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Illinois House Bill HB2844

Illinois 2023-2024 Regular Session

Illinois House Bill HB2844 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2844 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 730 ILCS 110/15 from Ch. 38, par. 204-7 Amends the Probation and Probation Officers Act. Provides that the Division of Probation Services shall reimburse the county or counties for 100% of the salary for all probation officer and supervisor positions approved for reimbursement by the division to meet pretrial services programs and specialty court programs. Provides that for the remaining probation officer positions engaged in basic services and new or expanded services approved of the total statewide number as of July 1, 2021, beginning on July 1, 2024, 20% of that number shall be transferred to those requiring 100% salary reimbursement. Each subsequent July 1, another 20% of the July 1, 2021 population shall also be transferred under described circumstances. LRB103 06068 RLC 51098 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2844 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 730 ILCS 110/15 from Ch. 38, par. 204-7 730 ILCS 110/15 from Ch. 38, par. 204-7 Amends the Probation and Probation Officers Act. Provides that the Division of Probation Services shall reimburse the county or counties for 100% of the salary for all probation officer and supervisor positions approved for reimbursement by the division to meet pretrial services programs and specialty court programs. Provides that for the remaining probation officer positions engaged in basic services and new or expanded services approved of the total statewide number as of July 1, 2021, beginning on July 1, 2024, 20% of that number shall be transferred to those requiring 100% salary reimbursement. Each subsequent July 1, another 20% of the July 1, 2021 population shall also be transferred under described circumstances. LRB103 06068 RLC 51098 b LRB103 06068 RLC 51098 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2844 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
33 730 ILCS 110/15 from Ch. 38, par. 204-7 730 ILCS 110/15 from Ch. 38, par. 204-7
44 730 ILCS 110/15 from Ch. 38, par. 204-7
55 Amends the Probation and Probation Officers Act. Provides that the Division of Probation Services shall reimburse the county or counties for 100% of the salary for all probation officer and supervisor positions approved for reimbursement by the division to meet pretrial services programs and specialty court programs. Provides that for the remaining probation officer positions engaged in basic services and new or expanded services approved of the total statewide number as of July 1, 2021, beginning on July 1, 2024, 20% of that number shall be transferred to those requiring 100% salary reimbursement. Each subsequent July 1, another 20% of the July 1, 2021 population shall also be transferred under described circumstances.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Probation and Probation Officers Act is
1515 5 amended by changing Section 15 as follows:
1616 6 (730 ILCS 110/15) (from Ch. 38, par. 204-7)
1717 7 Sec. 15. (1) The Supreme Court of Illinois may establish a
1818 8 Division of Probation Services whose purpose shall be the
1919 9 development, establishment, promulgation, and enforcement of
2020 10 uniform standards for probation services in this State, and to
2121 11 otherwise carry out the intent of this Act. The Division may:
2222 12 (a) establish qualifications for chief probation
2323 13 officers and other probation and court services personnel
2424 14 as to hiring, promotion, and training.
2525 15 (b) make available, on a timely basis, lists of those
2626 16 applicants whose qualifications meet the regulations
2727 17 referred to herein, including on said lists all candidates
2828 18 found qualified.
2929 19 (c) establish a means of verifying the conditions for
3030 20 reimbursement under this Act and develop criteria for
3131 21 approved costs for reimbursement.
3232 22 (d) develop standards and approve employee
3333 23 compensation schedules for probation and court services
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3838 730 ILCS 110/15 from Ch. 38, par. 204-7 730 ILCS 110/15 from Ch. 38, par. 204-7
3939 730 ILCS 110/15 from Ch. 38, par. 204-7
4040 Amends the Probation and Probation Officers Act. Provides that the Division of Probation Services shall reimburse the county or counties for 100% of the salary for all probation officer and supervisor positions approved for reimbursement by the division to meet pretrial services programs and specialty court programs. Provides that for the remaining probation officer positions engaged in basic services and new or expanded services approved of the total statewide number as of July 1, 2021, beginning on July 1, 2024, 20% of that number shall be transferred to those requiring 100% salary reimbursement. Each subsequent July 1, another 20% of the July 1, 2021 population shall also be transferred under described circumstances.
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6868 1 departments.
6969 2 (e) employ sufficient personnel in the Division to
7070 3 carry out the functions of the Division.
7171 4 (f) establish a system of training and establish
7272 5 standards for personnel orientation and training.
7373 6 (g) develop standards for a system of record keeping
7474 7 for cases and programs, gather statistics, establish a
7575 8 system of uniform forms, and develop research for planning
7676 9 of Probation Services.
7777 10 (h) develop standards to assure adequate support
7878 11 personnel, office space, equipment and supplies, travel
7979 12 expenses, and other essential items necessary for
8080 13 Probation and Court Services Departments to carry out
8181 14 their duties.
