Bill Text: IL HB0386 | 2019-2020 | 101st General Assembly | Enrolled

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Bill Title: Amends the Illinois Crime Reduction Act of 2009. Provides that the Department of Corrections and the Prisoner Review Board shall annually publish an exemplar copy of any evidence-based assessments, questionnaires, or other instruments used to set conditions of release. Provides that the Department of Corrections and the Prisoner Review Board shall release a report annually published on their websites that reports the following information about the usage of electronic monitoring and GPS monitoring as a condition of parole and mandatory supervised release during the prior calendar year. Provides report requirements.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0231 [HB0386 Detail]

Download: Illinois-2019-HB0386-Enrolled.html

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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 Illinois Crime Reduction Act of 2009 is
amended by changing Section 10 as follows:
(730 ILCS 190/10)
Sec. 10. Evidence-Based Programming.
(a) Purpose. Research and practice have identified new
strategies and policies that can result in a significant
reduction in recidivism rates and the successful local
reintegration of offenders. The purpose of this Section is to
ensure that State and local agencies direct their resources to
services and programming that have been demonstrated to be
effective in reducing recidivism and reintegrating offenders
into the locality.
(b) Evidence-based programming in local supervision.
(1) The Parole Division of the Department of
Corrections and the Prisoner Review Board shall adopt
policies, rules, and regulations that, within the first
year of the adoption, validation, and utilization of the
statewide, standardized risk assessment tool described in
this Act, result in at least 25% of supervised individuals
being supervised in accordance with evidence-based

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practices; within 3 years of the adoption, validation, and
utilization of the statewide, standardized risk assessment
tool result in at least 50% of supervised individuals being
supervised in accordance with evidence-based practices;
and within 5 years of the adoption, validation, and
utilization of the statewide, standardized risk assessment
tool result in at least 75% of supervised individuals being
supervised in accordance with evidence-based practices.
The policies, rules, and regulations shall:
(A) Provide for a standardized individual case
plan that follows the offender through the criminal
justice system (including in-prison if the supervised
individual is in prison) that is:
(i) Based on the assets of the individual as
well as his or her risks and needs identified
through the assessment tool as described in this
Act.
(ii) Comprised of treatment and supervision
services appropriate to achieve the purpose of
this Act.
(iii) Consistently updated, based on program
participation by the supervised individual and
other behavior modification exhibited by the
supervised individual.
(B) Concentrate resources and services on
high-risk offenders.

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(C) Provide for the use of evidence-based
programming related to education, job training,
cognitive behavioral therapy, and other programming
designed to reduce criminal behavior.
(D) Establish a system of graduated responses.
(i) The system shall set forth a menu of
presumptive responses for the most common types of
supervision violations.
(ii) The system shall be guided by the model
list of intermediate sanctions created by the
Probation Services Division of the State of
Illinois pursuant to subsection (1) of Section 15
of the Probation and Probation Officers Act and the
system of intermediate sanctions created by the
Chief Judge of each circuit court pursuant to
Section 5-6-1 of the Unified Code of Corrections.
(iii) The system of responses shall take into
account factors such as the severity of the current
violation; the supervised individual's risk level
as determined by a validated assessment tool
described in this Act; the supervised individual's
assets; his or her previous criminal record; and
the number and severity of any previous
supervision violations.
(iv) The system shall also define positive
reinforcements that supervised individuals may

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receive for compliance with conditions of
supervision.
(v) Response to violations should be swift and
certain and should be imposed as soon as
practicable but no longer than 3 working days of
detection of the violation behavior.
(2) Conditions of local supervision (probation and
mandatory supervised release). Conditions of local
supervision whether imposed by a sentencing judge or the
Prisoner Review Board shall be imposed in accordance with
the offender's risks, assets, and needs as identified
through the assessment tool described in this Act.
(3) The Department of Corrections and the Prisoner
Review Board shall annually publish an exemplar copy of any
evidence-based assessments, questionnaires, or other
instruments used to set conditions of release.
(c) Evidence-based in-prison programming.
(1) The Department of Corrections shall adopt
policies, rules, and regulations that, within the first
year of the adoption, validation, and utilization of the
statewide, standardized risk assessment tool described in
this Act, result in at least 25% of incarcerated
individuals receiving services and programming in
accordance with evidence-based practices; within 3 years
of the adoption, validation, and utilization of the
statewide, standardized risk assessment tool result in at

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least 50% of incarcerated individuals receiving services
and programming in accordance with evidence-based
practices; and within 5 years of the adoption, validation,
and utilization of the statewide, standardized risk
assessment tool result in at least 75% of incarcerated
individuals receiving services and programming in
accordance with evidence-based practices. The policies,
rules, and regulations shall:
(A) Provide for the use and development of a case
plan based on the risks, assets, and needs identified
through the assessment tool as described in this Act.
The case plan should be used to determine in-prison
programming; should be continuously updated based on
program participation by the prisoner and other
behavior modification exhibited by the prisoner; and
should be used when creating the case plan described in
subsection (b).
(B) Provide for the use of evidence-based
programming related to education, job training,
cognitive behavioral therapy and other evidence-based
programming.
(C) Establish education programs based on a
teacher to student ratio of no more than 1:30.
(D) Expand the use of drug prisons, modeled after
the Sheridan Correctional Center, to provide
sufficient drug treatment and other support services

