96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6164


 
Introduced 2/11/2010, by Rep. James D. Brosnahan
 
SYNOPSIS AS INTRODUCED:















730 ILCS 110/15
 from Ch. 38, par. 204-7








 Amends the Probation and Probation Officers Act. Provides that beginning January 1, 2011, minimum qualifications of probation officers shall include at least 30 hours per year in training or continuing education, provided that such training or continuing education programs have been approved in advance by the Division of Probation Services. Provides that beginning January 1, 2014, such minimum qualifications shall include at least 40 hours per year in training or continuing education, provided that such training or continuing education programs have been approved in advance by the Division of Probation Services.

















LRB096 19453 RLC 34845 b

















FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB6164

LRB096 19453 RLC 34845 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 Supreme Court of Illinois may establish a 
8
Division of
Probation Services whose purpose shall be the 
9
development, establishment,
promulgation, and enforcement of 
10
uniform standards for probation services in
this State, and to 
11
otherwise carry out the intent of this Act. The Division
may:


12
  (a) establish qualifications for chief probation 
13
 officers and other
probation and court services personnel 
14
 as to hiring, promotion, and training.


15
  (b) make available, on a timely basis, lists of those 
16
 applicants whose
qualifications meet the regulations 
17
 referred to herein, including on said
lists all candidates 
18
 found qualified.


19
  (c) establish a means of verifying the conditions for 
20
 reimbursement
under this Act and develop criteria for 
21
 approved costs for reimbursement.


22
  (d) develop standards and approve employee 
23
 compensation schedules for
probation and court services 
 


 






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1
 departments.


2
  (e) employ sufficient personnel in the Division to 
3
 carry out the
functions of the Division.


4
  (f) establish a system of training and establish 
5
 standards for personnel
orientation and training.


6
  (g) develop standards for a system of record keeping 
7
 for cases and
programs, gather statistics, establish a 
8
 system of uniform forms, and
develop research for planning 
9
 of Probation
Services.


10
  (h) develop standards to assure adequate support 
11
 personnel, office
space, equipment and supplies, travel 
12
 expenses, and other essential items
necessary for 
13
 Probation and Court Services
Departments to carry out their

14
 duties.


15
  (i) review and approve annual plans submitted by

16
 Probation and Court
Services Departments.


17
  (j) monitor and evaluate all programs operated by

18
 Probation and Court
Services Departments, and may include 
19
 in the program evaluation criteria
such factors as the 
20
 percentage of Probation sentences for felons convicted
of 
21
 Probationable offenses.


22
  (k) seek the cooperation of local and State government 
23
 and private
agencies to improve the quality of probation 
24
 and
court services.


25
  (l) where appropriate, establish programs and 
26
 corresponding standards
designed to generally improve the 
 


 






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1
 quality of
probation and court services
and reduce the rate 
2
 of adult or juvenile offenders committed to the
Department 
3
 of Corrections.


4
  (m) establish such other standards and regulations and 
5
 do all acts
necessary to carry out the intent and purposes 
6
 of this Act.

7
 The Division shall develop standards to implement the 
8
Domestic Violence Surveillance Program established under 
9
Section 5-8A-7 of the Unified Code of Corrections, including 
10
(i) procurement of equipment and other services necessary to 
11
implement the program and (ii) development of uniform standards 
12
for the delivery of the program through county probation 
13
departments, and develop standards for collecting data to 
14
evaluate the impact and costs of the Domestic Violence 
15
Surveillance Program. 
16
 The Division shall establish a model list of structured 
17
intermediate
sanctions that may be imposed by a probation 
18
agency for violations of terms and
conditions of a sentence of 
19
probation, conditional discharge, or supervision.

20
 The State of Illinois shall provide for the costs of 
21
personnel, travel,
equipment, telecommunications, postage, 
22
commodities, printing, space,
contractual services and other 
23
related costs necessary to carry out the
intent of this Act.

