Commissioner Suffredin's Cook County Board Legislative Library
for more info visit www.suffredin.org


Cook County Jail Diversion Pilot Program

Print Page
Close Window

Summary
Suffredin's Commentary
Activity Log
Full Text of Legislation
Disclaimer

Date Introduced: 6/21/2005
Date Passed:
11/1/2005

Sponsors:
Collins
Co-Sponsors:
Suffredin

Summary:

This is a pilot program designed to help find alternatives to simple incarceration for mentally ill and drug-addicted offenders accused of violating misdemeanors and minor felonies. It establishes a mentally ill crisis center and an advisory panel to oversee the effectiveness of the program.


Activity Log:

7/12/2005
Referred to the Committee of Health and Hospitals, Public Health Subcommittee.

Full Text of Legislation:

COOK COUNTY JAIL DIVERSION PILOT PROGRAM

FOR ADULTS AND YOUTH ORDINANCE

 

TABLE OF CONTENTS:

 

Article I.         General Provisions

                        Section 1.1        Short Title

                        Section 1.2        Preamble

 

Article II.        Definitions

                        Section 2.1        Definitions

 

Article III.      Creation of Cook County Jail Diversion Pilot Program

                        Section 3.1        Purpose

Section 3.2        Scope of Services

                        Section 3.3        Target Population

                        Section 3.4        Eligibility

                        Section 3.5        Jail Diversion

                        Section 3.6        Crisis Intervention Training

                        Section 3.7        Confidentiality

                        Section 3.8        Reporting

                       

Article IV.       Program Prerequisites

Section 4.1        Intergovernmental Agreement

                        Section 4.2        Funding

                                   

Article V.        Advisory Panel

                        Section 5.1        Purpose

                        Section 5.2        Structure

                        Section 5.3        Responsibilities of Advisory Panel

 

Article VI.       Establishment of Databases

                        Section 6.1        Establishment of Databases

 

Article VII.     Evaluations

                        Section 7.1        Police Evaluations

                        Section 7.2        Performance Measurements

 

Article VIII.    Applicability

 

Article IX.       Severability

 

Article X.        Effective Date


 

05-O-44

ORDINANCE

Sponsored by

THE HONORABLE EARLEAN COLLINS, LARRY SUFFREDIN,

PRESIDENT JOHN H. STROGER JR. AND JOSEPH MARIO MORENO

COUNTY COMMISSIONERS

Co-Sponsored by

THE HONORABLE JERRY BUTLER, FORREST CLAYPOOL, JOHN P. DALEY,

ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN, CARL R. HANSEN,

ROBERTO MALDONADO, JOAN PATRICIA MURPHY, ANTHONY J. PERAICA,

MIKE QUIGLEY, PETER N. SILVESTRI, DEBORAH SIMS AND BOBBIE L. STEELE

COUNTY COMMISSIONERS

 

ARTICLE I

GENERAL PROVISIONS

 

Section 1.1      Short Title

 

This Ordinance shall be cited and known as the “Cook County Jail Diversion Pilot Program For Adults and Youth”.

 

Section 1.2      Preamble

 

WHEREAS, the County of Cook is a home rule unit of government as defined in Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, and as such may exercise any power and perform any function pertaining to its government and affairs; and

 

WHEREAS, Cook County has an ongoing responsibility for protecting the health and safety of its residents and remains committed to public service that is efficient, equitable and accountable; and

 

WHEREAS, approximately 15% of the jail population is diagnosed with mental illness and if coupled with the population suffering with substance abuse disorder the number increases to approximately 60%.  The rate of recidivism for those not receiving service intervention ranges from 60-70%; and

 

WHEREAS, for each non-violent offender who is diverted from incarceration Cook County saves an estimated $1,800/per month by avoiding the cost of prosecution and court expenses not including the cost of healthcare; and


 

 