8282 15 (i) review and approve annual plans submitted by
8383 16 Probation and Court Services Departments.
8484 17 (j) monitor and evaluate all programs operated by
8585 18 Probation and Court Services Departments, and may include
8686 19 in the program evaluation criteria such factors as the
8787 20 percentage of probation sentences for felons convicted of
8888 21 probationable offenses.
8989 22 (k) seek the cooperation of local and State government
9090 23 and private agencies to improve the quality of probation
9191 24 and court services.
9292 25 (l) where appropriate, establish programs and
9393 26 corresponding standards designed to generally improve the
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104104 1 quality of probation and court services and reduce the
105105 2 rate of adult or juvenile offenders committed to the
106106 3 Department of Corrections.
107107 4 (m) establish such other standards and regulations and
108108 5 do all acts necessary to carry out the intent and purposes
109109 6 of this Act.
110110 7 The Division shall develop standards to implement the
111111 8 Domestic Violence Surveillance Program established under
112112 9 Section 5-8A-7 of the Unified Code of Corrections, including
113113 10 (i) procurement of equipment and other services necessary to
114114 11 implement the program and (ii) development of uniform
115115 12 standards for the delivery of the program through county
116116 13 probation departments, and develop standards for collecting
117117 14 data to evaluate the impact and costs of the Domestic Violence
118118 15 Surveillance Program.
119119 16 The Division shall establish a model list of structured
120120 17 intermediate sanctions that may be imposed by a probation
121121 18 agency for violations of terms and conditions of a sentence of
122122 19 probation, conditional discharge, or supervision.
123123 20 The Division shall establish training standards for
124124 21 continuing education of probation officers and supervisors and
125125 22 broaden access to available training programs.
126126 23 The State of Illinois shall provide for the costs of
127127 24 personnel, travel, equipment, telecommunications, postage,
128128 25 commodities, printing, space, contractual services and other
129129 26 related costs necessary to carry out the intent of this Act.
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140140 1 (2)(a) The chief judge of each circuit shall provide
141141 2 full-time probation services for all counties within the
142142 3 circuit, in a manner consistent with the annual probation
143143 4 plan, the standards, policies, and regulations established by
144144 5 the Supreme Court. A probation district of two or more
145145 6 counties within a circuit may be created for the purposes of
146146 7 providing full-time probation services. Every county or group
147147 8 of counties within a circuit shall maintain a probation
148148 9 department which shall be under the authority of the Chief
149149 10 Judge of the circuit or some other judge designated by the
150150 11 Chief Judge. The Chief Judge, through the Probation and Court
151151 12 Services Department shall submit annual plans to the Division
152152 13 for probation and related services.
153153 14 (b) The Chief Judge of each circuit shall appoint the
154154 15 Chief Probation Officer and all other probation officers for
155155 16 his or her circuit from lists of qualified applicants supplied
156156 17 by the Supreme Court. Candidates for chief managing officer
157157 18 and other probation officer positions must apply with both the
158158 19 Chief Judge of the circuit and the Supreme Court.
159159 20 (3) A Probation and Court Service Department shall apply
160160 21 to the Supreme Court for funds for basic services, and may
161161 22 apply for funds for new and expanded programs or
162162 23 Individualized Services and Programs. Costs shall be
163163 24 reimbursed monthly based on a plan and budget approved by the
164164 25 Supreme Court. No Department may be reimbursed for costs which
165165 26 exceed or are not provided for in the approved annual plan and
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176176 1 budget. After the effective date of this amendatory Act of
177177 2 1985, each county must provide basic services in accordance
178178 3 with the annual plan and standards created by the division. No
179179 4 department may receive funds for new or expanded programs or
180180 5 individualized services and programs unless they are in
181181 6 compliance with standards as enumerated in paragraph (h) of
182182 7 subsection (1) of this Section, the annual plan, and standards
183183 8 for basic services.
184184 9 (4) The Division shall reimburse the county or counties
185185 10 for probation services as follows:
186186 11 (a) 100% of the salary of all chief managing officers
187187 12 designated as such by the Chief Judge and the division.
188188 13 (b) 100% of the salary for all probation officer and
189189 14 supervisor positions approved for reimbursement by the
190190 15 division after April 1, 1984, to meet workload standards,
191191 16 and to implement intensive sanction and probation
192192 17 supervision programs, pretrial services programs,
193193 18 specialty court programs, and other basic services as
194194 19 defined in this Act.
195195 20 (c) 100% of the salary for all secure detention
196196 21 personnel and non-secure group home personnel approved for
197197 22 reimbursement after December 1, 1990. For all such
198198 23 positions approved for reimbursement before December 1,
199199 24 1990, the counties shall be reimbursed $1,250 per month
200200 25 beginning July 1, 1995, and an additional $250 per month
201201 26 beginning each July 1st thereafter until the positions
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212212 1 receive 100% salary reimbursement. Allocation of such
213213 2 positions will be based on comparative need considering
214214 3 capacity, staff/resident ratio, physical plant and
215215 4 program.