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to non-violent inmates with a history of substance
abuse.
(2) Participation and completion of programming by
prisoners can impact earned time credit as determined under
Section 3-6-3 of the Unified Code of Corrections.
(3) The Department of Corrections shall provide its
employees with intensive and ongoing training and
professional development services to support the
implementation of evidence-based practices. The training
and professional development services shall include
assessment techniques, case planning, cognitive behavioral
training, risk reduction and intervention strategies,
effective communication skills, substance abuse treatment
education and other topics identified by the Department or
its employees.
(d) The Parole Division of the Department of Corrections
and the Prisoner Review Board shall provide their employees
with intensive and ongoing training and professional
development services to support the implementation of
evidence-based practices. The training and professional
development services shall include assessment techniques, case
planning, cognitive behavioral training, risk reduction and
intervention strategies, effective communication skills,
substance abuse treatment education, and other topics
identified by the agencies or their employees.
(e) The Department of Corrections, the Prisoner Review

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Board, and other correctional entities referenced in the
policies, rules, and regulations of this Act shall design,
implement, and make public a system to evaluate the
effectiveness of evidence-based practices in increasing public
safety and in successful reintegration of those under
supervision into the locality. Annually, each agency shall
submit to the Sentencing Policy Advisory Council a
comprehensive report on the success of implementing
evidence-based practices. The data compiled and analyzed by the
Council shall be delivered annually to the Governor and the
General Assembly.
(f) The Department of Corrections and the Prisoner Review
Board shall release a report annually published on their
websites that reports the following information about the usage
of electronic monitoring and GPS monitoring as a condition of
parole and mandatory supervised release during the prior
calendar year:
(1) demographic data of individuals on electronic
monitoring and GPS monitoring, separated by the following
categories:
(A) race or ethnicity;
(B) gender; and
(C) age;
(2) incarceration data of individuals subject to
conditions of electronic or GPS monitoring, separated by
the following categories:

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(A) highest class of offense for which the
individuals is currently serving a term of release; and
(B) length of imprisonment served prior to the
current release period;
(3) the number of individuals subject to conditions of
electronic or GPS monitoring, separated by the following
categories:
(A) the number of individuals subject to
monitoring under Section 5-8A-6 of the Unified Code of
Corrections;
(B) the number of individuals subject monitoring
under Section 5-8A-7 of the Unified Code of
Corrections;
(C) the number of individuals subject to
monitoring under a discretionary order of the Prisoner
Review Board at the time of their release; and
(D) the number of individuals subject to
monitoring as a sanction for violations of parole or
mandatory supervised release, separated by the
following categories:
(i) the number of individuals subject to
monitoring as part of a graduated sanctions
program; and
(ii) the number of individuals subject to
monitoring as a new condition of re-release after a
revocation hearing before the Prisoner Review

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Board;
(4) the number of discretionary monitoring orders
issued by the Prisoner Review Board, separated by the
following categories:
(A) less than 30 days;
(B) 31 to 60 days;
(C) 61 to 90 days;
(D) 91 to 120 days;
(E) 121 to 150 days;
(F) 151 to 180 days;
(G) 181 to 364 days;
(H) 365 days or more; and
(I) duration of release term;
(5) the number of discretionary monitoring orders by
the Board which removed or terminated monitoring prior to
the completion of the original period ordered;
(6) the number and severity category for sanctions
imposed on individuals on electronic or GPS monitoring,
separated by the following categories:
(A) absconding from electronic monitoring or GPS;
(B) tampering or removing the electronic
monitoring or GPS device;
(C) unauthorized leaving of the residence;
(D) presence of the individual in a prohibited
area; or
(E) other violations of the terms of the electronic

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monitoring program;
(7) the number of individuals for whom a parole
revocation case was filed for failure to comply with the
terms of electronic or GPS monitoring, separated by the
following categories:
(A) cases when failure to comply with the terms of
monitoring was the sole violation alleged; and
(B) cases when failure to comply with the terms of
monitoring was alleged in conjunction with other
alleged violations;
(8) residential data for individuals subject to
electronic or GPS monitoring, separated by the following
categories:
(A) the county of the residence address for
individuals subject to electronic or GPS monitoring as
a condition of their release; and
(B) for counties with a population over 3,000,000,
the zip codes of the residence address for individuals
subject to electronic or GPS monitoring as a condition
of their release;
(9) the number of individuals for whom parole
revocation cases were filed due to violations of paragraph
(1) of subsection (a) of Section 3-3-7 of the Unified Code
of Corrections, separated by the following categories:
(A) the number of individuals whose violation of
paragraph (1) of subsection (a) of Section 3-3-7 of the

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Unified Code of Corrections allegedly occurred while
the individual was subject to conditions of electronic
or GPS monitoring;
(B) the number of individuals who had violations of
paragraph (1) of subsection (a) of Section 3-3-7 of the
Unified Code of Corrections alleged against them who
were never subject to electronic or GPS monitoring
during their current term of release; and
(C) the number of individuals who had violations of
paragraph (1) of subsection (a) of Section 3-3-7 of the
Unified Code of Corrections alleged against them who
were subject to electronic or GPS monitoring for any
period of time during their current term of their
release, but who were not subject to such monitoring at
the time of the alleged violation of paragraph (1) of
subsection (a) of Section 3-3-7 of the Unified Code of
Corrections.
(Source: P.A. 96-761, eff. 1-1-10.)