Bill Text: IL SB1302 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the Juvenile Court Act of 1987. Provides that on and after July 1, 2021, 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. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2019-06-21 - Chief Sponsor Changed to Sen. John J. Cullerton [SB1302 Detail]

Download: Illinois-2019-SB1302-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) secure
17secured custody is a matter of immediate and urgent necessity
18for the protection 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 (a-5) For a minor arrested or taken into custody for
7vehicular hijacking or aggravated vehicular hijacking, a
8previous finding of delinquency for vehicular hijacking or
9aggravated vehicular hijacking shall be given greater weight in
10determining whether secured custody of a minor is a matter of
11immediate and urgent necessity for the protection of the minor
12or of the person or property of another.
13 (b) The written authorization of the probation officer or
14detention officer (or other public officer designated by the
15court in a county having 3,000,000 or more inhabitants)
16constitutes authority for the superintendent of any juvenile
17detention home to detain and keep a minor for up to 48 40
18hours, excluding Saturdays, Sundays and court-designated
19holidays. These records shall be available to the same persons
20and pursuant to the same conditions as are law enforcement
21records as provided in Section 5-905.
22 (b-4) The consultation required by paragraph subsection
23(b-5) shall not be applicable if the probation officer or
24detention officer (or other public officer designated by the
25court in a county having 3,000,000 or more inhabitants)
26utilizes a scorable detention screening instrument, which has

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1been developed with input by the State's Attorney, to determine
2whether a minor should be detained, however, paragraph
3subsection (b-5) shall still be applicable where no such
4screening instrument is used or where the probation officer,
5detention officer (or other public officer designated by the
6court in a county having 3,000,000 or more inhabitants)
7deviates from the screening instrument.
8 On and after July 1, 2021, a detention screening instrument
9shall be used for referrals to all authorized juvenile
10detention facilities in this State prior to a judicial hearing.
11The detention screening instrument shall be developed and
12validated by the Probation Division of the Administrative
13Office of the Illinois Courts, as provided in Section 15 of the
14Probation and Probation Officers Act, and subject to approval
15by the Chief Judge of each Circuit.
16 (b-5) Subject to the provisions of paragraph subsection
17(b-4), if a probation officer or detention officer (or other
18public officer designated by the court in a county having
193,000,000 or more inhabitants) does not intend to detain a
20minor for an offense which constitutes one of the following
21offenses he or she shall consult with the State's Attorney's
22Office prior to the release of the minor: first degree murder,
23second degree murder, involuntary manslaughter, criminal
24sexual assault, aggravated criminal sexual assault, aggravated
25battery with a firearm as described in Section 12-4.2 or
26subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section

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112-3.05, aggravated or heinous battery involving permanent
2disability or disfigurement or great bodily harm, robbery,
3aggravated robbery, armed robbery, vehicular hijacking,
4aggravated vehicular hijacking, vehicular invasion, arson,
5aggravated arson, kidnapping, aggravated kidnapping, home
6invasion, burglary, or residential burglary.
7 (c) Except as otherwise provided in paragraph (a), (d), or
8(e), no minor shall be detained in a county jail or municipal
9lockup for more than 12 hours, unless the offense is a crime of
10violence in which case the minor may be detained up to 24
11hours. For the purpose of this paragraph, "crime of violence"
12has the meaning ascribed to it in Section 1-10 of the
13Alcoholism and Other Drug Abuse and Dependency Act.
14 (i) The period of detention is deemed to have begun
15 once the minor has been placed in a locked room or cell or
16 handcuffed to a stationary object in a building housing a
17 county jail or municipal lockup. Time spent transporting a
18 minor is not considered to be time in detention or secure
19 custody.
20 (ii) Any minor so confined shall be under periodic
21 supervision and shall not be permitted to come into or
22 remain in contact with adults in custody in the building.
23 (iii) Upon placement in secure custody in a jail or
24 lockup, the minor shall be informed of the purpose of the
25 detention, the time it is expected to last and the fact
26 that it cannot exceed the time specified under this Act.

