2023 Illinois Compiled Statutes › Chapter 730 - CORRECTIONS › 730 ILCS 110/ - Probation and Probation Officers Act.

(730 ILCS 110/0.01) (from Ch. 38, par. 204-1a.9)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Probation and Probation Officers Act.
(Source: P.A. 86-1324.)
(730 ILCS 110/9b) (from Ch. 38, par. 204-1b)
Sec. 9b. 
For the purposes of this Act, the words and phrases
described in this Section have the meanings designated in this Section,
except when a particular context clearly requires a different meaning.
(1) "Division" means the Division of Probation
Services of the
Supreme Court.
(2) "Department" means a probation or court
services department that
provides probation or court services and such
other related services
assigned to it by the circuit court or by law.
(3) "Probation Officer" means a person
employed full time in a probation
or court services department or a person employed full-time or part-time as a detention officer providing services to a court under this Act
or the Juvenile Court Act of 1987.  A probation
officer includes detention
staff, non-secure group home staff and management personnel who meet
minimum standards established by the Supreme
Court and who are hired under the direction of the circuit court.  These
probation officers are judicial employees
designated on a circuit wide or
county basis and compensated by the appropriate county board or boards.
(4) "Basic Services" means the number of personnel determined by the
Division as necessary to comply with adult, juvenile, and
detention services workload standards
and to operate authorized programs of intermediate sanctions, intensive
probation
supervision,
public or community service, intake services, secure detention services,
non-secure group home services and home confinement.
(5) "New or Expanded Services" means personnel necessary to operate
pretrial programs, victim and restitution programs, psychological services,
drunk driving programs, specialized caseloads, community resource
coordination programs, and other programs designed to generally improve the
quality of probation and court services.
(6) "Individualized Services and Programs" means individualized services
provided through purchase of service agreements with individuals,
specialists, and local public or private agencies providing non-residential
services for the rehabilitation of adult and juvenile offenders as an
alternative to local or state incarceration.
(7) "Jurisdiction" means the geographical area of authority of a
probation department as designated by the chief judge of
each circuit court under Section 15 of this Act.
(8)  "Transfer case" means any case where an adult or juvenile offender seeks to have supervision transferred from one county to another or from another state to a county in Illinois, and the transfer is approved by a judicial officer, a department, or through an interstate compact.
(Source: P.A. 102-699, eff. 4-19-22.)
(730 ILCS 110/10) (from Ch. 38, par. 204-2)
Sec. 10. 
		
		Before entering upon the duties of his or her office, each
probation
officer shall take and subscribe to an oath before the Chief Judge of his or
her circuit or his or her designee to support
the constitution and laws of the United States and of the
State of Illinois, and faithfully to perform the duties of his or her
office.
(Source: P.A. 91-429, eff. 1-1-00.)
(730 ILCS 110/11) (from Ch. 38, par. 204-3)
Sec. 11. 
		
		Probation officers, in the exercise of their official
duties, and sheriffs and police officers, may, anywhere
within the state, arrest on view any probationer found by them violating
any of the conditions of his or her probation, and it shall be the duty of the
officer making such arrest immediately to take the probationer before
the court having jurisdiction over him or her for further order.
(Source: P.A. 83-341.)
(730 ILCS 110/12) (from Ch. 38, par. 204-4)
Sec. 12. The duties of probation officers shall be:
(1) To investigate as required by Section 5-3-1 of the "Unified Code
of Corrections", approved July 26, 1972, as amended, the case of
any person to be placed on probation. Full opportunity shall be afforded
a probation officer to confer with the person under investigation when
such person is in custody.
(2) To notify the court of any previous conviction for crime or
previous probation of any defendant invoking the provisions of this Act.
(3) All reports and notifications required in this Act to be made by
probation officers shall be in writing and shall be filed by the clerk
in the respective cases.
(4) To preserve complete and accurate records of cases investigated,
including a description of the person investigated, the action of the
court with respect to his case and his probation, the subsequent history
of such person, if he becomes a probationer, during the continuance of
his probation, which records shall be open to inspection by any judge or
by any probation officer pursuant to order of court, but shall not be a
public record, and its contents shall not be divulged otherwise than as
above provided, except upon order of court.
(5) To take charge of and watch over all persons placed on probation
under such regulations and for such terms as may be prescribed by the
court, and giving to each probationer full instructions as to the terms
of his release upon probation and requiring from him such periodical
reports as shall keep the officer informed as to his conduct.
(6) To develop and operate programs of reasonable public or community
service
for any persons ordered by the court to perform public or community
service, providing, however,
that no probation officer or any employee of a probation office acting in
the course of his official duties shall be liable for any tortious acts
of any person performing public or community service except for wilful
misconduct or gross negligence on the
part of the probation officer or employee.
(7) When any person on probation removes from the county where his
offense was committed, it shall be the duty of the officer under whose
care he was placed to report the facts to the probation officer in the
county to which the probationer has removed; and it shall thereupon
become the duty of such probation officer to take charge of and watch
over said probationer the same as if the case originated in that county;
and for that purpose he shall have the same power and authority over
said probationer as if he had been originally placed in said officer's
charge; and such officer shall be required to report in writing every 6
months, or more frequently upon request the results of his supervision
to the probation officer in whose
charge the said probationer was originally placed by the court.
(8) To authorize travel permits to individuals under their supervision
unless otherwise ordered by the court.
(9) To perform such other duties as are provided for in this act or
by rules of court and such incidental duties as may be implied from
those expressly required.
