Bill Text: IL SB1799 | 2017-2018 | 100th General Assembly | Engrossed

Bill Title: Amends the Juvenile Court Act of 1987. Provides that on and after January 1, 2019, a detention screening instrument shall be used for referrals to all authorized juvenile detention facilities in this State prior to a judicial hearing. Provides a minor alleged to be a delinquent minor taken into temporary custody must be brought before a judicial officer within 48 hours (rather than 40 hours, excluding Saturdays, Sundays and court designated holidays). Provides that if an appearance is required of any minor taken and held in a place of custody or confinement operated by the State or any of its political subdivisions, including counties and municipalities, the chief judge of the circuit may permit by rule for the minor's personal appearance to be made by means of two-way audio-visual communication, including closed circuit television and computerized video conference, in the following proceedings: the initial appearance before a judge; a detention or shelter care hearing; or any status hearing. Amends the Probation and Probation Officers Act. Provides that the Division of Probation Services of the Supreme Court shall adopt a statewide juvenile detention screening instrument that has been verified through evidence-based and data-based practices that is to be used by all authorized juvenile detention facilities. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2017-05-19 - Committee Deadline Extended-Rule 9(b) May 26, 2017 [SB1799 Detail]

Download: Illinois-2017-SB1799-Engrossed.html

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1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 5-410 and 5-415 and by adding Section 5-420
6as follows:
7 (705 ILCS 405/5-410)
8 Sec. 5-410. Non-secure custody or detention.
9 (1) Any minor arrested or taken into custody pursuant to
10this Act who requires care away from his or her home but who
11does not require physical restriction shall be given temporary
12care in a foster family home or other shelter facility
13designated by the court.
14 (2) (a) Any minor 10 years of age or older arrested
15pursuant to this Act where there is probable cause to believe
16that the minor is a delinquent minor and that (i) secured
17custody is a matter of immediate and urgent necessity for the
18protection of the minor or of the person or property of
19another, (ii) the minor is likely to flee the jurisdiction of
20the court, or (iii) the minor was taken into custody under a
21warrant, may be kept or detained in an authorized detention
22facility. A minor under 13 years of age shall not be admitted,
23kept, or detained in a detention facility unless a local youth

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1service provider, including a provider through the
2Comprehensive Community Based Youth Services network, has been
3contacted and has not been able to accept the minor. No minor
4under 12 years of age shall be detained in a county jail or a
5municipal lockup for more than 6 hours.
6 (b) The written authorization of the probation officer or
7detention officer (or other public officer designated by the
8court in a county having 3,000,000 or more inhabitants)
9constitutes authority for the superintendent of any juvenile
10detention home to detain and keep a minor for up to 48 40
11hours, excluding Saturdays, Sundays and court-designated
12holidays. These records shall be available to the same persons
13and pursuant to the same conditions as are law enforcement
14records as provided in Section 5-905.
15 (b-4) The consultation required by subsection (b-5) shall
16not be applicable if the probation officer or detention officer
17(or other public officer designated by the court in a county
18having 3,000,000 or more inhabitants) utilizes a scorable
19detention screening instrument, which has been developed with
20input by the State's Attorney, to determine whether a minor
21should be detained, however, subsection (b-5) shall still be
22applicable where no such screening instrument is used or where
23the probation officer, detention officer (or other public
24officer designated by the court in a county having 3,000,000 or
25more inhabitants) deviates from the screening instrument.
26 On and after January 1, 2019, a detention screening

