Bill Text: IL SB2374 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that on and after July 1, 2023, a detention screening instrument shall be used for referrals to all authorized juvenile detention facilities in this State prior to a judicial hearing. Provides that 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: (1) the initial appearance before a judge; (2) a detention or shelter care hearing; or (3) 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-30 - Chief Sponsor Changed to Sen. Don Harmon [SB2374 Detail]

Download: Illinois-2021-SB2374-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB2374 Introduced 2/26/2021, by Sen. John Connor SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-410
705 ILCS 405/5-415
705 ILCS 405/5-420 new
730 ILCS 110/15 from Ch. 38, par. 204-7
Amends the Juvenile Court Act of 1987. Provides that on and after July 1, 2023, 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: (1) the initial appearance before a judge; (2) a detention or shelter care hearing; or (3) 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.
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A BILL FOR
SB2374 LRB102 14153 KMF 19505 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 5-410 and 5-415 and by adding Section 5-420
as follows:
(705 ILCS 405/5-410)
Sec. 5-410. Non-secure custody or detention.
(1) Any minor arrested or taken into custody pursuant to
this Act who requires care away from his or her home but who
does not require physical restriction shall be given temporary
care in a foster family home or other shelter facility
designated by the court.
(2) (a) Any minor 10 years of age or older arrested
pursuant to this Act where there is probable cause to believe
that the minor is a delinquent minor and that (i) secure
custody is a matter of immediate and urgent necessity for the
protection of the minor or of the person or property of
another, (ii) the minor is likely to flee the jurisdiction of
the court, or (iii) the minor was taken into custody under a
warrant, may be kept or detained in an authorized detention
facility. A minor under 13 years of age shall not be admitted,
kept, or detained in a detention facility unless a local youth

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service provider, including a provider through the
Comprehensive Community Based Youth Services network, has been
contacted and has not been able to accept the minor. No minor
under 12 years of age shall be detained in a county jail or a
municipal lockup for more than 6 hours.
(a-5) For a minor arrested or taken into custody for
vehicular hijacking or aggravated vehicular hijacking, a
previous finding of delinquency for vehicular hijacking or
aggravated vehicular hijacking shall be given greater weight
in determining whether secured custody of a minor is a matter
of immediate and urgent necessity for the protection of the
minor or of the person or property of another.
(b) The written authorization of the probation officer or
detention officer (or other public officer designated by the
court in a county having 3,000,000 or more inhabitants)
constitutes authority for the superintendent of any juvenile
detention home to detain and keep a minor for up to 40 hours,
excluding Saturdays, Sundays, and court-designated holidays.
These records shall be available to the same persons and
pursuant to the same conditions as are law enforcement records
as provided in Section 5-905.
(b-4) The consultation required by paragraph (b-5) shall
not be applicable if the probation officer or detention
officer (or other public officer designated by the court in a
county having 3,000,000 or more inhabitants) utilizes a
scorable detention screening instrument, which has been

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developed with input by the State's Attorney, to determine
whether a minor should be detained, however, paragraph (b-5)
shall still be applicable where no such screening instrument
is used or where the probation officer, detention officer (or
other public officer designated by the court in a county
having 3,000,000 or more inhabitants) deviates from the
screening instrument.
On and after July 1, 2023, a detention screening
instrument shall be used for referrals to all authorized
juvenile detention facilities in this State prior to a
judicial hearing. The detention screening instrument shall be
developed and validated by the Probation Division of the
Administrative Office of the Illinois Courts, as provided in
Section 15 of the Probation and Probation Officers Act, and
subject to approval by the Illinois Supreme Court.
(b-5) Subject to the provisions of paragraph (b-4), if a
probation officer or detention officer (or other public
officer designated by the court in a county having 3,000,000
or more inhabitants) does not intend to detain a minor for an
offense which constitutes one of the following offenses he or
she shall consult with the State's Attorney's Office prior to
the release of the minor: first degree murder, second degree
murder, involuntary manslaughter, criminal sexual assault,
aggravated criminal sexual assault, aggravated battery with a
firearm as described in Section 12-4.2 or subdivision (e)(1),
(e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or