(10) To send written notification to a public housing agency if a person
on probation for a felony who is under the supervision of the probation officer
informs the probation officer that he or she has resided, resides, or will
reside at an address that is a housing facility owned, managed, operated, or
leased by that public housing agency.
(11) If a person on probation for a felony offense who is under the supervision of the probation officer becomes a resident of a facility licensed or regulated by the Department of Public Health, the Illinois Department of Public Aid, or Illinois Department of Human Services, the probation officer shall within 3 days of the person becoming a resident, notify the licensing or regulating Department and licensed or regulated facility and shall provide the licensed or regulated facility and licensing or regulating Department with copies of the following:
(a) (blank);
(b) any applicable probation orders and corresponding     compliance plans;
(c) the name and contact information for the assigned     probation officer. (Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)
(730 ILCS 110/13) (from Ch. 38, par. 204-5)
Sec. 13. 
		
		It shall be the duty of the director of the court services
department or the chief probation officer, appointed
as provided in this act, to supervise and control the work of all subordinate
court services or probation officers under his or her jurisdiction
subject to the general administrative and supervisory authority of the
Chief Circuit Judge or another judge designated by the Chief Circuit Judge,
and to control and supervise, as herein provided, the conduct of
probationers to such extent as the court may direct.
The Chief Circuit Judge, or another judge designated by the Chief
Circuit Judge to have general administrative and supervisory authority over
the director of the court services department or the chief probation officer, may authorize the director or chief probation officer to appoint all
subordinate court services department officers or probation officers,
who shall serve at the pleasure of the director or chief probation officer.
In addition to the authority to discharge such subordinate officers, the
director or chief probation officer may impose lesser disciplinary
sanctions as the circumstances warrant in the judgment of the director or
chief probation officer.  Any disciplinary action taken by the director or
chief probation officer shall be in accordance with any State or federal
laws that may be applicable.
It shall be the duty of the county board to furnish suitable rooms and
accommodations, equipment and supplies for probation officers and
clerical assistants in that jurisdiction and for the keeping of the
records, equipment and supplies of the office.  The number of clerical
assistants shall be determined by the Chief Circuit Judge or another judge
designated by the Chief Circuit Judge to have general administrative and
supervisory authority over the director of the court services department or
the chief probation officer and shall be appointed by the director or chief
probation officer.  Salaries of clerical assistants shall be fixed by
the county board.
(Source: P.A. 91-357, eff. 7-29-99.)
(730 ILCS 110/13a) (from Ch. 38, par. 204-5a)
Sec. 13a. 
		
		The appointment of officers to probation or court services
departments under the Juvenile Court Act of 1987 shall be in accordance
with the provisions of this Act.
(Source: P.A. 85-1209.)
(730 ILCS 110/14) (from Ch. 38, par. 204-6)
Sec. 14. 
		
		The amount of compensation to be paid any court services or
probation officer, including a director of a court services department
or a chief probation officer appointed by any circuit court, shall be
determined by the county boards of the several
counties in which such officers, respectively, are appointed, and shall
be paid by the county treasurer on the warrant of the county comptroller
or other person authorized to issue warrants on the county treasurer; and
such salary and reimbursement for expenses of such chiefs
and probation officers serving throughout such circuit or probation officer
district shall be apportioned between such counties on the basis of their
population as determined by the last national census, and the respective
portions thereof shall be paid by the county treasurer upon warrants issued
by the Chief Circuit Judge.  All such expenses after being certified by the
Chief Circuit Judge, and approved by the board of such county, shall be
paid by the county treasurer on warrant by the proper county officer.  No
probation officer receiving compensation from any public funds under the
provisions of this Act shall receive any compensation, gift or gratuity
whatsoever from any person, firm or corporation for doing or refraining from
doing any official act in any way connected with any proceeding then pending or
about to be instituted in any court with which the probation officer has
to do.  Any probation officer receiving compensation from any public
funds under this Act, who receives any compensation, gift or gratuity
whatever from any person, firm or corporation for doing or refraining
from doing any official act in any way connected with any proceeding
then pending or about to be instituted in any court with which the
probation officer has to do, is guilty of a misdemeanor, and shall be
punished accordingly, and shall be immediately removed.
(Source: P.A. 84-692.)
(730 ILCS 110/15) (from Ch. 38, par. 204-7)
Sec. 15. (1) The Supreme Court of Illinois may establish a Division of
Probation Services whose purpose shall be the development, establishment,
promulgation, and enforcement of uniform standards for probation services in
this State, and to otherwise carry out the intent of this Act.  The Division
may:
(a) establish qualifications for chief probation     officers and other probation and court services personnel as to hiring, promotion, and training.
(b) make available, on a timely basis, lists of those     applicants whose qualifications meet the regulations referred to herein, including on said lists all candidates found qualified.
(c) establish a means of verifying the conditions for     reimbursement under this Act and develop criteria for approved costs for reimbursement.
(d) develop standards and approve employee     compensation schedules for probation and court services departments.
(e) employ sufficient personnel in the Division to     carry out the functions of the Division.
(f) establish a system of training and establish     standards for personnel orientation and training.
(g) develop standards for a system of record keeping     for cases and programs, gather statistics, establish a system of uniform forms, and develop research for planning of Probation Services.
(h) develop standards to assure adequate support     personnel, office space, equipment and supplies, travel expenses, and other essential items necessary for Probation and Court Services Departments to carry out their duties.