WHEREAS, it has been documented that the number of arrests, the length of jail time, as well as hospital stays among the mentally ill are substantially reduced when diversionary measures are employed that provide appropriate assessment and treatment as an alternative to incarceration; and

 

WHEREAS, some diversionary methods are currently employed and among the most successful are the Mental Health court, the Drug Court, the Juvenile Delinquency Screening Diversion and small programs initiated at some of Chicago’s local police districts; and

 

WHEREAS, the establishment of a Cook County Jail Diversion Pilot Program, in partnership with the State of Illinois, local law enforcement, and community based mental health and social service providers, will reduce Cook County’s jail population and improve the quality of mental healthcare in Cook County.

 

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND COOK COUNTY BOARD OF COMMISSIONERS TO ESTABLISH A COOK COUNTY JAIL DIVERSION PILOT PROGRAM FOR MENTALLY ILL AND/OR MENTALLY ILL WITH CO-OCCURRING SUBSTANCE ABUSE DISORDER ARRESTEES.

 

ARTICLE II

DEFINITIONS

 

Section 2.1      Definitions

 

For purposes of this Ordinance whenever any of the following words, terms or definitions are used they shall have the meaning ascribed to them in this section:

 

Appropriate Authorities:  The Circuit Court of Cook County, the State’s Attorney of Cook County, the Sheriff of Cook County, the Public Defender of Cook County, and local law enforcement.

 

Case Management: The process of assisting and monitoring target population detainees in achieving their individualized treatment plan consistent with their diversion plans.

 

Community Based Mental Health Service Providers:  Mental Health Service Providers working within local organization and health facilities.

 

Co-occurring Substance Abuse Disorder:  Mentally ill detainees with addictions to alcohol, drugs and/or other chemical substances (M.I.S.A.).

 

Crisis Intervention:  To safely intervene with people in crisis in order to stabilize a crisis situation while minimizing the risk of harm to the individual and all persons involved.


 

 

Diversion: A program that diverts target population detainees from jail in accordance with standardized procedures established by the Advisory Board in conjunction with the appropriate authorities, the detainee and/or their legal representative. 

 

Diversion Plan:  An individualized community based treatment and supportive service plan as an alternative to incarceration with a focus on minimizing repeat unlawful conduct.  

 

Diverted Detainee:  A target population detainee who is approved by the appropriate authorities for Diversion. 

 

Felony:  An offense for which a sentence to death or to a term of imprisonment in a penitentiary for one year or more is provided. (720 ILCS 5/2-7)

 

Class 4 Felony:  An offense for which a sentence to a term of imprisonment of 1 to 3 years in a penitentiary and/or a fine of up to $25,000 or the amount specified in the offense, whichever is greater, may be imposed. (730 ILCS 5/5-8-1 & 730 ILCS 5/5-9-1)

 

Mental Health Assessment:  An examination by a licensed Mental Health Service Provider and, if applicable, by a Substance Abuse Service Provider.

 

Mental Health Service Providers:  Mental Health Service Providers with expertise in providing comprehensive psychological, emotional and/or psychiatric services, in accordance with the Illinois Mental Health and Developmental Disabilities Code, 405 ILCS 5/1 et seq., and consistent with standards adopted by recognized professional mental health service provider associations including the Illinois Psychological Association.

 

Mentally Ill: Persons who have been clinically diagnosed with a mental illness including persons with co-occurring substance abuse disorder.

