Bill Text: IL HB5784 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Probation and Probation Officers Act. Makes a technical change in the Section concerning the Redeploy Illinois Program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-09 - Referred to Rules Committee [HB5784 Detail]

Download: Illinois-2009-HB5784-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5784 Introduced 2/9/2010, by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED:
730 ILCS 110/16.1
Amends the Probation and Probation Officers Act. Makes a technical change in the Section concerning the Redeploy Illinois Program.
LRB096 18828 RLC 34214 b
A BILL FOR
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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 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

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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

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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,

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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 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

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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

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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.
(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;

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(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

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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

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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

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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

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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

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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.)