(i) review and approve annual plans submitted by     Probation and Court Services Departments.
(j) monitor and evaluate all programs operated by     Probation and Court Services Departments, and may include in the program evaluation criteria such factors as the percentage of probation sentences for felons convicted of probationable offenses.
(k) seek the cooperation of local and State     government and private agencies to improve the quality of probation and court services.
(l) where appropriate, establish programs and     corresponding standards designed to generally improve the quality of probation and court services and reduce the rate of adult or juvenile offenders committed to the Department of Corrections.
(m) establish such other standards and regulations     and do all acts necessary to carry out the intent and purposes of this Act.
The Division shall  develop standards to implement the Domestic Violence Surveillance Program established under Section 5-8A-7 of the Unified Code of Corrections, including (i) procurement of equipment and other services necessary to implement the program and (ii) development of uniform standards for the delivery of the  program through county probation departments, and develop standards for collecting data to evaluate the impact and costs of the Domestic Violence Surveillance Program.
The Division shall establish a model list of structured intermediate
sanctions that may be imposed by a probation agency for violations of terms and
conditions of a sentence of probation, conditional discharge, or supervision.
The Division shall establish training standards for continuing education of probation officers and supervisors and broaden access to available training programs.
The State of Illinois shall provide for the costs of personnel, travel,
equipment, telecommunications, postage, commodities, printing, space,
contractual services and other related costs necessary to carry out the
intent of this Act.
(2)(a) The chief judge of each circuit shall provide
full-time probation services for all counties
within the circuit, in a
manner consistent with the annual probation plan,
the standards, policies,
and regulations established by the Supreme Court. A
probation district of
two or more counties within a circuit may be created for the purposes of
providing full-time probation services. Every
county or group of
counties within a circuit shall maintain a
probation department which shall
be under the authority of the Chief Judge of the circuit or some other
judge designated by the Chief Judge. The Chief Judge, through the
Probation and Court Services Department shall
submit annual plans to the
Division for probation and related services.
(b) The Chief Judge of each circuit shall appoint the Chief
Probation
Officer and all other probation officers for his
or her circuit from lists
of qualified applicants supplied by the Supreme Court. Candidates for chief
managing officer and other probation officer
positions must apply with both
the Chief Judge of the circuit and the Supreme Court.
(3) A Probation and Court Service Department
shall apply to the
Supreme Court for funds for basic services, and may apply for funds for new
and expanded programs or Individualized Services and Programs. Costs shall
be reimbursed monthly based on a plan and budget approved by the Supreme
Court. No Department may be reimbursed for costs which exceed or are not
provided for in the approved annual plan and budget. After the effective
date of this amendatory Act of 1985, each county must provide basic
services in accordance with the annual plan and standards created by the
division. No department may receive funds for new or expanded programs or
individualized services and programs unless they are in compliance with
standards as enumerated in paragraph (h) of subsection (1) of this Section,
the annual plan, and standards for basic services.
(4) The Division shall reimburse the county or counties for
probation
services as follows:
(a) 100% of the salary of all chief managing officers     designated as such by the Chief Judge and the division.
(b) 100% of the salary for all probation officer and     supervisor positions approved for reimbursement by the division after April 1, 1984, to meet workload standards and to implement intensive sanction and probation supervision programs and other basic services as defined in this Act.
(c) 100% of the salary for all secure detention     personnel and non-secure group home personnel approved for reimbursement after December 1, 1990. For all such positions approved for reimbursement before December 1, 1990, the counties shall be reimbursed $1,250 per month beginning July 1, 1995, and an additional $250 per month beginning each July 1st thereafter until the positions receive 100% salary reimbursement. Allocation of such positions will be based on comparative need considering capacity, staff/resident ratio, physical plant and program.
(d) $1,000 per month for salaries for the remaining     probation officer positions engaged in basic services and new or expanded services. All such positions shall be approved by the division in accordance with this Act and division standards.
(e) 100% of the travel expenses in accordance with     Division standards for all Probation positions approved under paragraph (b) of subsection 4 of this Section.
(f) If the amount of funds reimbursed to the county     under paragraphs (a) through (e) of subsection 4 of this Section on an annual basis is less than the amount the county had received during the 12 month period immediately prior to the effective date of this amendatory Act of 1985, then the Division shall reimburse the amount of the difference to the county. The effect of paragraph (b) of subsection 7 of this Section shall be considered in implementing this supplemental reimbursement provision.
(5) The Division shall provide funds beginning on April 1, 1987 for the
counties to provide Individualized Services and Programs as provided in
Section 16 of this Act.
(6) A Probation and Court Services Department
in order to be eligible
for the reimbursement must submit to the Supreme Court an application
containing such information and in such a form and by such dates as the
Supreme Court may require. Departments to be eligible for funding must
satisfy the following conditions:
(a) The Department shall have on file with the     Supreme Court an annual Probation plan for continuing, improved, and new Probation and Court Services Programs approved by the Supreme Court or its designee. This plan shall indicate the manner in which Probation and Court Services will be delivered and improved, consistent with the minimum standards and regulations for Probation and Court Services, as established by the Supreme Court. In counties with more than one Probation and Court Services Department eligible to receive funds, all Departments within that county must submit plans which are approved by the Supreme Court.
