Bill Text: IL HB0386 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning parole services.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Enrolled) 2019-05-29 - Passed Both Houses [HB0386 Detail]

Download: Illinois-2019-HB0386-Enrolled.html



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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Crime Reduction Act of 2009 is
5amended by changing Section 10 as follows:
6 (730 ILCS 190/10)
7 Sec. 10. Evidence-Based Programming.
8 (a) Purpose. Research and practice have identified new
9strategies and policies that can result in a significant
10reduction in recidivism rates and the successful local
11reintegration of offenders. The purpose of this Section is to
12ensure that State and local agencies direct their resources to
13services and programming that have been demonstrated to be
14effective in reducing recidivism and reintegrating offenders
15into the locality.
16 (b) Evidence-based programming in local supervision.
17 (1) The Parole Division of the Department of
18 Corrections and the Prisoner Review Board shall adopt
19 policies, rules, and regulations that, within the first
20 year of the adoption, validation, and utilization of the
21 statewide, standardized risk assessment tool described in
22 this Act, result in at least 25% of supervised individuals
23 being supervised in accordance with evidence-based

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1 practices; within 3 years of the adoption, validation, and
2 utilization of the statewide, standardized risk assessment
3 tool result in at least 50% of supervised individuals being
4 supervised in accordance with evidence-based practices;
5 and within 5 years of the adoption, validation, and
6 utilization of the statewide, standardized risk assessment
7 tool result in at least 75% of supervised individuals being
8 supervised in accordance with evidence-based practices.
9 The policies, rules, and regulations shall:
10 (A) Provide for a standardized individual case
11 plan that follows the offender through the criminal
12 justice system (including in-prison if the supervised
13 individual is in prison) that is:
14 (i) Based on the assets of the individual as
15 well as his or her risks and needs identified
16 through the assessment tool as described in this
17 Act.
18 (ii) Comprised of treatment and supervision
19 services appropriate to achieve the purpose of
20 this Act.
21 (iii) Consistently updated, based on program
22 participation by the supervised individual and
23 other behavior modification exhibited by the
24 supervised individual.
25 (B) Concentrate resources and services on
26 high-risk offenders.

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1 (C) Provide for the use of evidence-based
2 programming related to education, job training,
3 cognitive behavioral therapy, and other programming
4 designed to reduce criminal behavior.
5 (D) Establish a system of graduated responses.
6 (i) The system shall set forth a menu of
7 presumptive responses for the most common types of
8 supervision violations.
9 (ii) The system shall be guided by the model
10 list of intermediate sanctions created by the
11 Probation Services Division of the State of
12 Illinois pursuant to subsection (1) of Section 15
13 of the Probation and Probation Officers Act and the
14 system of intermediate sanctions created by the
15 Chief Judge of each circuit court pursuant to
16 Section 5-6-1 of the Unified Code of Corrections.
17 (iii) The system of responses shall take into
18 account factors such as the severity of the current
19 violation; the supervised individual's risk level
20 as determined by a validated assessment tool
21 described in this Act; the supervised individual's
22 assets; his or her previous criminal record; and
23 the number and severity of any previous
24 supervision violations.
25 (iv) The system shall also define positive
26 reinforcements that supervised individuals may

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1 receive for compliance with conditions of
2 supervision.
3 (v) Response to violations should be swift and
4 certain and should be imposed as soon as
5 practicable but no longer than 3 working days of
6 detection of the violation behavior.
7 (2) Conditions of local supervision (probation and
8 mandatory supervised release). Conditions of local
9 supervision whether imposed by a sentencing judge or the
10 Prisoner Review Board shall be imposed in accordance with
11 the offender's risks, assets, and needs as identified
12 through the assessment tool described in this Act.
13 (3) The Department of Corrections and the Prisoner
14 Review Board shall annually publish an exemplar copy of any
15 evidence-based assessments, questionnaires, or other
16 instruments used to set conditions of release.
17 (c) Evidence-based in-prison programming.
18 (1) The Department of Corrections shall adopt
19 policies, rules, and regulations that, within the first
20 year of the adoption, validation, and utilization of the
21 statewide, standardized risk assessment tool described in
22 this Act, result in at least 25% of incarcerated
23 individuals receiving services and programming in
24 accordance with evidence-based practices; within 3 years
25 of the adoption, validation, and utilization of the
26 statewide, standardized risk assessment tool result in at

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1 least 50% of incarcerated individuals receiving services
2 and programming in accordance with evidence-based
3 practices; and within 5 years of the adoption, validation,
4 and utilization of the statewide, standardized risk
5 assessment tool result in at least 75% of incarcerated
6 individuals receiving services and programming in
7 accordance with evidence-based practices. The policies,
8 rules, and regulations shall:
9 (A) Provide for the use and development of a case
10 plan based on the risks, assets, and needs identified
11 through the assessment tool as described in this Act.
12 The case plan should be used to determine in-prison
13 programming; should be continuously updated based on
14 program participation by the prisoner and other
15 behavior modification exhibited by the prisoner; and
16 should be used when creating the case plan described in
17 subsection (b).
18 (B) Provide for the use of evidence-based
19 programming related to education, job training,
20 cognitive behavioral therapy and other evidence-based
21 programming.
22 (C) Establish education programs based on a
23 teacher to student ratio of no more than 1:30.
24 (D) Expand the use of drug prisons, modeled after
25 the Sheridan Correctional Center, to provide
26 sufficient drug treatment and other support services