24
 (2) (a) The chief judge of each circuit shall provide

25
full-time probation services for all counties
within the 
26
circuit, in a
manner consistent with the annual probation plan,

 


 






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1
the standards, policies,
and regulations established by the 
2
Supreme Court. A
probation district of
two or more counties 
3
within a circuit may be created for the purposes of
providing 
4
full-time probation services. Every
county or group of
counties 
5
within a circuit shall maintain a
probation department which 
6
shall
be under the authority of the Chief Judge of the circuit 
7
or some other
judge designated by the Chief Judge. The Chief 
8
Judge, through the
Probation and Court Services Department 
9
shall
submit annual plans to the
Division for probation and 
10
related services.

11
 (b) The Chief Judge of each circuit shall appoint the Chief

12
Probation
Officer and all other probation officers for his
or 
13
her circuit from lists
of qualified applicants supplied by the 
14
Supreme Court. Candidates for chief
managing officer and other 
15
probation officer
positions must apply with both
the Chief 
16
Judge of the circuit and the Supreme Court.

17
 (3) A Probation and Court Service Department
shall apply to 
18
the
Supreme Court for funds for basic services, and may apply 
19
for funds for new
and expanded programs or Individualized 
20
Services and Programs. Costs shall
be reimbursed monthly based 
21
on a plan and budget approved by the Supreme
Court. No 
22
Department may be reimbursed for costs which exceed or are not

23
provided for in the approved annual plan and budget. After the 
24
effective
date of this amendatory Act of 1985, each county must 
25
provide basic
services in accordance with the annual plan and 
26
standards created by the
division. No department may receive 
 


 






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1
funds for new or expanded programs or
individualized services 
2
and programs unless they are in compliance with
standards as 
3
enumerated in paragraph (h) of subsection (1) of this Section,

4
the annual plan, and standards for basic services.

5
 (4) The Division shall reimburse the county or counties for

6
probation
services as follows:


7
  (a) 100% of the salary of all chief managing officers 
8
 designated as such
by the Chief Judge and the division.


9
  (b) 100% of the salary for all probation
officer and 
10
 supervisor
positions approved for reimbursement by the 
11
 division after April 1, 1984,
to meet workload standards 
12
 and to implement intensive sanction and
probation

13
 supervision
programs and other basic services as defined in 
14
 this Act.


15
  (c) 100% of the salary for all secure detention 
16
 personnel and non-secure
group home personnel approved for 
17
 reimbursement after December 1, 1990.
For all such 
18
 positions approved for reimbursement
before
December 1, 
19
 1990, the counties shall be reimbursed $1,250 per month 
20
 beginning
July 1, 1995, and an additional $250 per month 
21
 beginning each July 1st
thereafter until the positions 
22
 receive 100% salary reimbursement.
Allocation of such 
23
 positions will be based on comparative need considering

24
 capacity, staff/resident ratio, physical plant and 
25
 program.


26
  (d) $1,000 per month for salaries for the remaining

 


 






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1
 probation officer
positions engaged in basic services and 
2
 new or expanded services. All such
positions shall be 
3
 approved by the division in accordance with this Act and

4
 division standards.


5
  (e) 100% of the travel expenses in accordance with 
6
 Division standards
for all Probation positions approved 
7
 under
paragraph (b) of subsection 4
of this Section.


8
  (f) If the amount of funds reimbursed to the county 
9
 under paragraphs
(a) through (e) of subsection 4 of this 
10
 Section on an annual basis is less
than the amount the 
11
 county had received during the 12 month period
immediately 
12
 prior to the effective date of this amendatory Act of 1985,

13
 then the Division shall reimburse the amount of the 
14
 difference to the
county. The effect of paragraph (b) of 
15
 subsection 7 of this Section shall
be considered in 
16
 implementing this supplemental reimbursement provision.

17
 (5) The Division shall provide funds beginning on April 1, 
18
1987 for the
counties to provide Individualized Services and 
19
Programs as provided in
Section 16 of this Act.