(b) The annual probation plan shall seek to generally     improve the quality of probation services and to reduce the commitment of adult offenders to the Department of Corrections and to reduce the commitment of juvenile offenders to the Department of Juvenile Justice and shall require, when appropriate, coordination with the Department of Corrections, the Department of Juvenile Justice, and the Department of Children and Family Services in the development and use of community resources, information systems, case review and permanency planning systems to avoid the duplication of services.
(c) The Department shall be in compliance with     standards developed by the Supreme Court for basic, new and expanded services, training, personnel hiring and promotion.
(d) The Department shall in its annual plan indicate     the manner in which it will support the rights of crime victims and in which manner it will implement Article I, Section 8.1 of the Illinois Constitution and in what manner it will coordinate crime victims' support services with other criminal justice agencies within its jurisdiction, including but not limited to, the State's Attorney, the Sheriff and any municipal police department.
(7) No statement shall be verified by the Supreme Court or its
designee or vouchered by the Comptroller unless each of the following
conditions have been met:
(a) The probation officer is a full-time employee     appointed by the Chief Judge to provide probation services or a part-time employee who serves as a detention officer.
(b) The probation officer, in order to be eligible     for State reimbursement, is receiving a salary of at least $17,000 per year, unless serving as a part-time detention officer.
(c) The probation officer is appointed or was     reappointed in accordance with minimum qualifications or criteria established by the Supreme Court; however, all probation officers appointed prior to January 1, 1978, shall be exempted from the minimum requirements established by the Supreme Court. Payments shall be made to counties employing these exempted probation officers as long as they are employed in the position held on the effective date of this amendatory Act of 1985.  Promotions shall be governed by minimum qualifications established by the Supreme Court.
(d) The Department has an established compensation     schedule approved by the Supreme Court. The compensation schedule shall include salary ranges with necessary increments to compensate each employee. The increments shall, within the salary ranges, be based on such factors as bona fide occupational qualifications, performance, and length of service. Each position in the Department shall be placed on the compensation schedule according to job duties and responsibilities of such position. The policy and procedures of the compensation schedule shall be made available to each employee.
(8) In order to obtain full reimbursement of all approved costs, each
Department must continue to employ at least the same number of
probation
officers and probation managers as were
authorized for employment for the
fiscal year which includes January 1, 1985. This number shall be designated
as the base amount of the Department. No positions approved by the Division
under paragraph (b) of subsection 4 will be included in the base amount.
In the event that the Department employs fewer
Probation officers and
Probation managers than the base amount for a
period of 90 days, funding
received by the Department under subsection 4 of this
Section may be reduced on a monthly basis by the amount of the current
salaries of any positions below the base amount.
(9) Before the 15th day of each month, the treasurer of any county which
has a Probation and Court Services Department, or
the treasurer of the most
populous county, in the case of a Probation or
Court Services Department
funded by more than one county, shall submit an itemized statement of all
approved costs incurred in the delivery of Basic
Probation and Court
Services under this Act to the Supreme Court.
The treasurer may also submit an itemized statement of all approved costs
incurred in the delivery of new and expanded
Probation and Court Services
as well as Individualized Services and Programs. The Supreme Court or
its designee shall verify compliance with this Section and shall examine
and audit the monthly statement and, upon finding them to be correct, shall
forward them to the Comptroller for payment to the county treasurer. In the
case of payment to a treasurer of a county which is the most populous of
counties sharing the salary and expenses of a
Probation and Court Services
Department, the treasurer shall divide the money between the counties in a
manner that reflects each county's share of the cost incurred by the
Department.
(10) The county treasurer must certify that funds received under this
Section shall be used solely to maintain and improve
Probation and Court
Services. The county or circuit shall remain in compliance with all
standards, policies and regulations established by the Supreme Court.
If at any time the Supreme Court determines that a county or circuit is not
in compliance, the Supreme Court shall immediately notify the Chief Judge,
county board chairman and the Director of Court Services Chief
Probation Officer. If after 90 days of written
notice the noncompliance
still exists, the Supreme Court shall be required to reduce the amount of
monthly reimbursement by 10%. An additional 10% reduction of monthly
reimbursement shall occur for each consecutive month of noncompliance.
Except as provided in subsection 5 of Section 15, funding to counties shall
commence on April 1, 1986. Funds received under this Act shall be used to
provide for Probation Department expenses
including those required under
Section 13 of this Act.  The Mandatory
Arbitration Fund may be used to provide for Probation Department expenses,
including those required under Section 13 of this Act.
(11) The respective counties shall be responsible for capital and space
costs, fringe benefits, clerical costs, equipment, telecommunications,
postage, commodities and printing.
(12) For purposes of this Act only, probation officers shall be
considered
peace officers.  In the
exercise of their official duties, probation
officers, sheriffs, and police
officers may, anywhere within the State, arrest any probationer who is in
violation of any of the conditions of his or her probation, conditional
discharge, or supervision, and it shall be the
duty of the officer making the arrest to take the probationer
before the
Court having jurisdiction over the probationer for further order.
(Source: P.A. 102-699, eff. 4-19-22.)
(730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
Sec. 15.1. Probation and Court Services Fund.
(a) The county treasurer in each county shall establish a
probation and court services fund consisting of fees collected pursuant to
subsection (i) of Section 5-6-3 and subsection (i) of Section 5-6-3.1
of the Unified Code of Corrections, subsection (10) of Section 5-615
and
subsection (5) of Section 5-715 of the Juvenile Court Act of 1987, and
paragraph 14.3 of subsection (b) of Section 110-10 of the Code of Criminal
Procedure of 1963.