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heinous battery involving permanent disability or
disfigurement or great bodily harm, robbery, aggravated
robbery, armed robbery, vehicular hijacking, aggravated
vehicular hijacking, vehicular invasion, arson, aggravated
arson, kidnapping, aggravated kidnapping, home invasion,
burglary, or residential burglary.
(c) Except as otherwise provided in paragraph (a), (d), or
(e), no minor shall be detained in a county jail or municipal
lockup for more than 12 hours, unless the offense is a crime of
violence in which case the minor may be detained up to 24
hours. For the purpose of this paragraph, "crime of violence"
has the meaning ascribed to it in Section 1-10 of the
Alcoholism and Other Drug Abuse and Dependency Act.
(i) The period of detention is deemed to have begun
once the minor has been placed in a locked room or cell or
handcuffed to a stationary object in a building housing a
county jail or municipal lockup. Time spent transporting a
minor is not considered to be time in detention or secure
custody.
(ii) Any minor so confined shall be under periodic
supervision and shall not be permitted to come into or
remain in contact with adults in custody in the building.
(iii) Upon placement in secure custody in a jail or
lockup, the minor shall be informed of the purpose of the
detention, the time it is expected to last and the fact
that it cannot exceed the time specified under this Act.

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(iv) A log shall be kept which shows the offense which
is the basis for the detention, the reasons and
circumstances for the decision to detain, and the length
of time the minor was in detention.
(v) Violation of the time limit on detention in a
county jail or municipal lockup shall not, in and of
itself, render inadmissible evidence obtained as a result
of the violation of this time limit. Minors under 18 years
of age shall be kept separate from confined adults and may
not at any time be kept in the same cell, room, or yard
with adults confined pursuant to criminal law. Persons 18
years of age and older who have a petition of delinquency
filed against them may be confined in an adult detention
facility. In making a determination whether to confine a
person 18 years of age or older who has a petition of
delinquency filed against the person, these factors, among
other matters, shall be considered:
(A) the age of the person;
(B) any previous delinquent or criminal history of
the person;
(C) any previous abuse or neglect history of the
person; and
(D) any mental health or educational history of
the person, or both.
(d) (i) If a minor 12 years of age or older is confined in
a county jail in a county with a population below 3,000,000

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inhabitants, then the minor's confinement shall be implemented
in such a manner that there will be no contact by sight, sound,
or otherwise between the minor and adult prisoners. Minors 12
years of age or older must be kept separate from confined
adults and may not at any time be kept in the same cell, room,
or yard with confined adults. This paragraph (d)(i) shall only
apply to confinement pending an adjudicatory hearing and shall
not exceed 40 hours, excluding Saturdays, Sundays, and
court-designated holidays. To accept or hold minors during
this time period, county jails shall comply with all
monitoring standards adopted by the Department of Corrections
and training standards approved by the Illinois Law
Enforcement Training Standards Board.
(ii) To accept or hold minors, 12 years of age or older,
after the time period prescribed in paragraph (d)(i) of this
subsection (2) of this Section but not exceeding 7 days
including Saturdays, Sundays, and holidays pending an
adjudicatory hearing, county jails shall comply with all
temporary detention standards adopted by the Department of
Corrections and training standards approved by the Illinois
Law Enforcement Training Standards Board.
(iii) To accept or hold minors 12 years of age or older,
after the time period prescribed in paragraphs (d)(i) and
(d)(ii) of this subsection (2) of this Section, county jails
shall comply with all county juvenile detention standards
adopted by the Department of Juvenile Justice.

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(e) When a minor who is at least 15 years of age is
prosecuted under the criminal laws of this State, the court
may enter an order directing that the juvenile be confined in
the county jail. However, any juvenile confined in the county
jail under this provision shall be separated from adults who
are confined in the county jail in such a manner that there
will be no contact by sight, sound or otherwise between the
juvenile and adult prisoners.
(f) For purposes of appearing in a physical lineup, the
minor may be taken to a county jail or municipal lockup under
the direct and constant supervision of a juvenile police
officer. During such time as is necessary to conduct a lineup,
and while supervised by a juvenile police officer, the sight
and sound separation provisions shall not apply.
(g) For purposes of processing a minor, the minor may be
taken to a county jail or municipal lockup under the direct and
constant supervision of a law enforcement officer or
correctional officer. During such time as is necessary to
process the minor, and while supervised by a law enforcement
officer or correctional officer, the sight and sound
separation provisions shall not apply.
(3) If the probation officer or State's Attorney (or such
other public officer designated by the court in a county
having 3,000,000 or more inhabitants) determines that the
minor may be a delinquent minor as described in subsection (3)
of Section 5-105, and should be retained in custody but does

