Bill Text: IL SB1498 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Probation and Probation Officers Act. Provides that funds available from the Probation and Court Services Fund may be used for vehicles used to support evidence-based probation practices and computers and computer equipment and supplies necessary to carry out evidence-based probation practices and data collection and storage.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-04 - Referred to Assignments [SB1498 Detail]
Download: Illinois-2025-SB1498-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Probation and Probation Officers Act is | |||||||||||||||||||
5 | amended by changing Section 15 as follows:
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6 | (730 ILCS 110/15) (from Ch. 38, par. 204-7) | |||||||||||||||||||
7 | Sec. 15. (1) The Supreme Court of Illinois may establish a | |||||||||||||||||||
8 | Division of Probation Services whose purpose shall be the | |||||||||||||||||||
9 | development, establishment, promulgation, and enforcement of | |||||||||||||||||||
10 | uniform standards for probation services in this State, and to | |||||||||||||||||||
11 | otherwise carry out the intent of this Act. The Division may: | |||||||||||||||||||
12 | (a) establish qualifications for chief probation | |||||||||||||||||||
13 | officers and other probation and court services personnel | |||||||||||||||||||
14 | as to hiring, promotion, and training. | |||||||||||||||||||
15 | (b) make available, on a timely basis, lists of those | |||||||||||||||||||
16 | applicants whose qualifications meet the regulations | |||||||||||||||||||
17 | referred to herein, including on said lists all candidates | |||||||||||||||||||
18 | found qualified. | |||||||||||||||||||
19 | (c) establish a means of verifying the conditions for | |||||||||||||||||||
20 | reimbursement under this Act and develop criteria for | |||||||||||||||||||
21 | approved costs for reimbursement. | |||||||||||||||||||
22 | (d) develop standards and approve employee | |||||||||||||||||||
23 | compensation schedules for probation and court services |
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1 | departments. | ||||||
2 | (e) employ sufficient personnel in the Division to | ||||||
3 | carry out the functions of the Division. | ||||||
4 | (f) establish a system of training and establish | ||||||
5 | standards for personnel orientation and training. | ||||||
6 | (g) develop standards for a system of record keeping | ||||||
7 | for cases and programs, gather statistics, establish a | ||||||
8 | system of uniform forms, and develop research for planning | ||||||
9 | of Probation Services. | ||||||
10 | (h) develop standards to assure adequate support | ||||||
11 | personnel, office space, equipment and supplies, travel | ||||||
12 | expenses, and other essential items necessary for | ||||||
13 | Probation and Court Services Departments to carry out | ||||||
14 | their duties. | ||||||
15 | (i) review and approve annual plans submitted by | ||||||
16 | Probation and Court Services Departments. | ||||||
17 | (j) monitor and evaluate all programs operated by | ||||||
18 | Probation and Court Services Departments, and may include | ||||||
19 | in the program evaluation criteria such factors as the | ||||||
20 | percentage of probation sentences for felons convicted of | ||||||
21 | probationable offenses. | ||||||
22 | (k) seek the cooperation of local and State government | ||||||
23 | and private agencies to improve the quality of probation | ||||||
24 | and court services. | ||||||
25 | (l) where appropriate, establish programs and | ||||||
26 | corresponding standards designed to generally improve the |
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1 | quality of probation and court services and reduce the | ||||||
2 | rate of adult or juvenile offenders committed to the | ||||||
3 | Department of Corrections. | ||||||
4 | (m) establish such other standards and regulations and | ||||||
5 | do all acts necessary to carry out the intent and purposes | ||||||
6 | of this Act. | ||||||
7 | The Division shall develop standards to implement the | ||||||
8 | Domestic Violence Surveillance Program established under | ||||||
9 | Section 5-8A-7 of the Unified Code of Corrections, including | ||||||
10 | (i) procurement of equipment and other services necessary to | ||||||
11 | implement the program and (ii) development of uniform | ||||||
12 | standards for the delivery of the program through county | ||||||
13 | probation departments, and develop standards for collecting | ||||||
14 | data to evaluate the impact and costs of the Domestic Violence | ||||||
15 | Surveillance Program. | ||||||
16 | The Division shall establish a model list of structured | ||||||
17 | intermediate sanctions that may be imposed by a probation | ||||||
18 | agency for violations of terms and conditions of a sentence of | ||||||
19 | probation, conditional discharge, or supervision. | ||||||
20 | The Division shall establish training standards for | ||||||
21 | continuing education of probation officers and supervisors and | ||||||
22 | broaden access to available training programs. | ||||||