 The
county treasurer shall disburse monies from the fund only at the direction
of the chief judge of the circuit court in such circuit where the county is
located.  The county treasurer of each county shall, on or before January
10 of each year, submit an annual report to the Supreme Court.
(b) Monies in the probation and court services fund shall be
appropriated by the county board to be used within the county or
jurisdiction where
collected in accordance
with policies and guidelines approved by the Supreme Court for the costs
of operating the probation and court services department or departments;
however, except as provided in subparagraphs (g) and (h), monies
in the probation and court services fund shall not be used for the payment
of salaries of probation and court services personnel.
(c) Monies expended from the probation and court services fund shall
be used to supplement, not supplant, county appropriations for probation
and court services.
(d) Interest earned on monies deposited in a probation and court
services fund may be used by the county for its ordinary and contingent
expenditures.
(e) The county board may appropriate moneys from the probation and court
services fund, upon the direction of the chief judge, to support programs that
are part of the continuum of juvenile delinquency intervention programs which
are or may be developed within the county.  The grants from the probation and
court services fund shall be for no more than one year and may be used for any
expenses attributable to the program including administration and oversight of
the program by the probation department.
(f) The county board may appropriate moneys from the probation and court
services fund, upon the direction of the chief judge, to support practices
endorsed or required under the Sex Offender Management Board Act, including but
not limited to sex offender evaluation, treatment, and monitoring programs that
are or may be developed within the county.
(g) For the State Fiscal Years 2005, 2006, and 2007
only, the Administrative Office of the Illinois Courts may permit a county or circuit to use its probation and court services fund for the payment of salaries of probation officers and other court services personnel whose salaries are reimbursed under this Act if the State's FY2005, FY2006, or FY2007 appropriation to the Supreme Court for reimbursement to counties for probation salaries and services is less than the amount appropriated to the Supreme Court for these
purposes for State Fiscal Year 2004. The Administrative Office of the Illinois Courts shall take into account each county's or circuit's probation fee collections and expenditures when apportioning the total reimbursement for each county or circuit.
(h) The Administrative Office of the Illinois Courts may permit a county or circuit to use its probation and court services fund for the payment of salaries of probation officers and other court services personnel whose salaries are reimbursed under this Act in any State fiscal year that the appropriation for reimbursement to counties for probation salaries and services is less than the amount appropriated to the Supreme Court for these purposes for State Fiscal Year 2002, except that the Administrative Office of the Illinois Courts shall adjust this amount appropriated in 2002 by 3% per year and may continue to permit use of the probation and court services fund for salaries in any State fiscal year where the State reimbursement to counties is regularly delayed more than 4 months. The Administrative Office of the Illinois Courts shall take into account each county's or circuit's probation fee collections and expenditures when appropriating the total reimbursement for each county or circuit. Any amount appropriated to the Supreme Court in any State fiscal year for the purpose of reimbursing Cook County for the salaries and operations of the Cook County Juvenile Temporary Detention Center shall not be counted in the total appropriation to the Supreme Court in that State fiscal year for reimbursement to counties for probation salaries and services, for the purposes of this paragraph (h).
(Source: P.A. 97-761, eff. 7-6-12.)
(730 ILCS 110/15.2)
Sec. 15.2. Retiring probation officer; purchase of service firearm and badge. Each department shall establish a program to allow a probation officer of the department who is honorably retiring in good standing to purchase either one or both of the following: (1) any badge previously issued to the probation officer by the department; or (2) if the probation officer has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the probation officer by the department. The badge must be permanently and conspicuously marked in such a manner that the individual who possesses the badge is not mistaken for an actively serving law enforcement officer. The cost of the firearm shall be the replacement value of the firearm and not the firearm's fair market value.
(Source: P.A. 102-719, eff. 5-6-22.)
(730 ILCS 110/16) (from Ch. 38, par. 204-8)
Sec. 16. 
		
		(1) The purpose of the Section is to encourage the
development of a coordinated justice system.  It is the legislative policy
of the State to more effectively protect society, to promote efficiency and
economy in the delivery of services to offenders and to encourage
utilization of appropriate sentencing alternatives to imprisonment in State
operated institutions.  This Section shall be construed to support the
development of local individualized programs which will:
(a) Provide a continuum of sanctions to increase sentencing options to
the judiciary of the State;
(b) Enable the Courts to  utilize programs which enhance the offender's
ability to become a contributing member to his or her community and which
will increase the benefits to victims and the communities through restitution;
(c) Increase sentencing alternatives for less serious felony offenders
and delinquent juveniles in order to reserve prisons and jail beds for
serious violent offenders.
(2) Any local plan for implementation of individualized services and
programs may include but are not limited to the following:
(a) Direct offender services - those services applied directly to
offenders, including job readiness, educational, vocational, drug or
alcohol treatment services; and
(b) Nonresidential rehabilitation programs - those programs which
comprise a coordinated network within the justice system which expand
sentencing options for the judiciary, including drunk driver diversion
programs, public services employment, restitution collection; and
(c) Emergency services - including detoxification, emergency shelter
and support; and
(d) Assessment and evaluation services - reports or diagnostic
recommendations to provide the justice system with accurate individualized
case information, including mental health, drug, alcohol, and living
situation information; and
(e) Residential alternative sentencing programs - those programs which
provide expanded sentencing options for less serious felony offenders and
delinquent juveniles, including mother and child unification programs.
The local plan must be directed in such a manner as to emphasize an
individualized approach to servicing offenders in a strong community based
system including probation as the broker of services.