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not require physical restriction, the minor may be placed in
non-secure custody for up to 40 hours pending a detention
hearing.
(4) Any minor taken into temporary custody, not requiring
secure detention, may, however, be detained in the home of his
or her parent or guardian subject to such conditions as the
court may impose.
(5) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).
(Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
(705 ILCS 405/5-415)
Sec. 5-415. Setting of detention or shelter care hearing;
release.
(1) Unless sooner released, a minor alleged to be a
delinquent minor taken into temporary custody must be brought
before a judicial officer within 48 40 hours for a detention or
shelter care hearing to determine whether he or she shall be
further held in custody. If a minor alleged to be a delinquent
minor taken into custody is hospitalized or is receiving
treatment for a physical or mental condition, and is unable to
be brought before a judicial officer for a detention or
shelter care hearing, the 48 40 hour period will not commence
until the minor is released from the hospital or place of

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treatment. If the minor gives false information to law
enforcement officials regarding the minor's identity or age,
the 48 40 hour period will not commence until the court rules
that the minor is subject to this Act and not subject to
prosecution under the Criminal Code of 1961 or the Criminal
Code of 2012. Any other delay attributable to a minor alleged
to be a delinquent minor who is taken into temporary custody
shall act to toll the 48 40 hour time period. The 48 40 hour
time period shall be tolled to allow counsel for the minor to
prepare for the detention or shelter care hearing, upon a
motion filed by such counsel and granted by the court. In all
cases, the 48 40 hour time period includes any Saturday,
Sunday, or court-designated holiday within the period is
exclusive of Saturdays, Sundays and court-designated holidays.
(2) If the State's Attorney or probation officer (or other
public officer designated by the court in a county having more
than 3,000,000 inhabitants) determines that the minor should
be retained in custody, he or she shall cause a petition to be
filed as provided in Section 5-520 of this Article, and the
clerk of the court shall set the matter for hearing on the
detention or shelter care hearing calendar. Immediately upon
the filing of a petition in the case of a minor retained in
custody, the court shall cause counsel to be appointed to
represent the minor. When a parent, legal guardian, custodian,
or responsible relative is present and so requests, the
detention or shelter care hearing shall be held immediately if

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the court is in session and the State is ready to proceed,
otherwise at the earliest feasible time. In no event shall a
detention or shelter care hearing be held until the minor has
had adequate opportunity to consult with counsel. The
probation officer or such other public officer designated by
the court in a county having more than 3,000,000 inhabitants
shall notify the minor's parent, legal guardian, custodian, or
responsible relative of the time and place of the hearing. The
notice may be given orally.
(3) The minor must be released from custody at the
expiration of the 48 40 hour period specified by this Section
if not brought before a judicial officer within that period.
(4) After the initial 48 40 hour period has lapsed, the
court may review the minor's custodial status at any time
prior to the trial or sentencing hearing. If during this time
period new or additional information becomes available
concerning the minor's conduct, the court may conduct a
hearing to determine whether the minor should be placed in a
detention or shelter care facility. If the court finds that
there is probable cause that the minor is a delinquent minor
and that it is a matter of immediate and urgent necessity for
the protection of the minor or of the person or property of
another, or that he or she is likely to flee the jurisdiction
of the court, the court may order that the minor be placed in
detention or shelter care.
(Source: P.A. 97-1150, eff. 1-25-13.)

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(705 ILCS 405/5-420 new)
Sec. 5-420. Minor's appearance by closed circuit
television and video conference.
(a) If an appearance under this Act 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:
(1) the initial appearance before a judge;
(2) a detention or shelter care hearing; or
(3) any status hearing.
(b) The two-way audio-visual communication facilities must
provide two-way audio-visual communication between the court
and the place of custody or confinement and must include a
secure line over which the minor in custody and his or her
counsel may communicate.
(c) Nothing in this Section shall be construed to prohibit
other court appearances through the use of two-way
audio-visual communication, upon waiver of any right the minor
in custody or confinement may have to be present physically.
(d) Nothing in this Section shall be construed to
establish a right of any minor held in custody or confinement