216216 5 (d) $1,000 per month for salaries for the remaining
217217 6 probation officer positions engaged in basic services and
218218 7 new or expanded services. All such positions shall be
219219 8 approved by the division in accordance with this Act and
220220 9 division standards. For all positions approved for
221221 10 reimbursement under this paragraph (d), of the total
222222 11 statewide number as of July 1, 2021, beginning on July 1,
223223 12 2024, 20% of that number shall be transferred to paragraph
224224 13 (b), requiring 100% salary reimbursement. Each subsequent
225225 14 July 1, another 20% of the July 1, 2021 population shall be
226226 15 transferred to paragraph (b) until there are no positions
227227 16 left under this paragraph (d).
228228 17 (e) (Blank). 100% of the travel expenses in accordance
229229 18 with Division standards for all Probation positions
230230 19 approved under paragraph (b) of subsection 4 of this
231231 20 Section.
232232 21 (f) If the amount of funds reimbursed to the county
233233 22 under paragraphs (a) through (e) of subsection 4 of this
234234 23 Section on an annual basis is less than the amount the
235235 24 county had received during the 12 month period immediately
236236 25 prior to the effective date of this amendatory Act of
237237 26 1985, then the Division shall reimburse the amount of the
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248248 1 difference to the county. The effect of paragraph (b) of
249249 2 subsection 7 of this Section shall be considered in
250250 3 implementing this supplemental reimbursement provision.
251251 4 (5) The Division shall provide funds beginning on April 1,
252252 5 1987 for the counties to provide Individualized Services and
253253 6 Programs as provided in Section 16 of this Act.
254254 7 (6) A Probation and Court Services Department in order to
255255 8 be eligible for the reimbursement must submit to the Supreme
256256 9 Court an application containing such information and in such a
257257 10 form and by such dates as the Supreme Court may require.
258258 11 Departments to be eligible for funding must satisfy the
259259 12 following conditions:
260260 13 (a) The Department shall have on file with the Supreme
261261 14 Court an annual Probation plan for continuing, improved,
262262 15 and new Probation and Court Services Programs approved by
263263 16 the Supreme Court or its designee. This plan shall
264264 17 indicate the manner in which Probation and Court Services
265265 18 will be delivered and improved, consistent with the
266266 19 minimum standards and regulations for Probation and Court
267267 20 Services, as established by the Supreme Court. In counties
268268 21 with more than one Probation and Court Services Department
269269 22 eligible to receive funds, all Departments within that
270270 23 county must submit plans which are approved by the Supreme
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272272 25 (b) The annual probation plan shall seek to generally
273273 26 improve the quality of probation services and to reduce
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284284 1 the commitment of adult offenders to the Department of
285285 2 Corrections and to reduce the commitment of juvenile
286286 3 offenders to the Department of Juvenile Justice and shall
287287 4 require, when appropriate, coordination with the
288288 5 Department of Corrections, the Department of Juvenile
289289 6 Justice, and the Department of Children and Family
290290 7 Services in the development and use of community
291291 8 resources, information systems, case review and permanency
292292 9 planning systems to avoid the duplication of services.
293293 10 (c) The Department shall be in compliance with
294294 11 standards developed by the Supreme Court for basic, new
295295 12 and expanded services, training, personnel hiring and
296296 13 promotion.
297297 14 (d) The Department shall in its annual plan indicate
298298 15 the manner in which it will support the rights of crime
299299 16 victims and in which manner it will implement Article I,
300300 17 Section 8.1 of the Illinois Constitution and in what
301301 18 manner it will coordinate crime victims' support services
302302 19 with other criminal justice agencies within its
303303 20 jurisdiction, including but not limited to, the State's
304304 21 Attorney, the Sheriff and any municipal police department.
305305 22 (7) No statement shall be verified by the Supreme Court or
306306 23 its designee or vouchered by the Comptroller unless each of
307307 24 the following conditions have been met:
308308 25 (a) The probation officer is a full-time employee
309309 26 appointed by the Chief Judge to provide probation services
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320320 1 or a part-time employee who serves as a detention officer.
321321 2 (b) The probation officer, in order to be eligible for
322322 3 State reimbursement, is receiving a salary of at least
323323 4 $17,000 per year, unless serving as a part-time detention
324324 5 officer.
