(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:

Attorney's Note

Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
First-degree murder20 years to lifeup to $25,000
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-20
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Terms Used In Illinois Compiled Statutes 730 ILCS 110/16.1

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • Municipalities: has the meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of 1970. See Illinois Compiled Statutes 5 ILCS 70/1.27
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

         (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.
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