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to appear in court through two-way audio-visual communication
or to require that any governmental entity, or place of
custody or confinement, provide two-way audio-visual
communication.
Section 10. The Probation and Probation Officers Act is
amended by changing Section 15 as follows:
(730 ILCS 110/15) (from Ch. 38, par. 204-7)
Sec. 15. (1) The Supreme Court of Illinois may establish a
Division of Probation Services whose purpose shall be the
development, establishment, promulgation, and enforcement of
uniform standards for probation services in this State, and to
otherwise carry out the intent of this Act. The Division may:
(a) establish qualifications for chief probation
officers and other probation and court services personnel
as to hiring, promotion, and training.
(b) make available, on a timely basis, lists of those
applicants whose qualifications meet the regulations
referred to herein, including on said lists all candidates
found qualified.
(c) establish a means of verifying the conditions for
reimbursement under this Act and develop criteria for
approved costs for reimbursement.
(d) develop standards and approve employee
compensation schedules for probation and court services

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departments.
(e) employ sufficient personnel in the Division to
carry out the functions of the Division.
(f) establish a system of training and establish
standards for personnel orientation and training.
(g) develop standards for a system of record keeping
for cases and programs, gather statistics, establish a
system of uniform forms, and develop research for planning
of Probation Services.
(h) develop standards to assure adequate support
personnel, office space, equipment and supplies, travel
expenses, and other essential items necessary for
Probation and Court Services Departments to carry out
their duties.
(i) review and approve annual plans submitted by
Probation and Court Services Departments.
(j) monitor and evaluate all programs operated by
Probation and Court Services Departments, and may include
in the program evaluation criteria such factors as the
percentage of Probation sentences for felons convicted of
Probationable offenses.
(k) seek the cooperation of local and State government
and private agencies to improve the quality of probation
and court services.
(l) where appropriate, establish programs and
corresponding standards designed to generally improve the

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quality of probation and court services and reduce the
rate of adult or juvenile offenders committed to the
Department of Corrections.
(m) establish such other standards and regulations and
do all acts necessary to carry out the intent and purposes
of this Act.
The Division 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. The scoring for
this screening tool may include, but is not limited to, the
following determinations or factors:
(i) the likelihood that the juvenile will appear in
court;
(ii) the severity of the charge against the juvenile;
(iii) whether the current incident involved violence
or a weapon, or the threat of or use of a weapon;
(iv) the number of prior interactions the juvenile has
with the juvenile justice system;
(v) whether prior incidents of the juvenile involved
violence or a weapon, or the threat of or use of a weapon;
(vi) whether there is a safe environment to return the
juvenile to; and
(vii) whether the family members of the juvenile would
feel safe if the juvenile returns to his or her home
environment.

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This screening tool and its use shall be race and gender
neutral and shall include protections from all forms of bias.
The Division may recommend and adopt updates to the screening
tool and its usage on a regular basis.
The Division shall develop standards to implement the
Domestic Violence Surveillance Program established under
Section 5-8A-7 of the Unified Code of Corrections, including
(i) procurement of equipment and other services necessary to
implement the program and (ii) development of uniform
standards for the delivery of the program through county
probation departments, and develop standards for collecting
data to evaluate the impact and costs of the Domestic Violence
Surveillance Program.
The Division shall establish a model list of structured
intermediate sanctions that may be imposed by a probation
agency for violations of terms and conditions of a sentence of
probation, conditional discharge, or supervision.
The Division shall establish training standards for
continuing education of probation officers and supervisors and
broaden access to available training programs.
The State of Illinois shall provide for the costs of
personnel, travel, equipment, telecommunications, postage,
commodities, printing, space, contractual services and other
related costs necessary to carry out the intent of this Act.
(2)(a) The chief judge of each circuit shall provide
full-time probation services for all counties within the