The local plan shall be limited to services and shall not include costs for:
(a) capital expenditures;
(b) renovations or remodeling;
(c) personnel costs for Probation.
(3) A county may make application to the Supreme Court for funds to
provide for Individualized Services and Programs.
The Department shall be in compliance with all standards and regulations
established by the Division for the delivery of basic Services and
application shall be part of the Department's annual Probation plan and
shall set forth the following:
(a) a statement of objectives for which said funds shall be used;
(b) a statement of service needs based upon persons under supervision
of the Department;
(c) a statement of the type of services and programs to provide for the
individual needs of offenders;
(d) a budget indicating the costs of each service or program to be
funded under the plan;
(e) a summary of contracts and service agreements indicating the treatment
goals and number of offenders to be served by each service provider; and
(f) a statement indicating that the individualized services and
programs will not be duplicating existing services and programs.
Funds for this plan shall not supplant existing county funded programs.
The allocation of payments for adult and juvenile services under the local
plan shall be based on the proportionate adult and juvenile workload of the
department or departments covered by the local plan.
(4) A county or group of counties shall be eligible to apply for an
amount of funding not to exceed the same proportionate share of total
appropriations for Individualized Services and Programs as the county or group
of counties received of total State reimbursements under subsection 4 of
Section 15 of this Act or previous Probation subsidy programs in the prior
State fiscal year. However the Supreme Court
may waive this limitation to encourage the participation of rural counties.
The Supreme Court
shall forward Individualized
Services and Programs allocations to the county treasurer as provided in
Section 15 of this Act. Each county shall receive, maintain, and
appropriate said funds in a separate line item account of the probation
department budget. In addition, the Supreme Court shall, upon approval
of the annual plan, forward 20% of the approved
Individualized Services and Programs allocations to the county treasurer to
be deposited in said line item account. Subsequent allocations shall be
made to the county on a monthly basis.
It shall be the responsibility of the county through the probation budget
and in accordance with county policy and procedure to make payments for
Individualized Services and Programs.
At the end of the State of Illinois fiscal year, the county shall
promptly return any uncommitted and unused funds from this account.
(5) The Supreme Court shall be responsible
for the following:
(a) The Supreme Court may review each Individualized Services and Programs
plan for compliance with standards established for such plans. A plan may
be approved as submitted, approved with modifications, or rejected. No plan
shall be considered for approval if the circuit or county is not in full
compliance with all regulations, standards and guidelines pertaining to the
delivery of basic probation services as established by the Supreme
Court.
(b) The Supreme Court shall monitor on
a continual basis and shall evaluate
annually both the program and its fiscal activities in all
counties receiving
an allocation under Individualized Services and Programs. Any program or
service which has not met the goals and objectives of its contract or
service agreement shall be subject to denial for funding in subsequent
years. The Supreme Court shall evaluate the
effectiveness of Individualized Services and Programs in each circuit
or county. In determining the future funding for Individualized
Services and Programs under this Act, such evaluation shall include, as a
primary indicator of success, an increased or maintained percentage of
probation sentences for felons convicted of probationable offenses.
(c) Any Individualized Services and Programs allocations not applied for
and approved by the Supreme Court shall be
available for redistribution to approved plans for the remainder of that
fiscal year. Any county that invests local moneys in the Individualized
Services and Programs shall be given first consideration for any
redistribution of allocations.
(Source: P.A. 86-639.)
(730 ILCS 110/16.1)
Sec. 16.1. Redeploy Illinois Program.
(a) The purpose of this Section is to encourage the
deinstitutionalization of juvenile offenders by establishing
 projects in counties or groups of counties that
reallocate State funds from juvenile correctional confinement
to local jurisdictions, which will establish a continuum of
local, community-based sanctions and treatment alternatives
for juvenile offenders who would be incarcerated if those
local services and sanctions did not exist. It is also intended to offer alternatives, when appropriate, to avoid commitment to the Department of Juvenile Justice, to direct child welfare services for minors charged with a criminal offense or adjudicated delinquent under Section 5 of the Children and Family Services Act. The allotment of
funds will be based on a formula that rewards local
jurisdictions for the establishment or expansion of local
alternatives to incarceration, and requires them to pay for
utilization of incarceration as a sanction. In addition, there shall be an allocation of resources (amount to be determined annually by the Redeploy Illinois Oversight Board) set aside at the beginning of each fiscal year to be made available for any county or groups of counties which need resources only occasionally for services to avoid commitment to the Department of Juvenile Justice for a limited number of youth. This redeployment
of funds shall be made in a manner consistent with the
Juvenile Court Act of 1987 and the following purposes and
policies:
(1) The juvenile justice system should protect the     community, impose accountability to victims and communities for violations of law, and equip juvenile offenders with competencies to live responsibly and productively.
(2) Juveniles should be treated in the least     restrictive manner possible while maintaining the safety of the community.
(3) A continuum of services and sanctions from least     restrictive to most restrictive should be available in every community.
(4) There should be local responsibility and     authority for planning, organizing, and coordinating service resources in the community. People in the community can best choose a range of services which reflect community values and meet the needs of their own youth.
(5) Juveniles who pose a threat to the community or     themselves need special care, including secure settings. Such services as detention, long-term incarceration, or residential treatment are too costly to provide in each community and should be coordinated and provided on a regional or Statewide basis.