 

Misdemeanor:  Any offense for which a sentence to a term of imprisonment, other than to a penitentiary, for less than one year may be imposed (720 ILCS 5/2-11):

 

Class A:  An offense for which a sentence to a term of imprisonment, other than in a penitentiary, of up to 1 year and/or a fine of up to $25,000 or the amount specified in the offense, whichever is greater, may be imposed. (730 ILCS 5/5-9-1 and 730 ILCS 5/5-8-3)

 

Class B:  An offense for which a sentence to a term of imprisonment, other than in a penitentiary, of up to 6 months and/or a fine of up to $1,500 or the amount specified in the offense, whichever is greater, may be imposed.  (730 ILCS 5/5-9-1 and 730 ILCS 5/5-8-3)

 

Class C:  An offense for which a sentence to a term of imprisonment, other than in a penitentiary, of up to 30 days and/or a fine of up to $1,500 or the amount specified in the offense, whichever is greater, may be imposed.  (730 ILCS 5/5-9-1 and 730 ILCS 5/5-8-3)

 

Post Booking Diversion:  Diversion agreed to by the State’s Attorney’s Office after the arrest of a Detainee as an alternative to prosecution.

 

Pre-Booking Diversion:  Diversion agreed to by local law enforcement authorities prior to any formal charges being filed against a detainee.


 

 

Provider:  A Mental Health Service Provider or a Substance Abuse Service Provider.

 

Special Court:  Cook County Mental Health Court.

 

Substance Abuse Service Providers:  Individuals in local organizations and health facilities with expertise in providing comprehensive assessments and treatment services in accordance with the Alcoholism and Other Drug Abuse and Dependency Act, 20 ILCS 301/1 et seq., as administered by the Illinois Department of Human Services, formerly known as the Illinois Department of Alcoholism and Substance Abuse. 

 

Target Population Detainees:  People with mental illness, including those with co-occurring substance abuse disorder, with a primary focus on offenders within the jurisdiction of agreed upon police districts within the City of Chicago and the Village of Maywood, the jurisdiction of the Juvenile Court and misdemeanor courts of the District 4, Maywood courthouse of the Circuit Court of Cook County and the jurisdiction of the Mental Health Court located at the Criminal Court Building in the City of Chicago.

 

Third Party Health Coverage:  Health coverage provided by a public or private reimbursement program including but not limited to Medicaid or Medicare.  

 

 

ARTICLE III

CREATION OF COOK COUNTY JAIL DIVERSION PILOT PROGRAM

 

Section 3.1      Purpose

 

The purposes of the Cook County Jail Diversion Pilot Program are to:

 

A.         Improve public safety by establishing partnerships and cooperative working relationships between state, federal and local units of government and community based service providers for the housing and treatment of the mentally ill population in Cook County.

 

B.         Provide mentally ill offenders with improved access to the appropriate assessment and treatment services.

 

C.         Reduce rates of recidivism among mentally ill offenders.

 

D.         Reduce the jail population in Cook County.

 

E.         Assist in maintaining compliance with the federal consent decree on jail overcrowding.

 

F.         Afford equal access to all people, without regard to race, color, sex, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, source of income, housing, or any other protected category established by law, to alternatives to incarceration.

 

G.         Improve positive relationships between target population citizens and law enforcement officers.


 

 

H.         Ease the financial burden on Cook County taxpayers for the cost of treatment for the aforementioned population in the Cook County correctional system.

 

 

Section 3.2      Scope of Program 

 

The Cook County Board of Commissioners call upon persons responsible for the administration of the criminal justice system with Cook County and the officials and community service providers responsible for mental health services in the State of Illinois to work together to develop improved and expanded diversion programs for person suffering from mental illness and mental illness with co-occurring substance abuse disorder on a pilot program basis in order to determine how such programs might be expanded to promote treatment as an alternative to incarceration on a broader scale within Cook County.

 

A.                 Assessments.  Detainees who are considered for diversion must agree to undergo an individualized mental health and physical evaluation and assessment and to accept referrals for appropriate services including housing and case management.  The program must be designed to reduce the number of mentally ill detainees entering into the Cook County Jail and afford greater opportunities for crisis intervention and essential supportive services. 