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1 (iv) A log shall be kept which shows the offense which
2 is the basis for the detention, the reasons and
3 circumstances for the decision to detain, and the length of
4 time the minor was in detention.
5 (v) Violation of the time limit on detention in a
6 county jail or municipal lockup shall not, in and of
7 itself, render inadmissible evidence obtained as a result
8 of the violation of this time limit. Minors under 18 years
9 of age shall be kept separate from confined adults and may
10 not at any time be kept in the same cell, room, or yard
11 with adults confined pursuant to criminal law. Persons 18
12 years of age and older who have a petition of delinquency
13 filed against them may be confined in an adult detention
14 facility. In making a determination whether to confine a
15 person 18 years of age or older who has a petition of
16 delinquency filed against the person, these factors, among
17 other matters, shall be considered:
18 (A) the The age of the person;
19 (B) any Any previous delinquent or criminal
20 history of the person;
21 (C) any Any previous abuse or neglect history of
22 the person; and
23 (D) any Any mental health or educational history of
24 the person, or both.
25 (d) (i) If a minor 12 years of age or older is confined in a
26county jail in a county with a population below 3,000,000

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1inhabitants, then the minor's confinement shall be implemented
2in such a manner that there will be no contact by sight, sound,
3or otherwise between the minor and adult prisoners. Minors 12
4years of age or older must be kept separate from confined
5adults and may not at any time be kept in the same cell, room,
6or yard with confined adults. This paragraph (d)(i) shall only
7apply to confinement pending an adjudicatory hearing and shall
8not exceed 48 40 hours, excluding Saturdays, Sundays and court
9designated holidays. To accept or hold minors during this time
10period, county jails shall comply with all monitoring standards
11adopted by the Department of Corrections and training standards
12approved by the Illinois Law Enforcement Training Standards
13Board.
14 (ii) To accept or hold minors, 12 years of age or older,
15after the time period prescribed in paragraph (d)(i) of this
16subsection (2) of this Section but not exceeding 7 days
17including Saturdays, Sundays, and holidays pending an
18adjudicatory hearing, county jails shall comply with all
19temporary detention standards adopted by the Department of
20Corrections and training standards approved by the Illinois Law
21Enforcement Training Standards Board.
22 (iii) To accept or hold minors 12 years of age or older,
23after the time period prescribed in paragraphs (d)(i) and
24(d)(ii) of this subsection (2) of this Section, county jails
25shall comply with all county juvenile detention standards
26adopted by the Department of Juvenile Justice.

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1 (e) When a minor who is at least 15 years of age is
2prosecuted under the criminal laws of this State, the court may
3enter an order directing that the juvenile be confined in the
4county jail. However, any juvenile confined in the county jail
5under this provision shall be separated from adults who are
6confined in the county jail in such a manner that there will be
7no contact by sight, sound or otherwise between the juvenile
8and adult prisoners.
9 (f) For purposes of appearing in a physical lineup, the
10minor may be taken to a county jail or municipal lockup under
11the direct and constant supervision of a juvenile police
12officer. During such time as is necessary to conduct a lineup,
13and while supervised by a juvenile police officer, the sight
14and sound separation provisions shall not apply.
15 (g) For purposes of processing a minor, the minor may be
16taken to a county jail County Jail or municipal lockup under
17the direct and constant supervision of a law enforcement
18officer or correctional officer. During such time as is
19necessary to process the minor, and while supervised by a law
20enforcement officer or correctional officer, the sight and
21sound separation provisions shall not apply.
22 (3) If the probation officer or State's Attorney (or such
23other public officer designated by the court in a county having
243,000,000 or more inhabitants) determines that the minor may be
25a delinquent minor as described in subsection (3) of Section
265-105, and should be retained in custody but does not require

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1physical restriction, the minor may be placed in non-secure
2custody for up to 40 hours pending a detention hearing.
3 (4) Any minor taken into temporary custody, not requiring
4secure detention, may, however, be detained in the home of his
5or her parent or guardian subject to such conditions as the
6court may impose.
7 (5) The changes made to this Section by Public Act 98-61
8apply to a minor who has been arrested or taken into custody on
9or after January 1, 2014 (the effective date of Public Act
1098-61).
11(Source: P.A. 99-254, eff. 1-1-16; 100-745, eff. 8-10-18;
12revised 10-3-18.)
13 (705 ILCS 405/5-415)
14 Sec. 5-415. Setting of detention or shelter care hearing;
15release.
16 (1) Unless sooner released, a minor alleged to be a
17delinquent minor taken into temporary custody must be brought
18before a judicial officer within 48 40 hours for a detention or
19shelter care hearing to determine whether he or she shall be
20further held in custody. If a minor alleged to be a delinquent
21minor taken into custody is hospitalized or is receiving
22treatment for a physical or mental condition, and is unable to
23be brought before a judicial officer for a detention or shelter
24care hearing, the 48 40 hour period will not commence until the
25minor is released from the hospital or place of treatment. If