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1instrument shall be used for referrals to all authorized
2juvenile detention facilities in this State prior to a judicial
3hearing. The detention screening instrument shall be developed
4and validated by the Probation Division of the Administrative
5Office of the Illinois Courts, as provided in Section 15 of the
6Probation and Probation Officers Act, and subject to approval
7by the Chief Judge of each Circuit.
8 (b-5) Subject to the provisions of subsection (b-4), if a
9probation officer or detention officer (or other public officer
10designated by the court in a county having 3,000,000 or more
11inhabitants) does not intend to detain a minor for an offense
12which constitutes one of the following offenses he or she shall
13consult with the State's Attorney's Office prior to the release
14of the minor: first degree murder, second degree murder,
15involuntary manslaughter, criminal sexual assault, aggravated
16criminal sexual assault, aggravated battery with a firearm as
17described in Section 12-4.2 or subdivision (e)(1), (e)(2),
18(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
19battery involving permanent disability or disfigurement or
20great bodily harm, robbery, aggravated robbery, armed robbery,
21vehicular hijacking, aggravated vehicular hijacking, vehicular
22invasion, arson, aggravated arson, kidnapping, aggravated
23kidnapping, home invasion, burglary, or residential burglary.
24 (c) Except as otherwise provided in paragraph (a), (d), or
25(e), no minor shall be detained in a county jail or municipal
26lockup for more than 12 hours, unless the offense is a crime of

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1violence in which case the minor may be detained up to 24
2hours. For the purpose of this paragraph, "crime of violence"
3has the meaning ascribed to it in Section 1-10 of the
4Alcoholism and Other Drug Abuse and Dependency Act.
5 (i) The period of detention is deemed to have begun
6 once the minor has been placed in a locked room or cell or
7 handcuffed to a stationary object in a building housing a
8 county jail or municipal lockup. Time spent transporting a
9 minor is not considered to be time in detention or secure
10 custody.
11 (ii) Any minor so confined shall be under periodic
12 supervision and shall not be permitted to come into or
13 remain in contact with adults in custody in the building.
14 (iii) Upon placement in secure custody in a jail or
15 lockup, the minor shall be informed of the purpose of the
16 detention, the time it is expected to last and the fact
17 that it cannot exceed the time specified under this Act.
18 (iv) A log shall be kept which shows the offense which
19 is the basis for the detention, the reasons and
20 circumstances for the decision to detain and the length of
21 time the minor was in detention.
22 (v) Violation of the time limit on detention in a
23 county jail or municipal lockup shall not, in and of
24 itself, render inadmissible evidence obtained as a result
25 of the violation of this time limit. Minors under 18 years
26 of age shall be kept separate from confined adults and may

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1 not at any time be kept in the same cell, room or yard with
2 adults confined pursuant to criminal law. Persons 18 years
3 of age and older who have a petition of delinquency filed
4 against them may be confined in an adult detention
5 facility. In making a determination whether to confine a
6 person 18 years of age or older who has a petition of
7 delinquency filed against the person, these factors, among
8 other matters, shall be considered:
9 (A) The age of the person;
10 (B) Any previous delinquent or criminal history of
11 the person;
12 (C) Any previous abuse or neglect history of the
13 person; and
14 (D) Any mental health or educational history of the
15 person, or both.
16 (d) (i) If a minor 12 years of age or older is confined in a
17county jail in a county with a population below 3,000,000
18inhabitants, then the minor's confinement shall be implemented
19in such a manner that there will be no contact by sight, sound
20or otherwise between the minor and adult prisoners. Minors 12
21years of age or older must be kept separate from confined
22adults and may not at any time be kept in the same cell, room,
23or yard with confined adults. This paragraph (d)(i) shall only
24apply to confinement pending an adjudicatory hearing and shall
25not exceed 48 40 hours, excluding Saturdays, Sundays and court
26designated holidays. To accept or hold minors during this time

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1period, county jails shall comply with all monitoring standards
2adopted by the Department of Corrections and training standards
3approved by the Illinois Law Enforcement Training Standards
5 (ii) To accept or hold minors, 12 years of age or older,
6after the time period prescribed in paragraph (d)(i) of this
7subsection (2) of this Section but not exceeding 7 days
8including Saturdays, Sundays and holidays pending an
9adjudicatory hearing, county jails shall comply with all
10temporary detention standards adopted by the Department of
11Corrections and training standards approved by the Illinois Law
12Enforcement Training Standards Board.
13 (iii) To accept or hold minors 12 years of age or older,
14after the time period prescribed in paragraphs (d)(i) and
15(d)(ii) of this subsection (2) of this Section, county jails
16shall comply with all county juvenile detention standards
17adopted by the Department of Juvenile Justice.
18 (e) When a minor who is at least 15 years of age is
19prosecuted under the criminal laws of this State, the court may
20enter an order directing that the juvenile be confined in the
21county jail. However, any juvenile confined in the county jail
22under this provision shall be separated from adults who are
23confined in the county jail in such a manner that there will be
24no contact by sight, sound or otherwise between the juvenile
25and adult prisoners.
26 (f) For purposes of appearing in a physical lineup, the