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circuit, in a manner consistent with the annual probation
plan, the standards, policies, and regulations established by
the Supreme Court. A probation district of two or more
counties within a circuit may be created for the purposes of
providing full-time probation services. Every county or group
of counties within a circuit shall maintain a probation
department which shall be under the authority of the Chief
Judge of the circuit or some other judge designated by the
Chief Judge. The Chief Judge, through the Probation and Court
Services Department shall submit annual plans to the Division
for probation and related services.
(b) The Chief Judge of each circuit shall appoint the
Chief Probation Officer and all other probation officers for
his or her circuit from lists of qualified applicants supplied
by the Supreme Court. Candidates for chief managing officer
and other probation officer positions must apply with both the
Chief Judge of the circuit and the Supreme Court.
(3) A Probation and Court Service Department shall apply
to the Supreme Court for funds for basic services, and may
apply for funds for new and expanded programs or
Individualized Services and Programs. Costs shall be
reimbursed monthly based on a plan and budget approved by the
Supreme Court. No Department may be reimbursed for costs which
exceed or are not provided for in the approved annual plan and
budget. After the effective date of this amendatory Act of
1985, each county must provide basic services in accordance

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with the annual plan and standards created by the division. No
department may receive funds for new or expanded programs or
individualized services and programs unless they are in
compliance with standards as enumerated in paragraph (h) of
subsection (1) of this Section, the annual plan, and standards
for basic services.
(4) The Division shall reimburse the county or counties
for probation services as follows:
(a) 100% of the salary of all chief managing officers
designated as such by the Chief Judge and the division.
(b) 100% of the salary for all probation officer and
supervisor positions approved for reimbursement by the
division after April 1, 1984, to meet workload standards
and to implement intensive sanction and probation
supervision programs and other basic services as defined
in this Act.
(c) 100% of the salary for all secure detention
personnel and non-secure group home personnel approved for
reimbursement after December 1, 1990. For all such
positions approved for reimbursement before December 1,
1990, the counties shall be reimbursed $1,250 per month
beginning July 1, 1995, and an additional $250 per month
beginning each July 1st thereafter until the positions
receive 100% salary reimbursement. Allocation of such
positions will be based on comparative need considering
capacity, staff/resident ratio, physical plant and

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program.
(d) $1,000 per month for salaries for the remaining
probation officer positions engaged in basic services and
new or expanded services. All such positions shall be
approved by the division in accordance with this Act and
division standards.
(e) 100% of the travel expenses in accordance with
Division standards for all Probation positions approved
under paragraph (b) of subsection 4 of this Section.
(f) If the amount of funds reimbursed to the county
under paragraphs (a) through (e) of subsection 4 of this
Section on an annual basis is less than the amount the
county had received during the 12 month period immediately
prior to the effective date of this amendatory Act of
1985, then the Division shall reimburse the amount of the
difference to the county. The effect of paragraph (b) of
subsection 7 of this Section shall be considered in
implementing this supplemental reimbursement provision.
(5) The Division shall provide funds beginning on April 1,
1987 for the counties to provide Individualized Services and
Programs as provided in Section 16 of this Act.
(6) A Probation and Court Services Department in order to
be eligible for the reimbursement must submit to the Supreme
Court an application containing such information and in such a
form and by such dates as the Supreme Court may require.
Departments to be eligible for funding must satisfy the

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following conditions:
(a) The Department shall have on file with the Supreme
Court an annual Probation plan for continuing, improved,
and new Probation and Court Services Programs approved by
the Supreme Court or its designee. This plan shall
indicate the manner in which Probation and Court Services
will be delivered and improved, consistent with the
minimum standards and regulations for Probation and Court
Services, as established by the Supreme Court. In counties
with more than one Probation and Court Services Department
eligible to receive funds, all Departments within that
county must submit plans which are approved by the Supreme
Court.
(b) The annual probation plan shall seek to generally
improve the quality of probation services and to reduce
the commitment of adult offenders to the Department of
Corrections and to reduce the commitment of juvenile
offenders to the Department of Juvenile Justice and shall
require, when appropriate, coordination with the
Department of Corrections, the Department of Juvenile
Justice, and the Department of Children and Family
Services in the development and use of community
resources, information systems, case review and permanency
planning systems to avoid the duplication of services.
(c) The Department shall be in compliance with
standards developed by the Supreme Court for basic, new

