Bill Amendment: IL HB3905 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ADULT REDEPLOY-ELIGIBILITY
Status: 2019-01-08 - Session Sine Die [HB3905 Detail]
Download: Illinois-2017-HB3905-House_Amendment_001.html
Bill Title: ADULT REDEPLOY-ELIGIBILITY
Status: 2019-01-08 - Session Sine Die [HB3905 Detail]
Download: Illinois-2017-HB3905-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3905
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2 | AMENDMENT NO. ______. Amend House Bill 3905 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Crime Reduction Act of 2009 is | ||||||
5 | amended by changing Sections 5 and 20 as follows:
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6 | (730 ILCS 190/5)
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7 | Sec. 5. Purpose and Definitions. | ||||||
8 | (a) Purpose. The General Assembly hereby declares that it | ||||||
9 | is the policy of Illinois to preserve public safety, reduce | ||||||
10 | crime, and make the most effective use of correctional | ||||||
11 | resources. Currently, the Illinois correctional system | ||||||
12 | overwhelmingly incarcerates people whose time in prison does | ||||||
13 | not result in improved behavior and who return to Illinois | ||||||
14 | communities in less than one year. It is therefore the purpose | ||||||
15 | of this Act to create an infrastructure to provide effective | ||||||
16 | resources and services to incarcerated individuals and |
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1 | individuals supervised in the locality; to hold offenders | ||||||
2 | accountable; to successfully rehabilitate offenders to prevent | ||||||
3 | future involvement with the criminal justice system; to measure | ||||||
4 | the overall effectiveness of the criminal justice system in | ||||||
5 | achieving this policy; and to create the Adult Redeploy | ||||||
6 | Illinois program for those who do not fall under the definition | ||||||
7 | of violent offenders . | ||||||
8 | (b) Definitions. As used in this Act, unless the context | ||||||
9 | clearly requires otherwise: | ||||||
10 | (1) "Assets" are an offender's qualities or resources, | ||||||
11 | such as family and other positive support systems, | ||||||
12 | educational achievement, and employment history, that | ||||||
13 | research has demonstrated will decrease the likelihood | ||||||
14 | that the offender will re-offend and increase the | ||||||
15 | likelihood that the offender will successfully reintegrate | ||||||
16 | into the locality. | ||||||
17 | (2) "Case plan" means a consistently updated written | ||||||
18 | proposal that shall follow the offender through all phases | ||||||
19 | of the criminal justice system, that is based on the | ||||||
20 | offender's risks, assets, and needs as identified through | ||||||
21 | the assessment tool described in this Act, and that | ||||||
22 | outlines steps the offender shall take and the programs in | ||||||
23 | which the offender shall participate to maximize the | ||||||
24 | offender's ability to be rehabilitated. | ||||||
25 | (3) "Conditions of supervision" include conditions | ||||||
26 | described in Section 5-6-3.1 of the Unified Code of |
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1 | Corrections.
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2 | (4) "Evidence-based practices" means policies, | ||||||
3 | procedures, programs, and practices that have been | ||||||
4 | demonstrated to reduce recidivism among incarcerated | ||||||
5 | individuals and individuals on local supervision. | ||||||
6 | (5) "Local supervision" includes supervision in | ||||||
7 | local-based, non-incarceration settings under such | ||||||
8 | conditions and reporting requirements as are imposed by the | ||||||
9 | court or the Prisoner Review Board. | ||||||
10 | (6) "Needs" include an offender's criminogenic | ||||||
11 | qualities, skills, and experiences that can be altered in | ||||||
12 | ways that research has demonstrated will minimize the | ||||||
13 | offender's chances of re-offending and maximize the | ||||||
14 | offender's chances of successfully reintegrating into the | ||||||
15 | locality. | ||||||
16 | (6.5) "Offender" means a person charged with or | ||||||
17 | convicted of a probation-eligible offense. | ||||||
18 | (7) "Risks" include the attributes of an offender that | ||||||
19 | are commonly considered to be those variables, such as age, | ||||||
20 | prior criminal history, history of joblessness, and lack of | ||||||
21 | education that research has demonstrated contribute to an | ||||||
22 | offender's likelihood of re-offending and impact an | ||||||
23 | offender's ability to successfully reintegrate into the | ||||||
24 | locality. | ||||||
25 | (8) (Blank). "Violent offender" means a person | ||||||
26 | convicted of a violent crime as defined in subsection (c) |
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1 | of Section 3 of the Rights of Crime Victims and Witnesses | ||||||
2 | Act.
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3 | (Source: P.A. 96-761, eff. 1-1-10.)
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4 | (730 ILCS 190/20)
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5 | Sec. 20. Adult Redeploy Illinois.