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1the minor gives false information to law enforcement officials
2regarding the minor's identity or age, the 48 40 hour period
3will not commence until the court rules that the minor is
4subject to this Act and not subject to prosecution under the
5Criminal Code of 1961 or the Criminal Code of 2012. Any other
6delay attributable to a minor alleged to be a delinquent minor
7who is taken into temporary custody shall act to toll the 48 40
8hour time period. The 48 40 hour time period shall be tolled to
9allow counsel for the minor to prepare for the detention or
10shelter care hearing, upon a motion filed by such counsel and
11granted by the court. In all cases, the 48 40 hour time period
12includes any Saturday, Sunday, or court-designated holiday
13within the period is exclusive of Saturdays, Sundays and
14court-designated holidays.
15 (2) If the State's Attorney or probation officer (or other
16public officer designated by the court in a county having more
17than 3,000,000 inhabitants) determines that the minor should be
18retained in custody, he or she shall cause a petition to be
19filed as provided in Section 5-520 of this Article, and the
20clerk of the court shall set the matter for hearing on the
21detention or shelter care hearing calendar. Immediately upon
22the filing of a petition in the case of a minor retained in
23custody, the court shall cause counsel to be appointed to
24represent the minor. When a parent, legal guardian, custodian,
25or responsible relative is present and so requests, the
26detention or shelter care hearing shall be held immediately if

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1the court is in session and the State is ready to proceed,
2otherwise at the earliest feasible time. In no event shall a
3detention or shelter care hearing be held until the minor has
4had adequate opportunity to consult with counsel. The probation
5officer or such other public officer designated by the court in
6a county having more than 3,000,000 inhabitants shall notify
7the minor's parent, legal guardian, custodian, or responsible
8relative of the time and place of the hearing. The notice may
9be given orally.
10 (3) The minor must be released from custody at the
11expiration of the 48 40 hour period specified by this Section
12if not brought before a judicial officer within that period.
13 (4) After the initial 48 40 hour period has lapsed, the
14court may review the minor's custodial status at any time prior
15to the trial or sentencing hearing. If during this time period
16new or additional information becomes available concerning the
17minor's conduct, the court may conduct a hearing to determine
18whether the minor should be placed in a detention or shelter
19care facility. If the court finds that there is probable cause
20that the minor is a delinquent minor and that it is a matter of
21immediate and urgent necessity for the protection of the minor
22or of the person or property of another, or that he or she is
23likely to flee the jurisdiction of the court, the court may
24order that the minor be placed in detention or shelter care.
25(Source: P.A. 97-1150, eff. 1-25-13.)

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1 (705 ILCS 405/5-420 new)
2 Sec. 5-420. Minor's appearance by closed circuit
3television and video conference.
4 (a) If an appearance under this Act is required of any
5minor taken and held in a place of custody or confinement
6operated by the State or any of its political subdivisions,
7including counties and municipalities, the chief judge of the
8circuit may permit by rule for the minor's personal appearance
9to be made by means of two-way audio-visual communication,
10including closed circuit television and computerized video
11conference, in the following proceedings:
12 (1) the initial appearance before a judge;
13 (2) a detention or shelter care hearing; or
14 (3) any status hearing.
15 (b) The two-way audio-visual communication facilities must
16provide two-way audio-visual communication between the court
17and the place of custody or confinement and must include a
18secure line over which the minor in custody and his or her
19counsel may communicate.
20 (c) Nothing in this Section shall be construed to prohibit
21other court appearances through the use of two-way audio-visual
22communication, upon waiver of any right the minor in custody or
23confinement may have to be present physically.
24 (d) Nothing in this Section shall be construed to establish
25a right of any minor held in custody or confinement to appear
26in court through two-way audio-visual communication or to

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1require that any governmental entity, or place of custody or
2confinement, provide two-way audio-visual communication.
3 Section 10. The Probation and Probation Officers Act is
4amended by changing Section 15 as follows:
5 (730 ILCS 110/15) (from Ch. 38, par. 204-7)
6 Sec. 15. (1) The Supreme Court of Illinois may establish a
7Division of Probation Services whose purpose shall be the
8development, establishment, promulgation, and enforcement of
9uniform standards for probation services in this State, and to
10otherwise carry out the intent of this Act. The Division may:
11 (a) establish qualifications for chief probation
12 officers and other probation and court services personnel
13 as to hiring, promotion, and training.
14 (b) make available, on a timely basis, lists of those
15 applicants whose qualifications meet the regulations
16 referred to herein, including on said lists all candidates
17 found qualified.
18 (c) establish a means of verifying the conditions for
19 reimbursement under this Act and develop criteria for
20 approved costs for reimbursement.
21 (d) develop standards and approve employee
22 compensation schedules for probation and court services
23 departments.
24 (e) employ sufficient personnel in the Division to