23 | The State of Illinois shall provide for the costs of | ||||||
24 | personnel, travel, equipment, telecommunications, postage, | ||||||
25 | commodities, printing, space, contractual services and other | ||||||
26 | related costs necessary to carry out the intent of this Act. |
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1 | (2)(a) The chief judge of each circuit shall provide | ||||||
2 | full-time probation services for all counties within the | ||||||
3 | circuit, in a manner consistent with the annual probation | ||||||
4 | plan, the standards, policies, and regulations established by | ||||||
5 | the Supreme Court. A probation district of two or more | ||||||
6 | counties within a circuit may be created for the purposes of | ||||||
7 | providing full-time probation services. Every county or group | ||||||
8 | of counties within a circuit shall maintain a probation | ||||||
9 | department which shall be under the authority of the Chief | ||||||
10 | Judge of the circuit or some other judge designated by the | ||||||
11 | Chief Judge. The Chief Judge, through the Probation and Court | ||||||
12 | Services Department shall submit annual plans to the Division | ||||||
13 | for probation and related services. | ||||||
14 | (b) The Chief Judge of each circuit shall appoint the | ||||||
15 | Chief Probation Officer and all other probation officers for | ||||||
16 | his or her circuit from lists of qualified applicants supplied | ||||||
17 | by the Supreme Court. Candidates for chief managing officer | ||||||
18 | and other probation officer positions must apply with both the | ||||||
19 | Chief Judge of the circuit and the Supreme Court. | ||||||
20 | (3) A Probation and Court Service Department shall apply | ||||||
21 | to the Supreme Court for funds for basic services, and may | ||||||
22 | apply for funds for new and expanded programs or | ||||||
23 | Individualized Services and Programs. Costs shall be | ||||||
24 | reimbursed monthly based on a plan and budget approved by the | ||||||
25 | Supreme Court. No Department may be reimbursed for costs which | ||||||
26 | exceed or are not provided for in the approved annual plan and |
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1 | budget. After the effective date of this amendatory Act of | ||||||
2 | 1985, each county must provide basic services in accordance | ||||||
3 | with the annual plan and standards created by the division. No | ||||||
4 | department may receive funds for new or expanded programs or | ||||||
5 | individualized services and programs unless they are in | ||||||
6 | compliance with standards as enumerated in paragraph (h) of | ||||||
7 | subsection (1) of this Section, the annual plan, and standards | ||||||
8 | for basic services. | ||||||
9 | (4) The Division shall reimburse the county or counties | ||||||
10 | for probation services as follows: | ||||||
11 | (a) 100% of the salary of all chief managing officers | ||||||
12 | designated as such by the Chief Judge and the division. | ||||||
13 | (b) 100% of the salary for all probation officer and | ||||||
14 | supervisor positions approved for reimbursement by the | ||||||
15 | division after April 1, 1984, to meet workload standards | ||||||
16 | and to implement intensive sanction and probation | ||||||
17 | supervision programs and other basic services as defined | ||||||
18 | in this Act. | ||||||
19 | (c) 100% of the salary for all secure detention | ||||||
20 | personnel and non-secure group home personnel approved for | ||||||
21 | reimbursement after December 1, 1990. For all such | ||||||
22 | positions approved for reimbursement before December 1, | ||||||
23 | 1990, the counties shall be reimbursed $1,250 per month | ||||||
24 | beginning July 1, 1995, and an additional $250 per month | ||||||
25 | beginning each July 1st thereafter until the positions | ||||||
26 | receive 100% salary reimbursement. Allocation of such |
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1 | positions will be based on comparative need considering | ||||||
2 | capacity, staff/resident ratio, physical plant and | ||||||
3 | program. | ||||||
4 | (d) $1,000 per month for salaries for the remaining | ||||||
5 | probation officer positions engaged in basic services and | ||||||
6 | new or expanded services. All such positions shall be | ||||||
7 | approved by the division in accordance with this Act and | ||||||
8 | division standards. | ||||||
9 | (e) 100% of the travel expenses in accordance with | ||||||
10 | Division standards for all Probation positions approved | ||||||
11 | under paragraph (b) of subsection 4 of this Section. | ||||||
12 | (f) If the amount of funds reimbursed to the county | ||||||
13 | under paragraphs (a) through (e) of subsection 4 of this | ||||||
14 | Section on an annual basis is less than the amount the | ||||||
15 | county had received during the 12 month period immediately | ||||||
16 | prior to the effective date of this amendatory Act of | ||||||
17 | 1985, then the Division shall reimburse the amount of the | ||||||
18 | difference to the county. The effect of paragraph (b) of | ||||||
19 | subsection 7 of this Section shall be considered in | ||||||