(6) The roles of State and local government in     creating and maintaining services to youth in the juvenile justice system should be clearly defined. The role of the State is to fund services, set standards of care, train service providers, and monitor the integration and coordination of services. The role of local government should be to oversee the provision of services.
(b) Each county or circuit participating in the Redeploy Illinois
program must create a local plan demonstrating how it will
reduce the county or circuit's utilization of secure
confinement of juvenile offenders in the Illinois Department
of Juvenile Justice or county detention centers by the creation or
expansion of individualized services or programs that may
include but are not limited to the following:
(1) Assessment and evaluation services to provide the     juvenile justice system with accurate individualized case information on each juvenile offender including mental health, substance abuse, educational, and family information;
(2) Direct services to individual juvenile offenders     including educational, vocational, mental health, substance abuse, supervision, and service coordination; and
(3) Programs that seek to restore the offender to the     community, such as victim offender panels, teen courts, competency building, enhanced accountability measures, restitution, and community service. The local plan must be directed in such a manner as to emphasize an individualized approach to providing services to juvenile offenders in an integrated community based system including probation as the broker of services. The plan must also detail the reduction in utilization of secure confinement. The local plan shall be limited to services and shall not include costs for:
(i) capital expenditures;
(ii) renovations or remodeling;
(iii) personnel costs for probation.
The local plan shall be submitted to the Department of Human
Services.
(c) A county or group of counties may develop an
agreement with the Department of Human Services to reduce their
number of
commitments of juvenile offenders, excluding minors sentenced
based upon a finding of guilt of first degree murder or an offense which is a
Class X forcible felony as defined in the Criminal Code of 2012, to the
Department of
Juvenile Justice, and then use the savings to develop local
programming for youth who would otherwise have been committed
to the Department of Juvenile Justice. A county or group of
counties shall agree to limit their commitments to 75% of the
level of commitments from the average number of juvenile
commitments for the past 3 years, and will receive the
savings to redeploy for local programming for juveniles who
would otherwise be held in confinement. For any county or group of counties with a decrease of juvenile commitments of at least 25%,  based on the average reductions of the prior 3 years, which are chosen to participate or continue as sites, the Redeploy Illinois Oversight Board has the authority to reduce the required percentage of future commitments to achieve the purpose of this Section. The agreement shall
set forth the following:
(1) a Statement of the number and type of juvenile     offenders from the county who were held in secure confinement by the Illinois Department of Juvenile Justice or in county detention the previous year, and an explanation of which, and how many, of these offenders might be served through the proposed Redeploy Illinois Program for which the funds shall be used;
(2) a Statement of the service needs of currently     confined juveniles;
(3) a Statement of the type of services and programs     to provide for the individual needs of the juvenile offenders, and the research or evidence base that qualifies those services and programs as proven or promising practices;
(4) a budget indicating the costs of each service or     program to be funded under the plan;
(5) a summary of contracts and service agreements     indicating the treatment goals and number of juvenile offenders to be served by each service provider; and
(6) a Statement indicating that the Redeploy Illinois     Program will not duplicate existing services and programs. Funds for this plan shall not supplant existing county funded programs.
In a county with a population exceeding 2,000,000, the Redeploy Illinois Oversight Board may authorize the Department of Human Services to enter into an agreement with that county to reduce the number of commitments by the same percentage as is required by this Section of other counties, and with all of the same requirements of this Act, including reporting and evaluation, except that the agreement may encompass a clearly identifiable geographical subdivision of that county. The geographical subdivision may include, but is not limited to, a police district or group of police districts, a geographical area making up a court calendar or group of court calendars, a municipal district or group of municipal districts, or a municipality or group of municipalities.
(d) (Blank).
(d-5) A county or group of counties that does not have an approved Redeploy Illinois program, as described in subsection (b), and that has committed fewer than 10 Redeploy eligible youth to the Department of Juvenile Justice on average over the previous 3 years, may develop an individualized agreement with the Department of Human Services through the Redeploy Illinois program to provide services to youth  to avoid commitment to the Department of Juvenile Justice.

The agreement shall set forth the following:
(1) a statement of the number and type of juvenile         offenders from the county who were at risk under any of the categories listed above during the 3 previous years, and an explanation of which  of these offenders would be served through the proposed Redeploy Illinois program for which the funds shall be used, or through individualized contracts with existing Redeploy programs in neighboring counties;
(2) a statement of the service needs;
(3) a statement of the type of services and programs         to provide for the individual needs of the juvenile offenders, and the research or evidence that qualifies those services and programs as proven or promising practices;
(4) a budget indicating the costs of each service or         program to be funded under the plan;
(5) a summary of contracts and service agreements         indicating the treatment goals and number of juvenile offenders to be served by each service provider; and
(6) a statement indicating that the Redeploy Illinois         program will not duplicate existing services and programs. Funds for this plan shall not supplant existing county funded programs.
(e) The Department of Human Services shall be responsible for
the
following:
(1) Reviewing each Redeploy Illinois Program plan for     compliance with standards established for such plans. A plan may be approved as submitted, approved with modifications, or rejected. No plan shall be considered for approval if the circuit or county is not in full compliance with all regulations, standards and guidelines pertaining to the delivery of basic probation services as established by the Supreme Court.
(2) Monitoring on a continual basis and evaluating     annually both the program and its fiscal activities in all counties receiving an allocation under the Redeploy Illinois Program. Any program or service that has not met the goals and objectives of its contract or service agreement shall be subject to denial for funding in subsequent years. The Department of Human Services shall evaluate the effectiveness of the Redeploy Illinois Program in each circuit or county. In determining the future funding for the Redeploy Illinois Program under this Act, the evaluation shall include, as a primary indicator of success, a decreased number of confinement days for the county's juvenile offenders.