 

B.                 Provider Service Standards.  To the extent possible, Mental Health and Substance Abuse Disorder Service Providers who participate in the jail diversion program shall be those who are already receiving funds from Federal, State, County, and/or Local units of governments for Mental Health and Substance Abuse Disorder services.  All Cook County funding for such services, if any, shall be performance based and any renewal shall be contingent upon the quality and quantity of service rendered the previous year.  Each participating Diverted Detainee must have an individualized service plan which shall be developed by a licensed professional in the State of Illinois in the field of mental health and substance abuse disorder.  This plan must be in collaboration with the appropriate law enforcement officials and the criminal justice system when applicable.  The treatment plan shall be consistent with the Illinois Mental Health and Developmental Disabilities Code, 405 ILCS 5/1 et seq., and standards adopted by recognized professional mental health service provider associations including the Illinois Psychological Association, and the Illinois Department of Human Services.

 

C.                 Regional Crisis Resources for Law Enforcement.  A Regional 24-hour crisis intervention resource center, operated by a lead agency, shall be established to be utilized by local law enforcement when there is no available service in the impacted area.  The crisis center shall assist local law enforcement, including any law enforcement crisis intervention teams, when called upon to stabilize a crisis situation involving a mentally ill offender.  The crisis center and the crisis intervention team shall be subject to funding by the intergovernmental agreement established in accordance with provisions set forth in Article IV, Funding and Intergovernmental Agreement.

 

D.                 Third Party Health Care Reimbursement Sources.  In those cases where a Diverted Detainee does not have a source of third party health coverage, the Cook County Bureau of Health Services shall make every concerted effort to assist the Diverted Detainee in making application for any third party health care reimbursement.

 


 

 

Section 3.3      Target Population

 

Cook County’s Jail Diversion Pilot Program shall focus on the following categories of Detainees with a primary focus on offenders within the jurisdiction of agreed upon police districts within the City of Chicago and the Village of Maywood, the jurisdiction of the Juvenile Court and misdemeanor courts of the District 4, Maywood Courthouse of the Circuit Court of Cook County and the jurisdiction of the Mental Health Court located at the Criminal Court Building in the City of Chicago:

 

A.                Mentally ill Detainees detained for Class A, B and C misdemeanors which are nonviolent.

 

B.                 Mentally ill Detainees detained for non-violent Class 4 felony offenses.

 

 

Section 3.4      Eligibility

 

For pre-booking jail diversion there is no mandatory requirement that a Diverted Detainee first plead guilty to an offense prior to participating in a diversion program.

 

 

Section 3.5      Types of Jail Diversion Programs

 

This jail diversion pilot program is designed to strengthen existing jail diversion efforts which are currently used by some local law enforcement officials such as station adjustments, peer juries, special courts, and other alternatives to incarceration.

 

A.        This Jail Diversion Pilot Program will include four types of Diversion, each of which shall be subject to the approval of the appropriate authorities and have agreed-upon conditions by all parties involved, the agreement shall be tailored to particular circumstances, for which Diverted Detainees shall be held accountable.  The four categories of Diversion are as follows:

 

(1)   Pre-booking Diversion:

Pre-booking Diversion may be sought by local law enforcement for mentally ill detainees, booked for Class B and C misdemeanors, as often as possible.  The arresting officer shall be the first line of contact and shall be encouraged to take the following basic steps prior to any official charges for minor and/or nuisance crimes:

 

a.      Attempt to resolve any crisis without harm to the suspect, general public, or law enforcement officials.

b.      Refer directly to a hospital or treatment center when appropriate.

c.      Contact parent or guardian if mentally ill detainee is under seventeen.

d.      Evaluate the situation and determine if the suspect is potentially divertible.

e.      Determine if detainee can be sent to his or her residence under conditions agreed upon by law enforcement, detainee, parent(s) or guardian, and the victim of the crime.

f.       Contact a Community Based Mental Health Service Provider when appropriate for proper assessment and referral for services.

g.      If no Community Based Mental Health Service Provider is available contact the 24-hour regional crisis center for crisis intervention.

h.      In cases where the detainee has caused injury to a person or damage to one’s property, the appropriate authorities shall be encourage to explore all efforts for restitution as a condition of Pre-Booking Diversion.

i.        Complete a detailed incident report.