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1 carry out the functions of the Division.
2 (f) establish a system of training and establish
3 standards for personnel orientation and training.
4 (g) develop standards for a system of record keeping
5 for cases and programs, gather statistics, establish a
6 system of uniform forms, and develop research for planning
7 of Probation Services.
8 (h) develop standards to assure adequate support
9 personnel, office space, equipment and supplies, travel
10 expenses, and other essential items necessary for
11 Probation and Court Services Departments to carry out their
12 duties.
13 (i) review and approve annual plans submitted by
14 Probation and Court Services Departments.
15 (j) monitor and evaluate all programs operated by
16 Probation and Court Services Departments, and may include
17 in the program evaluation criteria such factors as the
18 percentage of Probation sentences for felons convicted of
19 Probationable offenses.
20 (k) seek the cooperation of local and State government
21 and private agencies to improve the quality of probation
22 and court services.
23 (l) where appropriate, establish programs and
24 corresponding standards designed to generally improve the
25 quality of probation and court services and reduce the rate
26 of adult or juvenile offenders committed to the Department

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1 of Corrections.
2 (m) establish such other standards and regulations and
3 do all acts necessary to carry out the intent and purposes
4 of this Act.
5 The Division shall adopt a statewide juvenile detention
6screening instrument that has been verified through
7evidence-based and data-based practices that is to be used by
8all authorized juvenile detention facilities. The scoring for
9this screening tool may include, but is not limited to, the
10following determinations or factors:
11 (i) the likelihood that the juvenile will appear in
12 court;
13 (ii) the severity of the charge against the juvenile;
14 (iii) whether the current incident involved violence
15 or a weapon, or the threat of or use of a weapon;
16 (iv) the number of prior interactions the juvenile has
17 with the juvenile justice system;
18 (v) whether prior incidents of the juvenile involved
19 violence or a weapon, or the threat of or use of a weapon;
20 (vi) whether there is a safe environment to return the
21 juvenile to; and
22 (vii) whether the family members of the juvenile would
23 feel safe if the juvenile returns to his or her home
24 environment.
25 This screening tool and its use shall be race and gender
26neutral and shall include protections from all forms of bias.

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1The Division may recommend and adopt updates to the screening
2tool and its usage on a regular basis.
3 The Division shall develop standards to implement the
4Domestic Violence Surveillance Program established under
5Section 5-8A-7 of the Unified Code of Corrections, including
6(i) procurement of equipment and other services necessary to
7implement the program and (ii) development of uniform standards
8for the delivery of the program through county probation
9departments, and develop standards for collecting data to
10evaluate the impact and costs of the Domestic Violence
11Surveillance Program.
12 The Division shall establish a model list of structured
13intermediate sanctions that may be imposed by a probation
14agency for violations of terms and conditions of a sentence of
15probation, conditional discharge, or supervision.
16 The Division shall establish training standards for
17continuing education of probation officers and supervisors and
18broaden access to available training programs.
19 The State of Illinois shall provide for the costs of
20personnel, travel, equipment, telecommunications, postage,
21commodities, printing, space, contractual services and other
22related costs necessary to carry out the intent of this Act.
23 (2)(a) The chief judge of each circuit shall provide
24full-time probation services for all counties within the
25circuit, in a manner consistent with the annual probation plan,
26the standards, policies, and regulations established by the

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1Supreme Court. A probation district of two or more counties
2within a circuit may be created for the purposes of providing
3full-time probation services. Every county or group of counties
4within a circuit shall maintain a probation department which
5shall be under the authority of the Chief Judge of the circuit
6or some other judge designated by the Chief Judge. The Chief
7Judge, through the Probation and Court Services Department
8shall submit annual plans to the Division for probation and
9related services.
10 (b) The Chief Judge of each circuit shall appoint the Chief
11Probation Officer and all other probation officers for his or
12her circuit from lists of qualified applicants supplied by the
13Supreme Court. Candidates for chief managing officer and other
14probation officer positions must apply with both the Chief
15Judge of the circuit and the Supreme Court.
16 (3) A Probation and Court Service Department shall apply to
17the Supreme Court for funds for basic services, and may apply
18for funds for new and expanded programs or Individualized
19Services and Programs. Costs shall be reimbursed monthly based
20on a plan and budget approved by the Supreme Court. No
21Department may be reimbursed for costs which exceed or are not
22provided for in the approved annual plan and budget. After the
23effective date of this amendatory Act of 1985, each county must
24provide basic services in accordance with the annual plan and
25standards created by the division. No department may receive
26funds for new or expanded programs or individualized services