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6 | (a) Purpose. When offenders are accurately assessed for | ||||||
7 | risk, assets, and needs, it is possible to identify which | ||||||
8 | people should be sent to prison and which people can be | ||||||
9 | effectively supervised in the locality. By providing financial | ||||||
10 | incentives to counties or judicial circuits to create effective | ||||||
11 | local-level evidence-based services, it is possible to reduce | ||||||
12 | crime and recidivism at a lower cost to taxpayers. Based on | ||||||
13 | this model, this Act hereby creates the Adult Redeploy Illinois | ||||||
14 | program for probation-eligible offenders who do not fall under | ||||||
15 | the definition of violent offenders in order to increase public | ||||||
16 | safety and encourage the successful local supervision of | ||||||
17 | eligible offenders and their reintegration into the locality. | ||||||
18 | (b) The Adult Redeploy Illinois program shall reallocate | ||||||
19 | State funds to local jurisdictions that successfully establish | ||||||
20 | a process to assess offenders and provide a continuum of | ||||||
21 | locally based sanctions and treatment alternatives for | ||||||
22 | offenders who would be incarcerated in a State facility if | ||||||
23 | those local services and sanctions did not exist. The allotment | ||||||
24 | of funds shall be based on a formula that rewards local | ||||||
25 | jurisdictions for the establishment or expansion of local |
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1 | supervision programs and requires them to pay the amount | ||||||
2 | determined in subsection (e) if incarceration targets as | ||||||
3 | defined in subsection (e) are not met. | ||||||
4 | (c) Each county or circuit participating in the Adult | ||||||
5 | Redeploy Illinois program shall create a local plan describing | ||||||
6 | how it will protect public safety and reduce the county or | ||||||
7 | circuit's utilization of incarceration in State facilities or | ||||||
8 | local county jails by the creation or expansion of | ||||||
9 | individualized services or programs. | ||||||
10 | (d) Based on the local plan, a county or circuit shall | ||||||
11 | enter into an agreement with the Adult Redeploy Oversight Board | ||||||
12 | described in subsection (e) to reduce the number of commitments | ||||||
13 | of probation-eligible offenders to State correctional | ||||||
14 | facilities from that county or circuit , excluding violent | ||||||
15 | offenders . The agreement shall include a pledge from the county | ||||||
16 | or circuit to reduce their commitments by 25% of the level of | ||||||
17 | commitments from the average number of commitments for the past | ||||||
18 | 3 years of eligible non-violent offenders. In return, the | ||||||
19 | county or circuit shall receive, based upon a formula described | ||||||
20 | in subsection (e), funds to redeploy for local programming for | ||||||
21 | offenders who would otherwise be incarcerated such as | ||||||
22 | management and supervision, electronic monitoring, and drug | ||||||
23 | testing. The county or circuit shall also be penalized, as | ||||||
24 | described in subsection (e), for failure to reach the goal of | ||||||
25 | reduced commitments stipulated in the agreement. | ||||||
26 | (e) Adult Redeploy Illinois Oversight Board; members; |
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1 | responsibilities. | ||||||
2 | (1) The Secretary of Human Services and the Director of | ||||||
3 | Corrections shall within 3 months after the effective date | ||||||
4 | of this Act convene and act as co-chairs of an oversight | ||||||
5 | board to oversee the Adult Redeploy Program. The Board | ||||||
6 | shall include, but not be limited to, designees from the | ||||||
7 | Prisoner Review Board, Office of the Attorney General, | ||||||
8 | Illinois Criminal Justice Information Authority, and | ||||||
9 | Sentencing Policy Advisory Council; the Cook County | ||||||
10 | State's Attorney; a State's Attorney selected by the | ||||||
11 | President of the Illinois State's Attorneys Association; | ||||||
12 | the State Appellate Defender; the Cook County Public | ||||||
13 | Defender; a representative of Cook County Adult Probation, | ||||||
14 | a representative of DuPage County Adult Probation; a | ||||||
15 | representative of Sangamon County Adult Probation; and 4 | ||||||
16 | representatives from non-governmental organizations, | ||||||
17 | including service providers. | ||||||
18 | (2) The Oversight Board shall within one year after the | ||||||
19 | effective date of this Act: | ||||||
20 | (A) Develop a process to solicit applications from | ||||||
21 | and identify jurisdictions to be included in the Adult | ||||||
22 | Redeploy Illinois program. | ||||||
23 | (B) Define categories of membership for local | ||||||
24 | entities to participate in the creation and oversight | ||||||
25 | of the local Adult Redeploy Illinois program. | ||||||
26 | (C) Develop a formula for the allotment of funds to |
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1 | local jurisdictions for local and community-based | ||||||
2 | services in lieu of commitment to the Department of | ||||||
3 | Corrections and a penalty amount for failure to reach | ||||||
4 | the goal of reduced commitments stipulated in the | ||||||
5 | plans. | ||||||
6 | (D) Develop a standard format for the local plan to | ||||||
7 | be submitted by the local entity created in each county | ||||||
8 | or circuit. | ||||||
9 | (E) Identify and secure resources sufficient to | ||||||
10 | support the administration and evaluation of Adult | ||||||
11 | Redeploy Illinois. | ||||||
12 | (F) Develop a process to support ongoing | ||||||
13 | monitoring and evaluation of Adult Redeploy Illinois. | ||||||
14 | (G) Review local plans and proposed agreements and | ||||||
15 | approve the distribution of resources. | ||||||
16 | (H) Develop a performance measurement system that | ||||||
17 | includes but is not limited to the following key | ||||||
18 | performance indicators: recidivism, rate of | ||||||
19 | revocations, employment rates, education achievement, | ||||||
20 | successful completion of substance abuse treatment | ||||||
21 | programs, and payment of victim restitution. Each | ||||||
22 | county or circuit shall include the performance | ||||||
23 | measurement system in its local plan and provide data | ||||||
24 | annually to evaluate its success.
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25 | (I) Report annually the results of the performance | ||||||
26 | measurements on a timely basis to the Governor and |
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1 | General Assembly.
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2 | (Source: P.A. 96-761, eff. 1-1-10.)".
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