20
 (6) A Probation and Court Services Department
in order to 
21
be eligible
for the reimbursement must submit to the Supreme 
22
Court an application
containing such information and in such a 
23
form and by such dates as the
Supreme Court may require. 
24
Departments to be eligible for funding must
satisfy the 
25
following conditions:


26
  (a) The Department shall have on file with the Supreme

 


 






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1
 Court an annual Probation plan for continuing,
improved, 
2
 and
new Probation and Court Services Programs
approved by 
3
 the Supreme Court or its
designee. This plan shall indicate 
4
 the manner in which
Probation and Court
Services will be 
5
 delivered and improved, consistent with the minimum

6
 standards and regulations for Probation and Court

7
 Services, as established
by the Supreme Court. In counties 
8
 with more than one
Probation and Court
Services Department 
9
 eligible to receive funds, all Departments within that

10
 county must submit plans which are approved by the Supreme 
11
 Court.


12
  (b) The annual probation plan shall seek to
generally 
13
 improve the
quality of probation services and to reduce the

14
 commitment of adult offenders to the Department of 
15
 Corrections and to reduce the
commitment of juvenile 
16
 offenders to the Department of Juvenile Justice and shall 
17
 require, when
appropriate, coordination with the 
18
 Department of Corrections, the Department of Juvenile 
19
 Justice, and the
Department of Children and Family Services 
20
 in the development and use of
community resources, 
21
 information systems, case review and permanency
planning 
22
 systems to avoid the duplication of services.


23
  (c) The Department shall be in compliance with 
24
 standards developed by the
Supreme Court for basic, new and 
25
 expanded services, training, personnel
hiring and 
26
 promotion.


 


 






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1
  (d) The Department shall in its annual plan indicate 
2
 the manner in which
it will support the rights of crime 
3
 victims and in which manner it will
implement Article I, 
4
 Section 8.1 of the Illinois Constitution and in what
manner 
5
 it will coordinate crime victims' support services with 
6
 other criminal
justice agencies within its jurisdiction, 
7
 including but not limited to, the
State's Attorney, the 
8
 Sheriff and any municipal police department.

9
 (7) No statement shall be verified by the Supreme Court or 
10
its
designee or vouchered by the Comptroller unless each of the 
11
following
conditions have been met:


12
  (a) The probation officer is a full-time
employee 
13
 appointed by the Chief
Judge to provide probation services.


14
  (b) The probation officer, in order to be
eligible for 
15
 State
reimbursement, is receiving a salary of at least 
16
 $17,000 per year.


17
  (c) The probation officer is appointed or
was 
18
 reappointed in accordance
with minimum qualifications or 
19
 criteria established by the Supreme
Court; however, all 
20
 probation officers appointed
prior to January 1, 1978,

21
 shall be exempted from the minimum requirements 
22
 established by the Supreme
Court. Payments shall be made to 
23
 counties employing these exempted
probation officers as 
24
 long as they are employed
in the position held on the

25
 effective date of this amendatory Act of 1985. Promotions 
26
 shall be
governed by minimum qualifications established by 
 


 






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1
 the Supreme Court. Beginning January 1, 2011, such minimum 
2
 qualifications shall include at least 30 hours per year in 
3
 training or continuing education, provided that such 
4
 training or continuing education programs have been 
5
 approved in advance by the Division of Probation Services. 
6
 Beginning January 1, 2014, such minimum qualifications 
7
 shall include at least 40 hours per year in training or 
8
 continuing education, provided that such training or 
9
 continuing education programs have been approved in 
10
 advance by the Division of Probation Services. 


11
  (d) The Department has an established compensation 
12
 schedule approved by
the Supreme Court. The compensation 
13
 schedule shall include salary ranges
with necessary 
14
 increments to compensate each employee. The increments

15
 shall, within the salary ranges, be based on such factors 
16
 as bona fide
occupational qualifications, performance, and 
17
 length of service. Each
position in the Department shall be 
18
 placed on the compensation schedule
according to job duties 
19
 and responsibilities of such position. The policy
and 
20
 procedures of the compensation schedule shall be made 
21
 available to each
employee.