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1and programs unless they are in compliance with standards as
2enumerated in paragraph (h) of subsection (1) of this Section,
3the annual plan, and standards for basic services.
4 (4) The Division shall reimburse the county or counties for
5probation services as follows:
6 (a) 100% of the salary of all chief managing officers
7 designated as such by the Chief Judge and the division.
8 (b) 100% of the salary for all probation officer and
9 supervisor positions approved for reimbursement by the
10 division after April 1, 1984, to meet workload standards
11 and to implement intensive sanction and probation
12 supervision programs and other basic services as defined in
13 this Act.
14 (c) 100% of the salary for all secure detention
15 personnel and non-secure group home personnel approved for
16 reimbursement after December 1, 1990. For all such
17 positions approved for reimbursement before December 1,
18 1990, the counties shall be reimbursed $1,250 per month
19 beginning July 1, 1995, and an additional $250 per month
20 beginning each July 1st thereafter until the positions
21 receive 100% salary reimbursement. Allocation of such
22 positions will be based on comparative need considering
23 capacity, staff/resident ratio, physical plant and
24 program.
25 (d) $1,000 per month for salaries for the remaining
26 probation officer positions engaged in basic services and

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1 new or expanded services. All such positions shall be
2 approved by the division in accordance with this Act and
3 division standards.
4 (e) 100% of the travel expenses in accordance with
5 Division standards for all Probation positions approved
6 under paragraph (b) of subsection 4 of this Section.
7 (f) If the amount of funds reimbursed to the county
8 under paragraphs (a) through (e) of subsection 4 of this
9 Section on an annual basis is less than the amount the
10 county had received during the 12 month period immediately
11 prior to the effective date of this amendatory Act of 1985,
12 then the Division shall reimburse the amount of the
13 difference to the county. The effect of paragraph (b) of
14 subsection 7 of this Section shall be considered in
15 implementing this supplemental reimbursement provision.
16 (5) The Division shall provide funds beginning on April 1,
171987 for the counties to provide Individualized Services and
18Programs as provided in Section 16 of this Act.
19 (6) A Probation and Court Services Department in order to
20be eligible for the reimbursement must submit to the Supreme
21Court an application containing such information and in such a
22form and by such dates as the Supreme Court may require.
23Departments to be eligible for funding must satisfy the
24following conditions:
25 (a) The Department shall have on file with the Supreme
26 Court an annual Probation plan for continuing, improved,

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1 and new Probation and Court Services Programs approved by
2 the Supreme Court or its designee. This plan shall indicate
3 the manner in which Probation and Court Services will be
4 delivered and improved, consistent with the minimum
5 standards and regulations for Probation and Court
6 Services, as established by the Supreme Court. In counties
7 with more than one Probation and Court Services Department
8 eligible to receive funds, all Departments within that
9 county must submit plans which are approved by the Supreme
10 Court.
11 (b) The annual probation plan shall seek to generally
12 improve the quality of probation services and to reduce the
13 commitment of adult offenders to the Department of
14 Corrections and to reduce the commitment of juvenile
15 offenders to the Department of Juvenile Justice and shall
16 require, when appropriate, coordination with the
17 Department of Corrections, the Department of Juvenile
18 Justice, and the Department of Children and Family Services
19 in the development and use of community resources,
20 information systems, case review and permanency planning
21 systems to avoid the duplication of services.
22 (c) The Department shall be in compliance with
23 standards developed by the Supreme Court for basic, new and
24 expanded services, training, personnel hiring and
25 promotion.
26 (d) The Department shall in its annual plan indicate