325325 6 (c) The probation officer is appointed or was
326326 7 reappointed in accordance with minimum qualifications or
327327 8 criteria established by the Supreme Court; however, all
328328 9 probation officers appointed prior to January 1, 1978,
329329 10 shall be exempted from the minimum requirements
330330 11 established by the Supreme Court. Payments shall be made
331331 12 to counties employing these exempted probation officers as
332332 13 long as they are employed in the position held on the
333333 14 effective date of this amendatory Act of 1985. Promotions
334334 15 shall be governed by minimum qualifications established by
335335 16 the Supreme Court.
336336 17 (d) The Department has an established compensation
337337 18 schedule approved by the Supreme Court. The compensation
338338 19 schedule shall include salary ranges with necessary
339339 20 increments to compensate each employee. The increments
340340 21 shall, within the salary ranges, be based on such factors
341341 22 as bona fide occupational qualifications, performance, and
342342 23 length of service. Each position in the Department shall
343343 24 be placed on the compensation schedule according to job
344344 25 duties and responsibilities of such position. The policy
345345 26 and procedures of the compensation schedule shall be made
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356356 1 available to each employee.
357357 2 (8) In order to obtain full reimbursement of all approved
358358 3 costs, each Department must continue to employ at least the
359359 4 same number of probation officers and probation managers as
360360 5 were authorized for employment for the fiscal year which
361361 6 includes January 1, 1985. This number shall be designated as
362362 7 the base amount of the Department. No positions approved by
363363 8 the Division under paragraph (b) of subsection 4 will be
364364 9 included in the base amount. In the event that the Department
365365 10 employs fewer Probation officers and Probation managers than
366366 11 the base amount for a period of 90 days, funding received by
367367 12 the Department under subsection 4 of this Section may be
368368 13 reduced on a monthly basis by the amount of the current
369369 14 salaries of any positions below the base amount.
370370 15 (9) Before the 15th day of each month, the treasurer of any
371371 16 county which has a Probation and Court Services Department, or
372372 17 the treasurer of the most populous county, in the case of a
373373 18 Probation or Court Services Department funded by more than one
374374 19 county, shall submit an itemized statement of all approved
375375 20 costs incurred in the delivery of Basic Probation and Court
376376 21 Services under this Act to the Supreme Court. The treasurer
377377 22 may also submit an itemized statement of all approved costs
378378 23 incurred in the delivery of new and expanded Probation and
379379 24 Court Services as well as Individualized Services and
380380 25 Programs. The Supreme Court or its designee shall verify
381381 26 compliance with this Section and shall examine and audit the
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392392 1 monthly statement and, upon finding them to be correct, shall
393393 2 forward them to the Comptroller for payment to the county
394394 3 treasurer. In the case of payment to a treasurer of a county
395395 4 which is the most populous of counties sharing the salary and
396396 5 expenses of a Probation and Court Services Department, the
397397 6 treasurer shall divide the money between the counties in a
398398 7 manner that reflects each county's share of the cost incurred
399399 8 by the Department.
400400 9 (10) The county treasurer must certify that funds received
401401 10 under this Section shall be used solely to maintain and
402402 11 improve Probation and Court Services. The county or circuit
403403 12 shall remain in compliance with all standards, policies and
404404 13 regulations established by the Supreme Court. If at any time
405405 14 the Supreme Court determines that a county or circuit is not in
406406 15 compliance, the Supreme Court shall immediately notify the
407407 16 Chief Judge, county board chairman and the Director of Court
408408 17 Services Chief Probation Officer. If after 90 days of written
409409 18 notice the noncompliance still exists, the Supreme Court shall
410410 19 be required to reduce the amount of monthly reimbursement by
411411 20 10%. An additional 10% reduction of monthly reimbursement
412412 21 shall occur for each consecutive month of noncompliance.
413413 22 Except as provided in subsection 5 of Section 15, funding to
414414 23 counties shall commence on April 1, 1986. Funds received under
415415 24 this Act shall be used to provide for Probation Department
416416 25 expenses including those required under Section 13 of this
417417 26 Act. The Mandatory Arbitration Fund may be used to provide for
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428428 1 Probation Department expenses, including those required under
429429 2 Section 13 of this Act.
430430 3 (11) The respective counties shall be responsible for
431431 4 capital and space costs, fringe benefits, clerical costs,
432432 5 equipment, telecommunications, postage, commodities and
433433 6 printing.
434434 7 (12) For purposes of this Act only, probation officers
435435 8 shall be considered peace officers. In the exercise of their
436436 9 official duties, probation officers, sheriffs, and police
437437 10 officers may, anywhere within the State, arrest any
438438 11 probationer who is in violation of any of the conditions of his
439439 12 or her probation, conditional discharge, or supervision, and
440440 13 it shall be the duty of the officer making the arrest to take
441441 14 the probationer before the Court having jurisdiction over the
442442 15 probationer for further order.
443443 16 (Source: P.A. 102-699, eff. 4-19-22.)
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