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1 to non-violent inmates with a history of substance
2 abuse.
3 (2) Participation and completion of programming by
4 prisoners can impact earned time credit as determined under
5 Section 3-6-3 of the Unified Code of Corrections.
6 (3) The Department of Corrections shall provide its
7 employees with intensive and ongoing training and
8 professional development services to support the
9 implementation of evidence-based practices. The training
10 and professional development services shall include
11 assessment techniques, case planning, cognitive behavioral
12 training, risk reduction and intervention strategies,
13 effective communication skills, substance abuse treatment
14 education and other topics identified by the Department or
15 its employees.
16 (d) The Parole Division of the Department of Corrections
17and the Prisoner Review Board shall provide their employees
18with intensive and ongoing training and professional
19development services to support the implementation of
20evidence-based practices. The training and professional
21development services shall include assessment techniques, case
22planning, cognitive behavioral training, risk reduction and
23intervention strategies, effective communication skills,
24substance abuse treatment education, and other topics
25identified by the agencies or their employees.
26 (e) The Department of Corrections, the Prisoner Review

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1Board, and other correctional entities referenced in the
2policies, rules, and regulations of this Act shall design,
3implement, and make public a system to evaluate the
4effectiveness of evidence-based practices in increasing public
5safety and in successful reintegration of those under
6supervision into the locality. Annually, each agency shall
7submit to the Sentencing Policy Advisory Council a
8comprehensive report on the success of implementing
9evidence-based practices. The data compiled and analyzed by the
10Council shall be delivered annually to the Governor and the
11General Assembly.
12 (f) The Department of Corrections and the Prisoner Review
13Board shall release a report annually published on their
14websites that reports the following information about the usage
15of electronic monitoring and GPS monitoring as a condition of
16parole and mandatory supervised release during the prior
17calendar year:
18 (1) demographic data of individuals on electronic
19 monitoring and GPS monitoring, separated by the following
20 categories:
21 (A) race or ethnicity;
22 (B) gender; and
23 (C) age;
24 (2) incarceration data of individuals subject to
25 conditions of electronic or GPS monitoring, separated by
26 the following categories:

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1 (A) highest class of offense for which the
2 individuals is currently serving a term of release; and
3 (B) length of imprisonment served prior to the
4 current release period;
5 (3) the number of individuals subject to conditions of
6 electronic or GPS monitoring, separated by the following
7 categories:
8 (A) the number of individuals subject to
9 monitoring under Section 5-8A-6 of the Unified Code of
10 Corrections;
11 (B) the number of individuals subject monitoring
12 under Section 5-8A-7 of the Unified Code of
13 Corrections;
14 (C) the number of individuals subject to
15 monitoring under a discretionary order of the Prisoner
16 Review Board at the time of their release; and
17 (D) the number of individuals subject to
18 monitoring as a sanction for violations of parole or
19 mandatory supervised release, separated by the
20 following categories:
21 (i) the number of individuals subject to
22 monitoring as part of a graduated sanctions
23 program; and
24 (ii) the number of individuals subject to
25 monitoring as a new condition of re-release after a
26 revocation hearing before the Prisoner Review

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1 Board;
2 (4) the number of discretionary monitoring orders
3 issued by the Prisoner Review Board, separated by the
4 following categories:
5 (A) less than 30 days;
6 (B) 31 to 60 days;
7 (C) 61 to 90 days;
8 (D) 91 to 120 days;
9 (E) 121 to 150 days;
10 (F) 151 to 180 days;
11 (G) 181 to 364 days;
12 (H) 365 days or more; and
13 (I) duration of release term;
14 (5) the number of discretionary monitoring orders by
15 the Board which removed or terminated monitoring prior to
16 the completion of the original period ordered;
17 (6) the number and severity category for sanctions
18 imposed on individuals on electronic or GPS monitoring,
19 separated by the following categories:
20 (A) absconding from electronic monitoring or GPS;
21 (B) tampering or removing the electronic
22 monitoring or GPS device;
23 (C) unauthorized leaving of the residence;
24 (D) presence of the individual in a prohibited
25 area; or
26 (E) other violations of the terms of the electronic

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1 monitoring program;
2 (7) the number of individuals for whom a parole
3 revocation case was filed for failure to comply with the
4 terms of electronic or GPS monitoring, separated by the
5 following categories:
6 (A) cases when failure to comply with the terms of
7 monitoring was the sole violation alleged; and
8 (B) cases when failure to comply with the terms of
9 monitoring was alleged in conjunction with other
10 alleged violations;
11 (8) residential data for individuals subject to
12 electronic or GPS monitoring, separated by the following
13 categories:
14 (A) the county of the residence address for
15 individuals subject to electronic or GPS monitoring as
16 a condition of their release; and
17 (B) for counties with a population over 3,000,000,
18 the zip codes of the residence address for individuals
19 subject to electronic or GPS monitoring as a condition
20 of their release;
21 (9) the number of individuals for whom parole
22 revocation cases were filed due to violations of paragraph
23 (1) of subsection (a) of Section 3-3-7 of the Unified Code
24 of Corrections, separated by the following categories:
25 (A) the number of individuals whose violation of
26 paragraph (1) of subsection (a) of Section 3-3-7 of the

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1 Unified Code of Corrections allegedly occurred while
2 the individual was subject to conditions of electronic
3 or GPS monitoring;
4 (B) the number of individuals who had violations of
5 paragraph (1) of subsection (a) of Section 3-3-7 of the
6 Unified Code of Corrections alleged against them who
7 were never subject to electronic or GPS monitoring
8 during their current term of release; and
9 (C) the number of individuals who had violations of
10 paragraph (1) of subsection (a) of Section 3-3-7 of the
11 Unified Code of Corrections alleged against them who
12 were subject to electronic or GPS monitoring for any
13 period of time during their current term of their
14 release, but who were not subject to such monitoring at
15 the time of the alleged violation of paragraph (1) of
16 subsection (a) of Section 3-3-7 of the Unified Code of
17 Corrections.
18(Source: P.A. 96-761, eff. 1-1-10.)
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