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1minor may be taken to a county jail or municipal lockup under
2the direct and constant supervision of a juvenile police
3officer. During such time as is necessary to conduct a lineup,
4and while supervised by a juvenile police officer, the sight
5and sound separation provisions shall not apply.
6 (g) For purposes of processing a minor, the minor may be
7taken to a County Jail or municipal lockup under the direct and
8constant supervision of a law enforcement officer or
9correctional officer. During such time as is necessary to
10process the minor, and while supervised by a law enforcement
11officer or correctional officer, the sight and sound separation
12provisions shall not apply.
13 (3) If the probation officer or State's Attorney (or such
14other public officer designated by the court in a county having
153,000,000 or more inhabitants) determines that the minor may be
16a delinquent minor as described in subsection (3) of Section
175-105, and should be retained in custody but does not require
18physical restriction, the minor may be placed in non-secure
19custody for up to 40 hours pending a detention hearing.
20 (4) Any minor taken into temporary custody, not requiring
21secure detention, may, however, be detained in the home of his
22or her parent or guardian subject to such conditions as the
23court may impose.
24 (5) The changes made to this Section by Public Act 98-61
25apply to a minor who has been arrested or taken into custody on
26or after January 1, 2014 (the effective date of Public Act

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2(Source: P.A. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756,
3eff. 7-16-14; 99-254, eff. 1-1-16.)
4 (705 ILCS 405/5-415)
5 Sec. 5-415. Setting of detention or shelter care hearing;
7 (1) Unless sooner released, a minor alleged to be a
8delinquent minor taken into temporary custody must be brought
9before a judicial officer within 48 40 hours for a detention or
10shelter care hearing to determine whether he or she shall be
11further held in custody. If a minor alleged to be a delinquent
12minor taken into custody is hospitalized or is receiving
13treatment for a physical or mental condition, and is unable to
14be brought before a judicial officer for a detention or shelter
15care hearing, the 48 40 hour period will not commence until the
16minor is released from the hospital or place of treatment. If
17the minor gives false information to law enforcement officials
18regarding the minor's identity or age, the 48 40 hour period
19will not commence until the court rules that the minor is
20subject to this Act and not subject to prosecution under the
21Criminal Code of 1961 or the Criminal Code of 2012. Any other
22delay attributable to a minor alleged to be a delinquent minor
23who is taken into temporary custody shall act to toll the 48 40
24hour time period. The 48 40 hour time period shall be tolled to
25allow counsel for the minor to prepare for the detention or

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1shelter care hearing, upon a motion filed by such counsel and
2granted by the court. In all cases, the 48 40 hour time period
3includes any Saturday, Sunday, or court-designated holiday
4within the period is exclusive of Saturdays, Sundays and
5court-designated holidays.
6 (2) If the State's Attorney or probation officer (or other
7public officer designated by the court in a county having more
8than 3,000,000 inhabitants) determines that the minor should be
9retained in custody, he or she shall cause a petition to be
10filed as provided in Section 5-520 of this Article, and the
11clerk of the court shall set the matter for hearing on the
12detention or shelter care hearing calendar. Immediately upon
13the filing of a petition in the case of a minor retained in
14custody, the court shall cause counsel to be appointed to
15represent the minor. When a parent, legal guardian, custodian,
16or responsible relative is present and so requests, the
17detention or shelter care hearing shall be held immediately if
18the court is in session and the State is ready to proceed,
19otherwise at the earliest feasible time. In no event shall a
20detention or shelter care hearing be held until the minor has
21had adequate opportunity to consult with counsel. The probation
22officer or such other public officer designated by the court in
23a county having more than 3,000,000 inhabitants shall notify
24the minor's parent, legal guardian, custodian, or responsible
25relative of the time and place of the hearing. The notice may
26be given orally.