22
 (8) In order to obtain full reimbursement of all approved 
23
costs, each
Department must continue to employ at least the 
24
same number of
probation
officers and probation managers as 
25
were
authorized for employment for the
fiscal year which 
26
includes January 1, 1985. This number shall be designated
as 
 


 






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1
the base amount of the Department. No positions approved by the 
2
Division
under paragraph (b) of subsection 4 will be included 
3
in the base amount.
In the event that the Department employs 
4
fewer
Probation officers and
Probation managers than the base 
5
amount for a
period of 90 days, funding
received by the 
6
Department under subsection 4 of this
Section may be reduced on 
7
a monthly basis by the amount of the current
salaries of any 
8
positions below the base amount.

9
 (9) Before the 15th day of each month, the treasurer of any 
10
county which
has a Probation and Court Services Department, or

11
the treasurer of the most
populous county, in the case of a 
12
Probation or
Court Services Department
funded by more than one 
13
county, shall submit an itemized statement of all
approved 
14
costs incurred in the delivery of Basic
Probation and Court

15
Services under this Act to the Supreme Court.
The treasurer may 
16
also submit an itemized statement of all approved costs

17
incurred in the delivery of new and expanded
Probation and 
18
Court Services
as well as Individualized Services and Programs. 
19
The Supreme Court or
its designee shall verify compliance with 
20
this Section and shall examine
and audit the monthly statement 
21
and, upon finding them to be correct, shall
forward them to the 
22
Comptroller for payment to the county treasurer. In the
case of 
23
payment to a treasurer of a county which is the most populous 
24
of
counties sharing the salary and expenses of a
Probation and 
25
Court Services
Department, the treasurer shall divide the money 
26
between the counties in a
manner that reflects each county's 
 


 






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1
share of the cost incurred by the
Department.

2
 (10) The county treasurer must certify that funds received 
3
under this
Section shall be used solely to maintain and improve

4
Probation and Court
Services. The county or circuit shall 
5
remain in compliance with all
standards, policies and 
6
regulations established by the Supreme Court.
If at any time 
7
the Supreme Court determines that a county or circuit is not
in 
8
compliance, the Supreme Court shall immediately notify the 
9
Chief Judge,
county board chairman and the Director of Court 
10
Services Chief
Probation Officer. If after 90 days of written

11
notice the noncompliance
still exists, the Supreme Court shall 
12
be required to reduce the amount of
monthly reimbursement by 
13
10%. An additional 10% reduction of monthly
reimbursement shall 
14
occur for each consecutive month of noncompliance.
Except as 
15
provided in subsection 5 of Section 15, funding to counties 
16
shall
commence on April 1, 1986. Funds received under this Act 
17
shall be used to
provide for Probation Department expenses

18
including those required under
Section 13 of this Act. The 
19
Mandatory
Arbitration Fund may be used to provide for Probation 
20
Department expenses,
including those required under Section 13 
21
of this Act.

22
 (11) The respective counties shall be responsible for 
23
capital and space
costs, fringe benefits, clerical costs, 
24
equipment, telecommunications,
postage, commodities and 
25
printing.

26
 (12) For purposes of this Act only, probation officers 
 


 






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1
shall be
considered
peace officers. In the
exercise of their 
2
official duties, probation
officers, sheriffs, and police

3
officers may, anywhere within the State, arrest any probationer 
4
who is in
violation of any of the conditions of his or her 
5
probation, conditional
discharge, or supervision, and it shall 
6
be the
duty of the officer making the arrest to take the 
7
probationer
before the
Court having jurisdiction over the 
8
probationer for further order.

9
(Source: P.A. 95-707, eff. 1-11-08; 95-773, eff. 1-1-09; 
10
96-688, eff. 8-25-09.)