20 | implementing this supplemental reimbursement provision. | ||||||
21 | (5) The Division shall provide funds beginning on April 1, | ||||||
22 | 1987 for the counties to provide Individualized Services and | ||||||
23 | Programs as provided in Section 16 of this Act. | ||||||
24 | (6) A Probation and Court Services Department in order to | ||||||
25 | be eligible for the reimbursement must submit to the Supreme | ||||||
26 | Court an application containing such information and in such a |
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1 | form and by such dates as the Supreme Court may require. | ||||||
2 | Departments to be eligible for funding must satisfy the | ||||||
3 | following conditions: | ||||||
4 | (a) The Department shall have on file with the Supreme | ||||||
5 | Court an annual Probation plan for continuing, improved, | ||||||
6 | and new Probation and Court Services Programs approved by | ||||||
7 | the Supreme Court or its designee. This plan shall | ||||||
8 | indicate the manner in which Probation and Court Services | ||||||
9 | will be delivered and improved, consistent with the | ||||||
10 | minimum standards and regulations for Probation and Court | ||||||
11 | Services, as established by the Supreme Court. In counties | ||||||
12 | with more than one Probation and Court Services Department | ||||||
13 | eligible to receive funds, all Departments within that | ||||||
14 | county must submit plans which are approved by the Supreme | ||||||
15 | Court. | ||||||
16 | (b) The annual probation plan shall seek to generally | ||||||
17 | improve the quality of probation services and to reduce | ||||||
18 | the commitment of adult offenders to the Department of | ||||||
19 | Corrections and to reduce the commitment of juvenile | ||||||
20 | offenders to the Department of Juvenile Justice and shall | ||||||
21 | require, when appropriate, coordination with the | ||||||
22 | Department of Corrections, the Department of Juvenile | ||||||
23 | Justice, and the Department of Children and Family | ||||||
24 | Services in the development and use of community | ||||||
25 | resources, information systems, case review and permanency | ||||||
26 | planning systems to avoid the duplication of services. |
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1 | (c) The Department shall be in compliance with | ||||||
2 | standards developed by the Supreme Court for basic, new | ||||||
3 | and expanded services, training, personnel hiring and | ||||||
4 | promotion. | ||||||
5 | (d) The Department shall in its annual plan indicate | ||||||
6 | the manner in which it will support the rights of crime | ||||||
7 | victims and in which manner it will implement Article I, | ||||||
8 | Section 8.1 of the Illinois Constitution and in what | ||||||
9 | manner it will coordinate crime victims' support services | ||||||
10 | with other criminal justice agencies within its | ||||||
11 | jurisdiction, including but not limited to, the State's | ||||||
12 | Attorney, the Sheriff and any municipal police department. | ||||||
13 | (7) No statement shall be verified by the Supreme Court or | ||||||
14 | its designee or vouchered by the Comptroller unless each of | ||||||
15 | the following conditions have been met: | ||||||
16 | (a) The probation officer is a full-time employee | ||||||
17 | appointed by the Chief Judge to provide probation services | ||||||
18 | or a part-time employee who serves as a detention officer. | ||||||
19 | (b) The probation officer, in order to be eligible for | ||||||
20 | State reimbursement, is receiving a salary of at least | ||||||
21 | $17,000 per year, unless serving as a part-time detention | ||||||
22 | officer. | ||||||
23 | (c) The probation officer is appointed or was | ||||||
24 | reappointed in accordance with minimum qualifications or | ||||||
25 | criteria established by the Supreme Court; however, all | ||||||
26 | probation officers appointed prior to January 1, 1978, |
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1 | shall be exempted from the minimum requirements | ||||||
2 | established by the Supreme Court. Payments shall be made | ||||||
3 | to counties employing these exempted probation officers as | ||||||
4 | long as they are employed in the position held on the | ||||||
5 | effective date of this amendatory Act of 1985. Promotions | ||||||
6 | shall be governed by minimum qualifications established by | ||||||
7 | the Supreme Court. | ||||||
8 | (d) The Department has an established compensation | ||||||
9 | schedule approved by the Supreme Court. The compensation | ||||||
10 | schedule shall include salary ranges with necessary | ||||||
11 | increments to compensate each employee. The increments | ||||||
12 | shall, within the salary ranges, be based on such factors | ||||||
13 | as bona fide occupational qualifications, performance, and | ||||||
14 | length of service. Each position in the Department shall | ||||||
15 | be placed on the compensation schedule according to job | ||||||
16 | duties and responsibilities of such position. The policy | ||||||
17 | and procedures of the compensation schedule shall be made | ||||||