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1 (3) The minor must be released from custody at the
2expiration of the 48 40 hour period specified by this Section
3if not brought before a judicial officer within that period.
4 (4) After the initial 48 40 hour period has lapsed, the
5court may review the minor's custodial status at any time prior
6to the trial or sentencing hearing. If during this time period
7new or additional information becomes available concerning the
8minor's conduct, the court may conduct a hearing to determine
9whether the minor should be placed in a detention or shelter
10care facility. If the court finds that there is probable cause
11that the minor is a delinquent minor and that it is a matter of
12immediate and urgent necessity for the protection of the minor
13or of the person or property of another, or that he or she is
14likely to flee the jurisdiction of the court, the court may
15order that the minor be placed in detention or shelter care.
16(Source: P.A. 97-1150, eff. 1-25-13.)
17 (705 ILCS 405/5-420 new)
18 Sec. 5-420. Minor's appearance by closed circuit
19television and video conference.
20 (a) If an appearance, under this Act, is required of any
21minor taken and held in a place of custody or confinement
22operated by the State or any of its political subdivisions,
23including counties and municipalities, the chief judge of the
24circuit may permit by rule for the minor's personal appearance
25to be made by means of two-way audio-visual communication,

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1including closed circuit television and computerized video
2conference, in the following proceedings:
3 (1) the initial appearance before a judge;
4 (2) a detention or shelter care hearing; or
5 (3) any status hearing.
6 (b) The two-way audio-visual communication facilities must
7provide two-way audio-visual communication between the court
8and the place of custody or confinement, and must include a
9secure line over which the minor in custody and his or her
10counsel may communicate.
11 (c) Nothing in this Section shall be construed to prohibit
12other court appearances through the use of two-way audio-visual
13communication, upon waiver of any right the minor in custody or
14confinement may have to be present physically.
15 (d) Nothing in this Section shall be construed to establish
16a right of any minor held in custody or confinement to appear
17in court through two-way audio-visual communication or to
18require that any governmental entity, or place of custody or
19confinement, provide two-way audio-visual communication.
20 Section 10. The Probation and Probation Officers Act is
21amended by changing Section 15 as follows:
22 (730 ILCS 110/15) (from Ch. 38, par. 204-7)
23 Sec. 15. (1) The Supreme Court of Illinois may establish a
24Division of Probation Services whose purpose shall be the

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1development, establishment, promulgation, and enforcement of
2uniform standards for probation services in this State, and to
3otherwise carry out the intent of this Act. The Division may:
4 (a) establish qualifications for chief probation
5 officers and other probation and court services personnel
6 as to hiring, promotion, and training.
7 (b) make available, on a timely basis, lists of those
8 applicants whose qualifications meet the regulations
9 referred to herein, including on said lists all candidates
10 found qualified.
11 (c) establish a means of verifying the conditions for
12 reimbursement under this Act and develop criteria for
13 approved costs for reimbursement.
14 (d) develop standards and approve employee
15 compensation schedules for probation and court services
16 departments.
17 (e) employ sufficient personnel in the Division to
18 carry out the functions of the Division.
19 (f) establish a system of training and establish
20 standards for personnel orientation and training.
21 (g) develop standards for a system of record keeping
22 for cases and programs, gather statistics, establish a
23 system of uniform forms, and develop research for planning
24 of Probation Services.
25 (h) develop standards to assure adequate support
26 personnel, office space, equipment and supplies, travel