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1 the manner in which it will support the rights of crime
2 victims and in which manner it will implement Article I,
3 Section 8.1 of the Illinois Constitution and in what manner
4 it will coordinate crime victims' support services with
5 other criminal justice agencies within its jurisdiction,
6 including but not limited to, the State's Attorney, the
7 Sheriff and any municipal police department.
8 (7) No statement shall be verified by the Supreme Court or
9its designee or vouchered by the Comptroller unless each of the
10following conditions have been met:
11 (a) The probation officer is a full-time employee
12 appointed by the Chief Judge to provide probation services.
13 (b) The probation officer, in order to be eligible for
14 State reimbursement, is receiving a salary of at least
15 $17,000 per year.
16 (c) The probation officer is appointed or was
17 reappointed in accordance with minimum qualifications or
18 criteria established by the Supreme Court; however, all
19 probation officers appointed prior to January 1, 1978,
20 shall be exempted from the minimum requirements
21 established by the Supreme Court. Payments shall be made to
22 counties employing these exempted probation officers as
23 long as they are employed in the position held on the
24 effective date of this amendatory Act of 1985. Promotions
25 shall be governed by minimum qualifications established by
26 the Supreme Court.

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1 (d) The Department has an established compensation
2 schedule approved by the Supreme Court. The compensation
3 schedule shall include salary ranges with necessary
4 increments to compensate each employee. The increments
5 shall, within the salary ranges, be based on such factors
6 as bona fide occupational qualifications, performance, and
7 length of service. Each position in the Department shall be
8 placed on the compensation schedule according to job duties
9 and responsibilities of such position. The policy and
10 procedures of the compensation schedule shall be made
11 available to each employee.
12 (8) In order to obtain full reimbursement of all approved
13costs, each Department must continue to employ at least the
14same number of probation officers and probation managers as
15were authorized for employment for the fiscal year which
16includes January 1, 1985. This number shall be designated as
17the base amount of the Department. No positions approved by the
18Division under paragraph (b) of subsection 4 will be included
19in the base amount. In the event that the Department employs
20fewer Probation officers and Probation managers than the base
21amount for a period of 90 days, funding received by the
22Department under subsection 4 of this Section may be reduced on
23a monthly basis by the amount of the current salaries of any
24positions below the base amount.
25 (9) Before the 15th day of each month, the treasurer of any
26county which has a Probation and Court Services Department, or

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1the treasurer of the most populous county, in the case of a
2Probation or Court Services Department funded by more than one
3county, shall submit an itemized statement of all approved
4costs incurred in the delivery of Basic Probation and Court
5Services under this Act to the Supreme Court. The treasurer may
6also submit an itemized statement of all approved costs
7incurred in the delivery of new and expanded Probation and
8Court Services as well as Individualized Services and Programs.
9The Supreme Court or its designee shall verify compliance with
10this Section and shall examine and audit the monthly statement
11and, upon finding them to be correct, shall forward them to the
12Comptroller for payment to the county treasurer. In the case of
13payment to a treasurer of a county which is the most populous
14of counties sharing the salary and expenses of a Probation and
15Court Services Department, the treasurer shall divide the money
16between the counties in a manner that reflects each county's
17share of the cost incurred by the Department.
18 (10) The county treasurer must certify that funds received
19under this Section shall be used solely to maintain and improve
20Probation and Court Services. The county or circuit shall
21remain in compliance with all standards, policies and
22regulations established by the Supreme Court. If at any time
23the Supreme Court determines that a county or circuit is not in
24compliance, the Supreme Court shall immediately notify the
25Chief Judge, county board chairman and the Director of Court
26Services Chief Probation Officer. If after 90 days of written

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1notice the noncompliance still exists, the Supreme Court shall
2be required to reduce the amount of monthly reimbursement by
310%. An additional 10% reduction of monthly reimbursement shall
4occur for each consecutive month of noncompliance. Except as
5provided in subsection 5 of Section 15, funding to counties
6shall commence on April 1, 1986. Funds received under this Act
7shall be used to provide for Probation Department expenses
8including those required under Section 13 of this Act. The
9Mandatory Arbitration Fund may be used to provide for Probation
10Department expenses, including those required under Section 13
11of this Act.
12 (11) The respective counties shall be responsible for
13capital and space costs, fringe benefits, clerical costs,
14equipment, telecommunications, postage, commodities and
15printing.
16 (12) For purposes of this Act only, probation officers
17shall be considered peace officers. In the exercise of their
18official duties, probation officers, sheriffs, and police
19officers may, anywhere within the State, arrest any probationer
20who is in violation of any of the conditions of his or her
21probation, conditional discharge, or supervision, and it shall
22be the duty of the officer making the arrest to take the
23probationer before the Court having jurisdiction over the
24probationer for further order.
25(Source: P.A. 100-91, eff. 8-11-17.)
26 Section 99. Effective date. This Act takes effect upon

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