made to |
| 24 | | counties employing these exempted
probation officers as |
| 25 | | long as they are employed
in the position held on the
|
| 26 | | effective date of this amendatory Act of 1985. Promotions |
|
| | HB1170 | - 9 - | LRB099 05034 RLC 25063 b |
|
|
|
| 1 | | shall be
governed by minimum qualifications established by |
| 2 | | the Supreme Court.
|
| 3 | | (d) The Department has an established compensation |
| 4 | | schedule approved by
the Supreme Court. The compensation |
| 5 | | schedule shall include salary ranges
with necessary |
| 6 | | increments to compensate each employee. The increments
|
| 7 | | shall, within the salary ranges, be based on such factors |
| 8 | | as bona fide
occupational qualifications, performance, and |
| 9 | | length of service. Each
position in the Department shall be |
| 10 | | placed on the compensation schedule
according to job duties |
| 11 | | and responsibilities of such position. The policy
and |
| 12 | | procedures of the compensation schedule shall be made |
| 13 | | available to each
employee.
|
| 14 | | (8) In order to obtain full reimbursement of all approved |
| 15 | | costs, each
Department must continue to employ at least the |
| 16 | | same number of
probation
officers and probation managers as |
| 17 | | were
authorized for employment for the
fiscal year which |
| 18 | | includes January 1, 1985. This number shall be designated
as |
| 19 | | the base amount of the Department. No positions approved by the |
| 20 | | Division
under paragraph (b) of subsection 4 will be included |
| 21 | | in the base amount.
In the event that the Department employs |
| 22 | | fewer
Probation officers and
Probation managers than the base |
| 23 | | amount for a
period of 90 days, funding
received by the |
| 24 | | Department under subsection 4 of this
Section may be reduced on |
| 25 | | a monthly basis by the amount of the current
salaries of any |
| 26 | | positions below the base amount.
|
|
| | HB1170 | - 10 - | LRB099 05034 RLC 25063 b |
|
|
|
| 1 | | (9) Before the 15th day of each month, the treasurer of any |
| 2 | | county which
has a Probation and Court Services Department, or
|
| 3 | | the treasurer of the most
populous county, in the case of a |
| 4 | | Probation or
Court Services Department
funded by more than one |
| 5 | | county, shall submit an itemized statement of all
approved |
| 6 | | costs incurred in the delivery of Basic
Probation and Court
|
| 7 | | Services under this Act to the Supreme Court.
The treasurer may |
| 8 | | also submit an itemized statement of all approved costs
|
| 9 | | incurred in the delivery of new and expanded
Probation and |
| 10 | | Court Services
as well as Individualized Services and Programs. |
| 11 | | The Supreme Court or
its designee shall verify compliance with |
| 12 | | this Section and shall examine
and audit the monthly statement |
| 13 | | and, upon finding them to be correct, shall
forward them to the |
| 14 | | Comptroller for payment to the county treasurer. In the
case of |
| 15 | | payment to a treasurer of a county which is the most populous |
| 16 | | of
counties sharing the salary and expenses of a
Probation and |
| 17 | | Court Services
Department, the treasurer shall divide the money |
| 18 | | between the counties in a
manner that reflects each county's |
| 19 | | share of the cost incurred by the
Department.
|
| 20 | | (10) The county treasurer must certify that funds received |
| 21 | | under this
Section shall be used solely to maintain and improve
|
| 22 | | Probation and Court
Services. The county or circuit shall |
| 23 | | remain in compliance with all
standards, policies and |
| 24 | | regulations established by the Supreme Court.
If at any time |
| 25 | | the Supreme Court determines that a county or circuit is not
in |
| 26 | | compliance, the Supreme Court shall immediately notify the |
|
| | HB1170 | - 11 - | LRB099 05034 RLC 25063 b |
|
|
|
| 1 | | Chief Judge,
county board chairman and the Director of Court |
| 2 | | Services Chief
Probation Officer. If after 90 days of written
|
| 3 | | notice the noncompliance
still exists, the Supreme Court shall |
| 4 | | be required to reduce the amount of
monthly reimbursement by |
| 5 | | 10%. An additional 10% reduction of monthly
reimbursement shall |
| 6 | | occur for each consecutive month of noncompliance.
Except as |
| 7 | | provided in subsection 5 of Section 15, funding to counties |
| 8 | | shall
commence on April 1, 1986. Funds received under this Act |
| 9 | | shall be used to
provide for Probation Department expenses
|
| 10 | | including those required under
Section 13 of this Act. The |
| 11 | | Mandatory
Arbitration Fund may be used to provide for Probation |
| 12 | | Department expenses,
including those required under Section 13 |
| 13 | | of this Act.
|
| 14 | | (11) The respective counties shall be responsible for |
| 15 | | capital and space
costs, fringe benefits, clerical costs, |
| 16 | | equipment, telecommunications,
postage, commodities and |
| 17 | | printing.
|
| 18 | | (12) For purposes of this Act only, probation officers |
| 19 | | shall be
considered
peace officers. In the
exercise of their |
| 20 | | official duties, probation
officers, sheriffs, and police
|
| 21 | | officers may, anywhere within the State, arrest any probationer |
| 22 | | who is in
violation of any of the conditions of his or her |
| 23 | | probation, conditional
discharge, or supervision, and it shall |
| 24 | | be the
duty of the officer making the arrest to take the |
| 25 | | probationer
before the
Court having jurisdiction over the |
| 26 | | probationer for further order.
|