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1 expenses, and other essential items necessary for
2 Probation and Court Services Departments to carry out their
3 duties.
4 (i) review and approve annual plans submitted by
5 Probation and Court Services Departments.
6 (j) monitor and evaluate all programs operated by
7 Probation and Court Services Departments, and may include
8 in the program evaluation criteria such factors as the
9 percentage of Probation sentences for felons convicted of
10 Probationable offenses.
11 (k) seek the cooperation of local and State government
12 and private agencies to improve the quality of probation
13 and court services.
14 (l) where appropriate, establish programs and
15 corresponding standards designed to generally improve the
16 quality of probation and court services and reduce the rate
17 of adult or juvenile offenders committed to the Department
18 of Corrections.
19 (m) establish such other standards and regulations and
20 do all acts necessary to carry out the intent and purposes
21 of this Act.
22 The Division shall adopt a statewide juvenile detention
23screening instrument that has been verified through
24evidence-based and data-based practices that is to be used by
25all authorized juvenile detention facilities. The scoring for
26this screening tool may include, but is not limited to, the

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1following determinations or factors:
2 (i) the likelihood that the juvenile will appear in
3 court;
4 (ii) the severity of the charge against the juvenile;
5 (iii) whether the current incident involved violence
6 or a weapon, or the threat of or use of a weapon;
7 (iv) the number of prior interactions the juvenile has
8 with the juvenile justice system;
9 (v) whether prior incidents of the juvenile involved
10 violence or a weapon, or the threat of or use of a weapon;
11 (vi) whether there is a safe environment to return the
12 juvenile to; and
13 (vii) whether the family members of the juvenile would
14 feel safe if the juvenile returns to his or her home
15 environment.
16 This screening tool and its use shall be race and gender
17neutral and shall include protections from all forms of bias.
18The Division may recommend and adopt updates to the screening
19tool and its usage on a regular basis.
20 The Division shall develop standards to implement the
21Domestic Violence Surveillance Program established under
22Section 5-8A-7 of the Unified Code of Corrections, including
23(i) procurement of equipment and other services necessary to
24implement the program and (ii) development of uniform standards
25for the delivery of the program through county probation
26departments, and develop standards for collecting data to

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1evaluate the impact and costs of the Domestic Violence
2Surveillance Program.
3 The Division shall establish a model list of structured
4intermediate sanctions that may be imposed by a probation
5agency for violations of terms and conditions of a sentence of
6probation, conditional discharge, or supervision.
7 The State of Illinois shall provide for the costs of
8personnel, travel, equipment, telecommunications, postage,
9commodities, printing, space, contractual services and other
10related costs necessary to carry out the intent of this Act.
11 (2) (a) The chief judge of each circuit shall provide
12full-time probation services for all counties within the
13circuit, in a manner consistent with the annual probation plan,
14the standards, policies, and regulations established by the
15Supreme Court. A probation district of two or more counties
16within a circuit may be created for the purposes of providing
17full-time probation services. Every county or group of counties
18within a circuit shall maintain a probation department which
19shall be under the authority of the Chief Judge of the circuit
20or some other judge designated by the Chief Judge. The Chief
21Judge, through the Probation and Court Services Department
22shall submit annual plans to the Division for probation and
23related services.
24 (b) The Chief Judge of each circuit shall appoint the Chief
25Probation Officer and all other probation officers for his or
26her circuit from lists of qualified applicants supplied by the

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1Supreme Court. Candidates for chief managing officer and other
2probation officer positions must apply with both the Chief
3Judge of the circuit and the Supreme Court.
4 (3) A Probation and Court Service Department shall apply to
5the Supreme Court for funds for basic services, and may apply
6for funds for new and expanded programs or Individualized
7Services and Programs. Costs shall be reimbursed monthly based
8on a plan and budget approved by the Supreme Court. No
9Department may be reimbursed for costs which exceed or are not
10provided for in the approved annual plan and budget. After the
11effective date of this amendatory Act of 1985, each county must
12provide basic services in accordance with the annual plan and
13standards created by the division. No department may receive
14funds for new or expanded programs or individualized services
15and programs unless they are in compliance with standards as
16enumerated in paragraph (h) of subsection (1) of this Section,
17the annual plan, and standards for basic services.
18 (4) The Division shall reimburse the county or counties for
19probation services as follows:
20 (a) 100% of the salary of all chief managing officers
21 designated as such by the Chief Judge and the division.
22 (b) 100% of the salary for all probation officer and
23 supervisor positions approved for reimbursement by the
24 division after April 1, 1984, to meet workload standards
25 and to implement intensive sanction and probation
26 supervision programs and other basic services as defined in