 

(2)  Post-Booking Diversion:

This category of Diversion may be sought by the State’s Attorney for mentally ill detainees who are detained for crimes that constitute Class A misdemeanors and Class 4 felonies and which are nonviolent.  The State’s Attorney may seek a pre-arraignment investigation which may include, but need not be limited to, assessment by a Mental Health Service Provider to determine whether the suspect is eligible for Diversion.  If a Diversion Plan is agreed upon by all parties involved, it may include a requirement that the Diverted Detainee adhere to an individualized treatment and service plan developed by an appropriate clinician, provision for restitution with respect to injuries or property damage caused by the Diverted Detainee and may identify a case manager who shall monitor the Diverted Detainee’s compliance with the Diversion Plan and report on such compliance as required in the Diversion Plan. 

 

(3) Pre-Trial Diversion to Special Courts:

This level shall continue to emphasize proper assessment and speedy trials for those detainees who have been diagnosed by the appropriate clinicians as being mentally ill or mentally ill with co-occurring substance abuse disorder.  If a detainee has been diagnosed as being mentally ill or mentally ill with co-occurring substance abuse disorder and is held over for trial the detainee shall have immediate access to the appropriate treatment services.  The case should be referred to the appropriate special courts for a speedy trial.  This category of Diversion is subject to the approval of the court.

 

(4) Post-Adjudication Diversion:

This category of Diversion is for persons adjudicated guilty of an offense by the courts.  In cases where a person has also been found, by a licensed clinician, as being mentally ill and it has been agreed on by the courts that a Diversion plan may be developed, that person shall be eligible for immediate treatment. 

 

This category of Diversion consists of dispositions in the Juvenile Court and the misdemeanor courts within the jurisdiction of the District 4, Maywood Courthouse of the Circuit Court of Cook County and the Mental Health Court.  In appropriate cases as ordered by the court, a Diversion Plan may be developed as a condition of a Defendant’s probation or supervision.  The court may consider assignment of a case manager to monitor the defendant’s compliance with the Diversion Plan and may require notification of the arresting law enforcement agency or other parties prior to the defendant’s release from custody or discharge from hospitalization for mental health or substance abuse treatment.

 

B.         Resumption of Prosecution.  Failure to comply with the Diversion Plan shall subject the Diverted Detainee to further prosecution.

 

 

Section 3.7      Crisis Intervention Training

 

The Intergovernmental Agreement shall explore funding and promotion of training opportunities for law enforcement and service providers with respect to crisis intervention involving persons with mental illness which shall include recognition of mental illness, knowledge of available local resources and the use of less than lethal force.


 

 

Section 3.8      Confidentiality

 

The rules of confidentiality, as set forth under the Illinois Mental Health and Developmental Disabilities Code and other applicable state, federal and local laws, shall be adhered to.

 

 

ARTICLE IV

PROGRAM PREREQUISITES

 

Section 4.1      Intergovernmental Agreement - Memorandum of Understanding

 

In order to implement the Jail Diversion Pilot Program, the Cook County Board of Commissioners requests that one or more Memoranda of Understanding (MOU) or Intergovernmental Agreements be developed between the appropriate authorities including, but not limited to, the County of Cook, the State of Illinois, the Circuit Court of Cook County, the State’s Attorney of Cook County, the Sheriff of Cook County and participating units of local government on behalf of their respective police departments.  The agreements shall address the following:

 

A.                The roles of the State of Illinois, the County of Cook, and community mental health (708) boards in funding and providing services for the Target Population Detainees in Cook County.

B.                 The feasibility of improved service coverage for Diverted Detainees through shared resources.

C.                 The establishment and funding of a 24-hour Crisis Intervention Center to assist police departments with crises involving mentally ill offenders.