18 | available to each employee. | ||||||
19 | (8) In order to obtain full reimbursement of all approved | ||||||
20 | costs, each Department must continue to employ at least the | ||||||
21 | same number of probation officers and probation managers as | ||||||
22 | were authorized for employment for the fiscal year which | ||||||
23 | includes January 1, 1985. This number shall be designated as | ||||||
24 | the base amount of the Department. No positions approved by | ||||||
25 | the Division under paragraph (b) of subsection 4 will be | ||||||
26 | included in the base amount. In the event that the Department |
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1 | employs fewer Probation officers and Probation managers than | ||||||
2 | the base amount for a period of 90 days, funding received by | ||||||
3 | the Department under subsection 4 of this Section may be | ||||||
4 | reduced on a monthly basis by the amount of the current | ||||||
5 | salaries of any positions below the base amount. | ||||||
6 | (9) Before the 15th day of each month, the treasurer of any | ||||||
7 | county which has a Probation and Court Services Department, or | ||||||
8 | the treasurer of the most populous county, in the case of a | ||||||
9 | Probation or Court Services Department funded by more than one | ||||||
10 | county, shall submit an itemized statement of all approved | ||||||
11 | costs incurred in the delivery of Basic Probation and Court | ||||||
12 | Services under this Act to the Supreme Court. The treasurer | ||||||
13 | may also submit an itemized statement of all approved costs | ||||||
14 | incurred in the delivery of new and expanded Probation and | ||||||
15 | Court Services as well as Individualized Services and | ||||||
16 | Programs. The Supreme Court or its designee shall verify | ||||||
17 | compliance with this Section and shall examine and audit the | ||||||
18 | monthly statement and, upon finding them to be correct, shall | ||||||
19 | forward them to the Comptroller for payment to the county | ||||||
20 | treasurer. In the case of payment to a treasurer of a county | ||||||
21 | which is the most populous of counties sharing the salary and | ||||||
22 | expenses of a Probation and Court Services Department, the | ||||||
23 | treasurer shall divide the money between the counties in a | ||||||
24 | manner that reflects each county's share of the cost incurred | ||||||
25 | by the Department. | ||||||
26 | (10) The county treasurer must certify that funds received |
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1 | under this Section shall be used solely to maintain and | ||||||
2 | improve Probation and Court Services. The county or circuit | ||||||
3 | shall remain in compliance with all standards, policies and | ||||||
4 | regulations established by the Supreme Court. If at any time | ||||||
5 | the Supreme Court determines that a county or circuit is not in | ||||||
6 | compliance, the Supreme Court shall immediately notify the | ||||||
7 | Chief Judge, county board chairman and the Director of Court | ||||||
8 | Services Chief Probation Officer. If after 90 days of written | ||||||
9 | notice the noncompliance still exists, the Supreme Court shall | ||||||
10 | be required to reduce the amount of monthly reimbursement by | ||||||
11 | 10%. An additional 10% reduction of monthly reimbursement | ||||||
12 | shall occur for each consecutive month of noncompliance. | ||||||
13 | Except as provided in subsection 5 of Section 15, funding to | ||||||
14 | counties shall commence on April 1, 1986. Funds received under | ||||||
15 | this Act shall be used to provide for Probation Department | ||||||
16 | expenses including those required under Section 13 of this | ||||||
17 | Act. The Mandatory Arbitration Fund may be used to provide for | ||||||
18 | Probation Department expenses, including those required under | ||||||
19 | Section 13 of this Act. | ||||||
20 | (11) The respective counties shall be responsible for | ||||||
21 | capital and space costs, fringe benefits, clerical costs, | ||||||
22 | equipment, telecommunications, postage, commodities and | ||||||
23 | printing , except that funds available under Section 15.1 may | ||||||
24 | be used for vehicles used to support evidence-based probation | ||||||
25 | practices and computers and computer equipment and supplies | ||||||
26 | necessary to carry out evidence-based probation practices and |
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1 | data collection and storage . | ||||||
2 | (12) For purposes of this Act only, probation officers | ||||||
3 | shall be considered peace officers. In the exercise of their | ||||||
4 | official duties, probation officers, sheriffs, and police | ||||||
5 | officers may, anywhere within the State, arrest any | ||||||
6 | probationer who is in violation of any of the conditions of his | ||||||
7 | or her probation, conditional discharge, or supervision, and | ||||||
8 | it shall be the duty of the officer making the arrest to take | ||||||
9 | the probationer before the Court having jurisdiction over the | ||||||
10 | probationer for further order. | ||||||
11 | (Source: P.A. 102-699, eff. 4-19-22.) |