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1 this Act.
2 (c) 100% of the salary for all secure detention
3 personnel and non-secure group home personnel approved for
4 reimbursement after December 1, 1990. For all such
5 positions approved for reimbursement before December 1,
6 1990, the counties shall be reimbursed $1,250 per month
7 beginning July 1, 1995, and an additional $250 per month
8 beginning each July 1st thereafter until the positions
9 receive 100% salary reimbursement. Allocation of such
10 positions will be based on comparative need considering
11 capacity, staff/resident ratio, physical plant and
12 program.
13 (d) $1,000 per month for salaries for the remaining
14 probation officer positions engaged in basic services and
15 new or expanded services. All such positions shall be
16 approved by the division in accordance with this Act and
17 division standards.
18 (e) 100% of the travel expenses in accordance with
19 Division standards for all Probation positions approved
20 under paragraph (b) of subsection 4 of this Section.
21 (f) If the amount of funds reimbursed to the county
22 under paragraphs (a) through (e) of subsection 4 of this
23 Section on an annual basis is less than the amount the
24 county had received during the 12 month period immediately
25 prior to the effective date of this amendatory Act of 1985,
26 then the Division shall reimburse the amount of the

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1 difference to the county. The effect of paragraph (b) of
2 subsection 7 of this Section shall be considered in
3 implementing this supplemental reimbursement provision.
4 (5) The Division shall provide funds beginning on April 1,
51987 for the counties to provide Individualized Services and
6Programs as provided in Section 16 of this Act.
7 (6) A Probation and Court Services Department in order to
8be eligible for the reimbursement must submit to the Supreme
9Court an application containing such information and in such a
10form and by such dates as the Supreme Court may require.
11Departments to be eligible for funding must satisfy the
12following conditions:
13 (a) The Department shall have on file with the Supreme
14 Court an annual Probation plan for continuing, improved,
15 and new Probation and Court Services Programs approved by
16 the Supreme Court or its designee. This plan shall indicate
17 the manner in which Probation and Court Services will be
18 delivered and improved, consistent with the minimum
19 standards and regulations for Probation and Court
20 Services, as established by the Supreme Court. In counties
21 with more than one Probation and Court Services Department
22 eligible to receive funds, all Departments within that
23 county must submit plans which are approved by the Supreme
24 Court.
25 (b) The annual probation plan shall seek to generally
26 improve the quality of probation services and to reduce the

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1 commitment of adult offenders to the Department of
2 Corrections and to reduce the commitment of juvenile
3 offenders to the Department of Juvenile Justice and shall
4 require, when appropriate, coordination with the
5 Department of Corrections, the Department of Juvenile
6 Justice, and the Department of Children and Family Services
7 in the development and use of community resources,
8 information systems, case review and permanency planning
9 systems to avoid the duplication of services.
10 (c) The Department shall be in compliance with
11 standards developed by the Supreme Court for basic, new and
12 expanded services, training, personnel hiring and
13 promotion.
14 (d) The Department shall in its annual plan indicate
15 the manner in which it will support the rights of crime
16 victims and in which manner it will implement Article I,
17 Section 8.1 of the Illinois Constitution and in what manner
18 it will coordinate crime victims' support services with
19 other criminal justice agencies within its jurisdiction,
20 including but not limited to, the State's Attorney, the
21 Sheriff and any municipal police department.
22 (7) No statement shall be verified by the Supreme Court or
23its designee or vouchered by the Comptroller unless each of the
24following conditions have been met:
25 (a) The probation officer is a full-time employee
26 appointed by the Chief Judge to provide probation services.

