Bill Text: IL SB3783 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Probation and Probation Officers Act. Provides that a probation or court services department shall receive reimbursement from the Division of Probation Services for the employment of part-time detention officers if the officers are fully qualified and trained, other than being part-time, in order to maintain staffing requirements. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-30 - Chief Sponsor Changed to Sen. Don Harmon [SB3783 Detail]

Download: Illinois-2021-SB3783-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3783 Introduced 1/21/2022, by Sen. John Connor SYNOPSIS AS INTRODUCED:
730 ILCS 110/15 from Ch. 38, par. 204-7
Amends the Probation and Probation Officers Act. Provides that a probation or court services department shall receive reimbursement from the Division of Probation Services for the employment of part-time detention officers if the officers are fully qualified and trained, other than being part-time, in order to maintain staffing requirements. Effective immediately.
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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 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 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.

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(2)(a) The chief judge of each circuit shall provide
full-time probation services for all counties within the
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

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budget. After the effective date of this amendatory Act of
1985, each county must provide basic services in accordance
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

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positions will be based on comparative need considering
capacity, staff/resident ratio, physical plant and
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

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form and by such dates as the Supreme Court may require.
Departments to be eligible for funding must satisfy the
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.

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(c) The Department shall be in compliance with
standards developed by the Supreme Court for basic, new
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

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established by the Supreme Court. Payments shall be made
to counties employing these exempted probation officers as
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.
(e) The Department shall receive reimbursement for the
employment of part-time detention officers if the officers
are fully qualified and trained, other than being
part-time, in order to maintain staffing requirements.
(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

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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
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

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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
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.

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(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
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.)
Section 99. Effective date. This Act takes effect upon
becoming law.