(f) Any Redeploy Illinois Program allocations not
applied for and approved by the Department of Human Services
shall be
available for redistribution to approved plans for the
remainder of that fiscal year. Any county that invests local
moneys in the Redeploy Illinois Program shall be given first
consideration for any redistribution of allocations. Jurisdictions
participating in Redeploy Illinois that exceed their agreed upon level of
commitments to the Department of Juvenile Justice shall reimburse the
Department of Corrections for each commitment above the agreed upon
level.
(g) Implementation of Redeploy Illinois.
(1) Oversight of Redeploy Illinois.
(i) Redeploy Illinois Oversight Board. The         Department of Human Services shall convene an oversight board to oversee the Redeploy Illinois Program. The Board shall include, but not be limited to, designees from the Department of Juvenile Justice, the Administrative Office of Illinois Courts, the Illinois Juvenile Justice Commission, the Illinois Criminal Justice Information Authority, the Department of Children and Family Services, the State Board of Education, the Cook County State's Attorney, and a State's Attorney selected by the President of the Illinois State's Attorney's Association, the Cook County Public Defender, a representative of the defense bar appointed by the Chief Justice of the Illinois Supreme Court, a representative of probation appointed by the Chief Justice of the Illinois Supreme Court, and judicial representation appointed by the Chief Justice of the Illinois Supreme Court. Up to an additional 9 members may be appointed by the Secretary of Human Services from recommendations by the Oversight Board; these appointees shall possess a knowledge of juvenile justice issues and reflect the collaborative public/private relationship of Redeploy programs.
(ii) Responsibilities of the Redeploy Illinois         Oversight Board. The Oversight Board shall:
(A) Identify jurisdictions to be included in             the program of Redeploy Illinois.
(B) Develop a formula for reimbursement of             local jurisdictions for local and community-based services utilized in lieu of commitment to the Department of Juvenile Justice, as well as for any charges for local jurisdictions for commitments above the agreed upon limit in the approved plan.
(C) Identify resources sufficient to support             the administration and evaluation of Redeploy Illinois.
(D) Develop a process and identify resources             to support on-going monitoring and evaluation of Redeploy Illinois.
(E) Develop a process and identify resources             to support training on Redeploy Illinois.
(E-5)  Review  proposed individualized             agreements and approve where appropriate the distribution of resources.
(F) Report to the Governor and the General             Assembly on an annual basis on the progress of Redeploy Illinois.
(iii) Length of Planning Phase. The planning         phase may last up to, but may in no event last longer than, July 1, 2004.
(2) (Blank).
(3) There shall be created the Redeploy County Review     Committee composed of the designees of the Secretary of Human Services and the Directors of Juvenile Justice, of Children and Family Services, and of the Governor's Office of Management and Budget who shall constitute a subcommittee of the Redeploy Illinois Oversight Board.
(h)  Responsibilities of the County Review Committee.  The County Review Committee shall:
(1) Review individualized agreements  from counties     requesting resources on an occasional basis for services for youth described in subsection (d-5).
(2) Report its decisions to the Redeploy Illinois     Oversight Board at regularly scheduled meetings.
(3) Monitor the effectiveness of the resources in     meeting the mandates of the Redeploy Illinois program set forth in this Section so these results might be included in the Report described in clause (g)(1)(ii)(F).
(4) During the third quarter, assess the amount of     remaining funds available and necessary to complete the fiscal year so that any unused funds may be distributed as defined in subsection (f).
(5) Ensure that the number of youth from any     applicant county receiving individualized resources will not exceed the previous three-year average of Redeploy eligible recipients and that counties are in conformity with all other elements of this law.
(i) Implementation of this Section is subject to appropriation.
(j)  Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of and procedures and rules implementing the Illinois Administrative Procedure Act; any purported rule not so adopted, for whatever reason, is unauthorized.
(Source: P.A. 97-1150, eff. 1-25-13; 98-60, eff. 1-1-14.)
(730 ILCS 110/16.2)
Sec. 16.2. Verification of sex offender's address. A probation officer supervising a person who has been placed on probation for a sex offense as defined in the Sex Offender
Management Board Act shall  periodically, but not less than once a month, verify that the person is in compliance with paragraph (8.6) of subsection (a) of Section 5-6-3 of the Unified Code of Corrections.
(Source: P.A. 94-161, eff. 7-11-05.)
(730 ILCS 110/17)
Sec. 17. Authorization to carry weapons.  Probation
officers may only carry weapons while in the performance of
their official duties, or while commuting between their homes,
places of employment, or specific locations that are part of
their assigned duties, provided they have received the prior
consent of the Chief Judge of the Circuit Court for which they
are employed, and they have received weapons training according
to requirements of the Peace Officer and Probation Officer Firearm Training Act.
(Source: P.A. 98-725, eff. 1-1-15.)
(730 ILCS 110/18)
Sec. 18. Probation and court services departments considered pretrial services agencies. For the purposes of administering the provisions of Public Act 95-773, known as the Cindy Bischof Law,  all probation and court services departments are to be considered pretrial services agencies under the Pretrial Services Act and under the pretrial release provisions of the Code of Criminal Procedure of 1963.
(Source: P.A. 101-652, eff. 1-1-23.)