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1 (b) The probation officer, in order to be eligible for
2 State reimbursement, is receiving a salary of at least
3 $17,000 per year.
4 (c) The probation officer is appointed or was
5 reappointed in accordance with minimum qualifications or
6 criteria established by the Supreme Court; however, all
7 probation officers appointed prior to January 1, 1978,
8 shall be exempted from the minimum requirements
9 established by the Supreme Court. Payments shall be made to
10 counties employing these exempted probation officers as
11 long as they are employed in the position held on the
12 effective date of this amendatory Act of 1985. Promotions
13 shall be governed by minimum qualifications established by
14 the Supreme Court.
15 (d) The Department has an established compensation
16 schedule approved by the Supreme Court. The compensation
17 schedule shall include salary ranges with necessary
18 increments to compensate each employee. The increments
19 shall, within the salary ranges, be based on such factors
20 as bona fide occupational qualifications, performance, and
21 length of service. Each position in the Department shall be
22 placed on the compensation schedule according to job duties
23 and responsibilities of such position. The policy and
24 procedures of the compensation schedule shall be made
25 available to each employee.
26 (8) In order to obtain full reimbursement of all approved

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1costs, each Department must continue to employ at least the
2same number of probation officers and probation managers as
3were authorized for employment for the fiscal year which
4includes January 1, 1985. This number shall be designated as
5the base amount of the Department. No positions approved by the
6Division under paragraph (b) of subsection 4 will be included
7in the base amount. In the event that the Department employs
8fewer Probation officers and Probation managers than the base
9amount for a period of 90 days, funding received by the
10Department under subsection 4 of this Section may be reduced on
11a monthly basis by the amount of the current salaries of any
12positions below the base amount.
13 (9) Before the 15th day of each month, the treasurer of any
14county which has a Probation and Court Services Department, or
15the treasurer of the most populous county, in the case of a
16Probation or Court Services Department funded by more than one
17county, shall submit an itemized statement of all approved
18costs incurred in the delivery of Basic Probation and Court
19Services under this Act to the Supreme Court. The treasurer may
20also submit an itemized statement of all approved costs
21incurred in the delivery of new and expanded Probation and
22Court Services as well as Individualized Services and Programs.
23The Supreme Court or its designee shall verify compliance with
24this Section and shall examine and audit the monthly statement
25and, upon finding them to be correct, shall forward them to the
26Comptroller for payment to the county treasurer. In the case of

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1payment to a treasurer of a county which is the most populous
2of counties sharing the salary and expenses of a Probation and
3Court Services Department, the treasurer shall divide the money
4between the counties in a manner that reflects each county's
5share of the cost incurred by the Department.
6 (10) The county treasurer must certify that funds received
7under this Section shall be used solely to maintain and improve
8Probation and Court Services. The county or circuit shall
9remain in compliance with all standards, policies and
10regulations established by the Supreme Court. If at any time
11the Supreme Court determines that a county or circuit is not in
12compliance, the Supreme Court shall immediately notify the
13Chief Judge, county board chairman and the Director of Court
14Services Chief Probation Officer. If after 90 days of written
15notice the noncompliance still exists, the Supreme Court shall
16be required to reduce the amount of monthly reimbursement by
1710%. An additional 10% reduction of monthly reimbursement shall
18occur for each consecutive month of noncompliance. Except as
19provided in subsection 5 of Section 15, funding to counties
20shall commence on April 1, 1986. Funds received under this Act
21shall be used to provide for Probation Department expenses
22including those required under Section 13 of this Act. The
23Mandatory Arbitration Fund may be used to provide for Probation
24Department expenses, including those required under Section 13
25of this Act.
26 (11) The respective counties shall be responsible for

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1capital and space costs, fringe benefits, clerical costs,
2equipment, telecommunications, postage, commodities and
4 (12) For purposes of this Act only, probation officers
5shall be considered peace officers. In the exercise of their
6official duties, probation officers, sheriffs, and police
7officers may, anywhere within the State, arrest any probationer
8who is in violation of any of the conditions of his or her
9probation, conditional discharge, or supervision, and it shall
10be the duty of the officer making the arrest to take the
11probationer before the Court having jurisdiction over the
12probationer for further order.
13(Source: P.A. 95-707, eff. 1-11-08; 95-773, eff. 1-1-09;
1496-688, eff. 8-25-09.)