REIMBURSE COUNTIES-PRETRIAL

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Senate Amendment 001

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2865

Introduced 1/16/2026, by Sen. Michael W. Halpin

SYNOPSIS AS INTRODUCED:

730 ILCS 110/15

from Ch. 38, par. 204-7

Amends the Probation and Probation Officers Act. Provides that the
Division of Probation Services shall reimburse the county or counties for
100% of the salary for all probation officer and supervisor positions
approved for reimbursement by the division to meet pretrial services
programs and specialty court programs. Provides that for the remaining
probation officer positions engaged in basic services and new or expanded
services approved of the total statewide number as of July 1, 2023,
beginning on July 1, 2027, 20% of that number shall be transferred to those
requiring 100% salary reimbursement. Each subsequent July 1, another 20%
of the July 1, 2023 population shall also be transferred under described
circumstances.
LRB104 16710 RLC 30115 b

A BILL FOR

SB2865
LRB104 16710 RLC 30115 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Probation and Probation Officers Act is
5
amended by changing Section 15 as follows:

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

SB2865
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LRB104 16710 RLC 30115 b
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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LRB104 16710 RLC 30115 b
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.

SB2865
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LRB104 16710 RLC 30115 b
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

SB2865
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LRB104 16710 RLC 30115 b
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
, pretrial services programs,
18

specialty court programs,
and other basic services as
19

defined in this Act.
20

(c) 100% of the salary for all secure detention
21

personnel and non-secure group home personnel approved for
22

reimbursement after December 1, 1990. For all such
23

positions approved for reimbursement before December 1,
24

1990, the counties shall be reimbursed $1,250 per month
25

beginning July 1, 1995, and an additional $250 per month
26

beginning each July 1st thereafter until the positions

SB2865
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LRB104 16710 RLC 30115 b
1

receive 100% salary reimbursement. Allocation of such
2

positions will be based on comparative need considering
3

capacity, staff/resident ratio, physical plant and
4

program.
5

(d) $1,000 per month for salaries for the remaining
6

probation officer positions engaged in basic services and
7

new or expanded services. All such positions shall be
8

approved by the division in accordance with this Act and
9

division standards.
For all positions approved for
10

reimbursement under this paragraph (d), of the total
11

statewide number as of July 1, 2023, beginning on July 1,
12

2027, 20% of that number shall be transferred to paragraph
13

(b), requiring 100% salary reimbursement. Each subsequent
14

July 1, another 20% of the July 1, 2023 population shall be
15

transferred to paragraph (b) until there are no positions
16

left under this paragraph (d).

17

(e)
(Blank).

100% of the travel expenses in accordance
18

with Division standards for all Probation positions
19

approved under paragraph (b) of subsection 4 of this
20

Section.
21

(f) If the amount of funds reimbursed to the county
22

under paragraphs (a) through (e) of subsection 4 of this
23

Section on an annual basis is less than the amount the
24

county had received during the 12 month period immediately
25

prior to the effective date of this amendatory Act of
26

1985, then the Division shall reimburse the amount of the

SB2865
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LRB104 16710 RLC 30115 b
1

difference to the county. The effect of paragraph (b) of
2

subsection 7 of this Section shall be considered in
3

implementing this supplemental reimbursement provision.
4

(5) The Division shall provide funds beginning on April 1,
5
1987 for the counties to provide Individualized Services and
6
Programs as provided in Section 16 of this Act.
7

(6) A Probation and Court Services Department in order to
8
be eligible for the reimbursement must submit to the Supreme
9
Court an application containing such information and in such a
10
form and by such dates as the Supreme Court may require.
11
Departments to be eligible for funding must satisfy the
12
following conditions:
13

(a) The Department shall have on file with the Supreme
14

Court an annual Probation plan for continuing, improved,
15

and new Probation and Court Services Programs approved by
16

the Supreme Court or its designee. This plan shall
17

indicate the manner in which Probation and Court Services
18

will be delivered and improved, consistent with the
19

minimum standards and regulations for Probation and Court
20

Services, as established by the Supreme Court. In counties
21

with more than one Probation and Court Services Department
22

eligible to receive funds, all Departments within that
23

county must submit plans which are approved by the Supreme
24

Court.
25

(b) The annual probation plan shall seek to generally
26

improve the quality of probation services and to reduce

SB2865
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LRB104 16710 RLC 30115 b
1

the commitment of adult offenders to the Department of
2

Corrections and to reduce the commitment of juvenile
3

offenders to the Department of Juvenile Justice and shall
4

require, when appropriate, coordination with the
5

Department of Corrections, the Department of Juvenile
6

Justice, and the Department of Children and Family
7

Services in the development and use of community
8

resources, information systems, case review and permanency
9

planning systems to avoid the duplication of services.
10

(c) The Department shall be in compliance with
11

standards developed by the Supreme Court for basic, new
12

and expanded services, training, personnel hiring and
13

promotion.
14

(d) The Department shall in its annual plan indicate
15

the manner in which it will support the rights of crime
16

victims and in which manner it will implement Article I,
17

Section 8.1 of the Illinois Constitution and in what
18

manner it will coordinate crime victims' support services
19

with other criminal justice agencies within its
20

jurisdiction, including but not limited to, the State's
21

Attorney, the Sheriff and any municipal police department.
22

(7) No statement shall be verified by the Supreme Court or
23
its designee or vouchered by the Comptroller unless each of
24
the following conditions have been met:
25

