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

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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-Engrossed.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, Prisoner Review
Board, and other correctional entities referenced in the
policies shall annually publish a report on their use of
evidence-based practices to set conditions of local
supervision and mandatory supervised release including:
(A) the factors that contribute to decisions on
what conditions should be imposed, and the method by
which those factors are calculated and weighted in the
overall decision of what conditions shall be imposed;
and
(B) the text and content of any evidence-based
assessments, questionnaires, or other methods used to
set conditions of release.
(c) Evidence-based in-prison programming.

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(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
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).

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(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
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

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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
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, the Prisoner Review
Board, and other correctional entities referenced in the
policies, rules, and regulations of this Act shall release a
report annually published on the Department of Corrections
website that reports the following information pertaining to
electronic monitoring, GPS monitoring, and programs imposed on

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individuals on parole and mandatory supervised release,
including:
(1) the racial and ethnic breakdown of individuals on
electronic monitoring and GPS monitoring programs;
(2) the committing charges of individuals subject to
electronic monitoring and GPS monitoring, including class
of offense and length of served sentence;
(3) the number of individuals subject to electronic
monitoring, GPS monitoring, or both, in the following
categories:
(A) the number of individuals subject to
electronic monitoring as a condition of their release
under Section 5-8A-6 of the Unified Code of
Corrections;
(B) the number of individuals subject to
electronic monitoring, GPS monitoring, or both, under
Section 5-8A-7 of the Unified Code of Corrections;
(C) the number of individuals subject to
electronic monitoring, GPS monitoring, or both, under
a decision of the Prisoner Review Board at the time of
their release; and
(D) the number of individuals subject to
electronic monitoring as a sanction for violations of
parole or mandatory supervised release;
(4) the distribution of the length of time individuals
were subject to electronic monitoring, GPS monitoring, or

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both, in the following breakdown:
(A) less than 30 days;
(B) 30 to 90 days;
(C) 90 to 180 days;
(D) 180 to 365 days; or
(E) greater than 365 days;
(5) the number and category, and ultimate resolution
of, disciplinary reports filed against individuals for
violating the rules of the electronic monitoring or GPS
monitoring program including, but not limited to:
(A) late return to residence after authorized
movement;
(B) unauthorized leaving of the residence;
(C) presence of the individual in a prohibited
area;
(D) failure to charge the battery or otherwise
maintain the device; and
(E) strap tamper or destruction of the device;
(6) the number of individuals returned to prison due to
technical violations of electronic monitoring or GPS
monitoring programs;
(7) the county of the residence address for individuals
subject to electronic monitoring, GPS monitoring, or both,
as a condition of their release;
(8) for counties with a population over 3,000,000, the
zip codes of the residence addresses for individuals

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subject to electronic monitoring, GPS monitoring, or both,
as a condition of their release; and
(9) the number of individuals on mandatory supervised
release charged with a new felony separated by:
(A) the number of individuals charged with a new
felony that allegedly occurred while the person was on
electronic monitoring, GPS Monitoring, or both;
(B) the number of individuals charged with a new
felony during mandatory supervised release who were
never subject to electronic monitoring or GPS
monitoring during their term of release; and
(C) the number of individuals charged with a new
felony during mandatory supervised release that were
subject to electronic or GPS monitoring for any period
of time during their term of their release.
(Source: P.A. 96-761, eff. 1-1-10.)