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and expanded services, training, personnel hiring and
promotion.
(d) The Department shall in its annual plan indicate
the manner in which it will support the rights of crime
victims and in which manner it will implement Article I,
Section 8.1 of the Illinois Constitution and in what
manner it will coordinate crime victims' support services
with other criminal justice agencies within its
jurisdiction, including but not limited to, the State's
Attorney, the Sheriff and any municipal police department.
(7) No statement shall be verified by the Supreme Court or
its designee or vouchered by the Comptroller unless each of
the following conditions have been met:
(a) The probation officer is a full-time employee
appointed by the Chief Judge to provide probation
services.
(b) The probation officer, in order to be eligible for
State reimbursement, is receiving a salary of at least
$17,000 per year.
(c) The probation officer is appointed or was
reappointed in accordance with minimum qualifications or
criteria established by the Supreme Court; however, all
probation officers appointed prior to January 1, 1978,
shall be exempted from the minimum requirements
established by the Supreme Court. Payments shall be made
to counties employing these exempted probation officers as

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long as they are employed in the position held on the
effective date of this amendatory Act of 1985. Promotions
shall be governed by minimum qualifications established by
the Supreme Court.
(d) The Department has an established compensation
schedule approved by the Supreme Court. The compensation
schedule shall include salary ranges with necessary
increments to compensate each employee. The increments
shall, within the salary ranges, be based on such factors
as bona fide occupational qualifications, performance, and
length of service. Each position in the Department shall
be placed on the compensation schedule according to job
duties and responsibilities of such position. The policy
and procedures of the compensation schedule shall be made
available to each employee.
(8) In order to obtain full reimbursement of all approved
costs, each Department must continue to employ at least the
same number of probation officers and probation managers as
were authorized for employment for the fiscal year which
includes January 1, 1985. This number shall be designated as
the base amount of the Department. No positions approved by
the Division under paragraph (b) of subsection 4 will be
included in the base amount. In the event that the Department
employs fewer Probation officers and Probation managers than
the base amount for a period of 90 days, funding received by
the Department under subsection 4 of this Section may be

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reduced on a monthly basis by the amount of the current
salaries of any positions below the base amount.
(9) Before the 15th day of each month, the treasurer of any
county which has a Probation and Court Services Department, or
the treasurer of the most populous county, in the case of a
Probation or Court Services Department funded by more than one
county, shall submit an itemized statement of all approved
costs incurred in the delivery of Basic Probation and Court
Services under this Act to the Supreme Court. The treasurer
may also submit an itemized statement of all approved costs
incurred in the delivery of new and expanded Probation and
Court Services as well as Individualized Services and
Programs. The Supreme Court or its designee shall verify
compliance with this Section and shall examine and audit the
monthly statement and, upon finding them to be correct, shall
forward them to the Comptroller for payment to the county
treasurer. In the case of payment to a treasurer of a county
which is the most populous of counties sharing the salary and
expenses of a Probation and Court Services Department, the
treasurer shall divide the money between the counties in a
manner that reflects each county's share of the cost incurred
by the Department.
(10) The county treasurer must certify that funds received
under this Section shall be used solely to maintain and
improve Probation and Court Services. The county or circuit
shall remain in compliance with all standards, policies and

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regulations established by the Supreme Court. If at any time
the Supreme Court determines that a county or circuit is not in
compliance, the Supreme Court shall immediately notify the
Chief Judge, county board chairman and the Director of Court
Services Chief Probation Officer. If after 90 days of written
notice the noncompliance still exists, the Supreme Court shall
be required to reduce the amount of monthly reimbursement by
10%. An additional 10% reduction of monthly reimbursement
shall occur for each consecutive month of noncompliance.
Except as provided in subsection 5 of Section 15, funding to
counties shall commence on April 1, 1986. Funds received under
this Act shall be used to provide for Probation Department
expenses including those required under Section 13 of this
Act. The Mandatory Arbitration Fund may be used to provide for
Probation Department expenses, including those required under
Section 13 of this Act.
(11) The respective counties shall be responsible for
capital and space costs, fringe benefits, clerical costs,
equipment, telecommunications, postage, commodities and
printing.
(12) For purposes of this Act only, probation officers
shall be considered peace officers. In the exercise of their
official duties, probation officers, sheriffs, and police
officers may, anywhere within the State, arrest any
probationer who is in violation of any of the conditions of his
or her probation, conditional discharge, or supervision, and

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it shall be the duty of the officer making the arrest to take
the probationer before the Court having jurisdiction over the
probationer for further order.
(Source: P.A. 100-91, eff. 8-11-17.)