(a) The probation officer is a full-time employee
26

appointed by the Chief Judge to provide probation services

SB2865
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LRB104 16710 RLC 30115 b
1

or a part-time employee who serves as a detention officer.
2

(b) The probation officer, in order to be eligible for
3

State reimbursement, is receiving a salary of at least
4

$17,000 per year, unless serving as a part-time detention
5

officer.
6

(c) The probation officer is appointed or was
7

reappointed in accordance with minimum qualifications or
8

criteria established by the Supreme Court; however, all
9

probation officers appointed prior to January 1, 1978,
10

shall be exempted from the minimum requirements
11

established by the Supreme Court. Payments shall be made
12

to counties employing these exempted probation officers as
13

long as they are employed in the position held on the
14

effective date of this amendatory Act of 1985. Promotions
15

shall be governed by minimum qualifications established by
16

the Supreme Court.
17

(d) The Department has an established compensation
18

schedule approved by the Supreme Court. The compensation
19

schedule shall include salary ranges with necessary
20

increments to compensate each employee. The increments
21

shall, within the salary ranges, be based on such factors
22

as bona fide occupational qualifications, performance, and
23

length of service. Each position in the Department shall
24

be placed on the compensation schedule according to job
25

duties and responsibilities of such position. The policy
26

and procedures of the compensation schedule shall be made

SB2865
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LRB104 16710 RLC 30115 b
1

available to each employee.
2

(8) In order to obtain full reimbursement of all approved
3
costs, each Department must continue to employ at least the
4
same number of probation officers and probation managers as
5
were authorized for employment for the fiscal year which
6
includes January 1, 1985. This number shall be designated as
7
the base amount of the Department. No positions approved by
8
the Division under paragraph (b) of subsection 4 will be
9
included in the base amount. In the event that the Department
10
employs fewer Probation officers and Probation managers than
11
the base amount for a period of 90 days, funding received by
12
the Department under subsection 4 of this Section may be
13
reduced on a monthly basis by the amount of the current
14
salaries of any positions below the base amount.
15

(9) Before the 15th day of each month, the treasurer of any
16
county which has a Probation and Court Services Department, or
17
the treasurer of the most populous county, in the case of a
18
Probation or Court Services Department funded by more than one
19
county, shall submit an itemized statement of all approved
20
costs incurred in the delivery of Basic Probation and Court
21
Services under this Act to the Supreme Court. The treasurer
22
may also submit an itemized statement of all approved costs
23
incurred in the delivery of new and expanded Probation and
24
Court Services as well as Individualized Services and
25
Programs. The Supreme Court or its designee shall verify
26
compliance with this Section and shall examine and audit the

SB2865
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LRB104 16710 RLC 30115 b
1
monthly statement and, upon finding them to be correct, shall
2
forward them to the Comptroller for payment to the county
3
treasurer. In the case of payment to a treasurer of a county
4
which is the most populous of counties sharing the salary and
5
expenses of a Probation and Court Services Department, the
6
treasurer shall divide the money between the counties in a
7
manner that reflects each county's share of the cost incurred
8
by the Department.
9

(10) The county treasurer must certify that funds received
10
under this Section shall be used solely to maintain and
11
improve Probation and Court Services. The county or circuit
12
shall remain in compliance with all standards, policies and
13
regulations established by the Supreme Court. If at any time
14
the Supreme Court determines that a county or circuit is not in
15
compliance, the Supreme Court shall immediately notify the
16
Chief Judge, county board chairman and the Director of Court
17
Services Chief Probation Officer. If after 90 days of written
18
notice the noncompliance still exists, the Supreme Court shall
19
be required to reduce the amount of monthly reimbursement by
20
10%. An additional 10% reduction of monthly reimbursement
21
shall occur for each consecutive month of noncompliance.
22
Except as provided in subsection 5 of Section 15, funding to
23
counties shall commence on April 1, 1986. Funds received under
24
this Act shall be used to provide for Probation Department
25
expenses including those required under Section 13 of this
26
Act. The Mandatory Arbitration Fund may be used to provide for

SB2865
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LRB104 16710 RLC 30115 b
1
Probation Department expenses, including those required under
2
Section 13 of this Act.
3

(11) The respective counties shall be responsible for
4
capital and space costs, fringe benefits, clerical costs,
5
equipment, telecommunications, postage, commodities and
6
printing.
7

(12) For purposes of this Act only, probation officers
8
shall be considered peace officers. In the exercise of their
9
official duties, probation officers, sheriffs, and police
10
officers may, anywhere within the State, arrest any
11
probationer who is in violation of any of the conditions of his
12
or her probation, conditional discharge, or supervision, and
13
it shall be the duty of the officer making the arrest to take
14
the probationer before the Court having jurisdiction over the
15
probationer for further order.
16
(Source: P.A. 102-699, eff. 4-19-22.)

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