Bill Text: IL HB3905 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Crime Reduction Act of 2009. Adds definition of "offender" and deletes definition of "violent offender". Provides that all offenders (rather than just non-violent offenders) are eligible for the Adult Redeploy Illinois program.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3905 Detail]

Download: Illinois-2017-HB3905-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3905

Introduced , by Rep. Juliana Stratton

SYNOPSIS AS INTRODUCED:
730 ILCS 190/5
730 ILCS 190/20

Amends the Illinois Crime Reduction Act of 2009. Adds definition of "offender" and deletes definition of "violent offender". Provides that all offenders (rather than just non-violent offenders) are eligible for the Adult Redeploy Illinois program.
LRB100 11387 RLC 21788 b

A BILL FOR

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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 Sections 5 and 20 as follows:
6 (730 ILCS 190/5)
7 Sec. 5. Purpose and Definitions.
8 (a) Purpose. The General Assembly hereby declares that it
9is the policy of Illinois to preserve public safety, reduce
10crime, and make the most effective use of correctional
11resources. Currently, the Illinois correctional system
12overwhelmingly incarcerates people whose time in prison does
13not result in improved behavior and who return to Illinois
14communities in less than one year. It is therefore the purpose
15of this Act to create an infrastructure to provide effective
16resources and services to incarcerated individuals and
17individuals supervised in the locality; to hold offenders
18accountable; to successfully rehabilitate offenders to prevent
19future involvement with the criminal justice system; to measure
20the overall effectiveness of the criminal justice system in
21achieving this policy; and to create the Adult Redeploy
22Illinois program for those who do not fall under the definition
23of violent offenders.

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1 (b) Definitions. As used in this Act, unless the context
2clearly requires otherwise:
3 (1) "Assets" are an offender's qualities or resources,
4 such as family and other positive support systems,
5 educational achievement, and employment history, that
6 research has demonstrated will decrease the likelihood
7 that the offender will re-offend and increase the
8 likelihood that the offender will successfully reintegrate
9 into the locality.
10 (2) "Case plan" means a consistently updated written
11 proposal that shall follow the offender through all phases
12 of the criminal justice system, that is based on the
13 offender's risks, assets, and needs as identified through
14 the assessment tool described in this Act, and that
15 outlines steps the offender shall take and the programs in
16 which the offender shall participate to maximize the
17 offender's ability to be rehabilitated.
18 (3) "Conditions of supervision" include conditions
19 described in Section 5-6-3.1 of the Unified Code of
20 Corrections.
21 (4) "Evidence-based practices" means policies,
22 procedures, programs, and practices that have been
23 demonstrated to reduce recidivism among incarcerated
24 individuals and individuals on local supervision.
25 (5) "Local supervision" includes supervision in
26 local-based, non-incarceration settings under such

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1 conditions and reporting requirements as are imposed by the
2 court or the Prisoner Review Board.
3 (6) "Needs" include an offender's criminogenic
4 qualities, skills, and experiences that can be altered in
5 ways that research has demonstrated will minimize the
6 offender's chances of re-offending and maximize the
7 offender's chances of successfully reintegrating into the
8 locality.
9 (6.5) "Offender" means a person convicted of a criminal
10 offense.
11 (7) "Risks" include the attributes of an offender that
12 are commonly considered to be those variables, such as age,
13 prior criminal history, history of joblessness, and lack of
14 education that research has demonstrated contribute to an
15 offender's likelihood of re-offending and impact an
16 offender's ability to successfully reintegrate into the
17 locality.
18 (8) (Blank). "Violent offender" means a person
19 convicted of a violent crime as defined in subsection (c)
20 of Section 3 of the Rights of Crime Victims and Witnesses
21 Act.
22(Source: P.A. 96-761, eff. 1-1-10.)
23 (730 ILCS 190/20)
24 Sec. 20. Adult Redeploy Illinois.
25 (a) Purpose. When offenders are accurately assessed for

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1risk, assets, and needs, it is possible to identify which
2people should be sent to prison and which people can be
3effectively supervised in the locality. By providing financial
4incentives to counties or judicial circuits to create effective
5local-level evidence-based services, it is possible to reduce
6crime and recidivism at a lower cost to taxpayers. Based on
7this model, this Act hereby creates the Adult Redeploy Illinois
8program for offenders who do not fall under the definition of
9violent offenders in order to increase public safety and
10encourage the successful local supervision of eligible
11offenders and their reintegration into the locality.
12 (b) The Adult Redeploy Illinois program shall reallocate
13State funds to local jurisdictions that successfully establish
14a process to assess offenders and provide a continuum of
15locally based sanctions and treatment alternatives for
16offenders who would be incarcerated in a State facility if
17those local services and sanctions did not exist. The allotment
18of funds shall be based on a formula that rewards local
19jurisdictions for the establishment or expansion of local
20supervision programs and requires them to pay the amount
21determined in subsection (e) if incarceration targets as
22defined in subsection (e) are not met.
23 (c) Each county or circuit participating in the Adult
24Redeploy Illinois program shall create a local plan describing
25how it will protect public safety and reduce the county or
26circuit's utilization of incarceration in State facilities or

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1local county jails by the creation or expansion of
2individualized services or programs.
3 (d) Based on the local plan, a county or circuit shall
4enter into an agreement with the Adult Redeploy Oversight Board
5described in subsection (e) to reduce the number of commitments
6to State correctional facilities from that county or circuit,
7excluding violent offenders. The agreement shall include a
8pledge from the county or circuit to reduce their commitments
9by 25% of the level of commitments from the average number of
10commitments for the past 3 years of eligible non-violent
11offenders. In return, the county or circuit shall receive,
12based upon a formula described in subsection (e), funds to
13redeploy for local programming for offenders who would
14otherwise be incarcerated such as management and supervision,
15electronic monitoring, and drug testing. The county or circuit
16shall also be penalized, as described in subsection (e), for
17failure to reach the goal of reduced commitments stipulated in
18the agreement.
19 (e) Adult Redeploy Illinois Oversight Board; members;
20responsibilities.
21 (1) The Secretary of Human Services and the Director of
22 Corrections shall within 3 months after the effective date
23 of this Act convene and act as co-chairs of an oversight
24 board to oversee the Adult Redeploy Program. The Board
25 shall include, but not be limited to, designees from the
26 Prisoner Review Board, Office of the Attorney General,

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1 Illinois Criminal Justice Information Authority, and
2 Sentencing Policy Advisory Council; the Cook County
3 State's Attorney; a State's Attorney selected by the
4 President of the Illinois State's Attorneys Association;
5 the State Appellate Defender; the Cook County Public
6 Defender; a representative of Cook County Adult Probation,
7 a representative of DuPage County Adult Probation; a
8 representative of Sangamon County Adult Probation; and 4
9 representatives from non-governmental organizations,
10 including service providers.
11 (2) The Oversight Board shall within one year after the
12 effective date of this Act:
13 (A) Develop a process to solicit applications from
14 and identify jurisdictions to be included in the Adult
15 Redeploy Illinois program.
16 (B) Define categories of membership for local
17 entities to participate in the creation and oversight
18 of the local Adult Redeploy Illinois program.
19 (C) Develop a formula for the allotment of funds to
20 local jurisdictions for local and community-based
21 services in lieu of commitment to the Department of
22 Corrections and a penalty amount for failure to reach
23 the goal of reduced commitments stipulated in the
24 plans.
25 (D) Develop a standard format for the local plan to
26 be submitted by the local entity created in each county

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1 or circuit.
2 (E) Identify and secure resources sufficient to
3 support the administration and evaluation of Adult
4 Redeploy Illinois.
5 (F) Develop a process to support ongoing
6 monitoring and evaluation of Adult Redeploy Illinois.
7 (G) Review local plans and proposed agreements and
8 approve the distribution of resources.
9 (H) Develop a performance measurement system that
10 includes but is not limited to the following key
11 performance indicators: recidivism, rate of
12 revocations, employment rates, education achievement,
13 successful completion of substance abuse treatment
14 programs, and payment of victim restitution. Each
15 county or circuit shall include the performance
16 measurement system in its local plan and provide data
17 annually to evaluate its success.
18 (I) Report annually the results of the performance
19 measurements on a timely basis to the Governor and
20 General Assembly.
21(Source: P.A. 96-761, eff. 1-1-10.)
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