D.                Standardized policies and procedures to ensure equal opportunity for all mentally ill and mentally ill with co-occurring substance abuse disorder population to participate in a diversion program not withstanding their place of residence.

 

Section 4.2      Funding

 

Mental Health and Substance Abuse Service Providers participating in the Cook County Jail Pilot Diversion Program shall seek reimbursement for their services from third party reimbursement sources (i.e. Kidcare, Medicare/Medicaid, and/or private insurance entities) and, where applicable, may be compensated through federal, state and local grants.  Subject to the appropriation and availability of funds and to the enactment of an ordinance establishing programmatic requirements, Cook County shall create a revolving loan fund program to assist Community Based Providers with cash flow problems resulting from delays in reimbursement for Diverted Detainees from third party reimbursement sources.  Service providers shall not be eligible to apply for a revolving loan fund unless reimbursement from the third party reimbursement source is at least 45 days late.

 


 

 

ARTICLE V

ADVISORY PANEL

 

Section 5.1      Purpose

 

The purpose of the Advisory Panel is to establish a strong advocacy and resource group to enhance Cook County’s effort to improve the quality of mental health services for the mentally ill population in Cook County and to reduce this population in our Cook County Jail.

 

The thirteen member panel shall be composed of persons with expertise in law enforcement, criminal justice, assessment and treatment of the mentally ill population.

 

 

Section 5.2      Structure

 

A thirteen-member Advisory Panel is established to report to the Board of Commissioners regarding the implementation and evaluation of the Cook County Jail Diversion Pilot Program.

 

The Advisory Panel shall consist of thirteen (13) members as follows: (1) appointed by the Chief Judge, (1) appointed by the Cook County Sheriff, (2) appointed by the State’s Attorney, (1) appointed by the Public Defender, (2) appointed by the City of Chicago, (1) appointed by the Village of Maywood, and (5) appointed by the President of the Cook County Board from among the following: (1) selected from the Bureau of Health Services, (1) selected from University of Illinois Jane Addams School of Social Work, (1) selected from Illinois Community Mental Health Providers Association, and (2) selected from a Consumer Organizations with (1) representing a mental health.  

 

This Advisory Panel’s composition will reflect the demographics of the County as a whole. The Panel shall select officers from among its membership. 

 

 

Section 5.3      Responsibilities of Advisory Panel

 

The Advisory Panel shall:

 

A.                 Recommend administrative policies and procedures for implementation of the Cook County Jail Diversion Program.

 

B.                 Identify current federal and state funding resources for services to the mentally ill Detainee population.

 

C.                 Develop a feasibility study to determine the availability of essential mental health and substance abuse disorder services at the community level to ensure a successful mental health diversion program for both youth and adults.

 

D.                 Recommend a structure for maximizing the use of existing resources and making them readily available to law enforcement for appropriate referrals.


 

 

E.                  Assist in establishing a collaborative relationship between the State of Illinois, County of Cook, local municipalities and local community based mental health and substance abuse disorder service providers with emphasis on mutual goals, shared responsibilities and benefits.

 

F.                  Review existing training curriculum for law enforcement officials and make recommendations for change to enhance their ability, where needed, to identify mentally ill detainees.

 

G.                 Establish criteria for measuring the outcome of the program.

 

H.                 Devise a plan for minimizing cost through service integration and coordination.

 

I.                    Lobby federal and state governments to improve funding resources for Jail Diversion Program services.

 

J.                   Request that the County apply for grants for support staff to the Advisory Panel.

 

K.                 Recommend procedures to ensure nondiscriminatory opportunities for Detainees to participate in a diversion program.

 

 

ARTICLE VI

ESTABLISHMENT OF DATABASES

 

Section 6.1      Establishment of Databases

 

Law Enforcement, the State’s Attorney’s Office and the Probation Department are requested to maintain a data base of information regarding persons who have been diverted by their respective agencies in order to assist in identifying “repeat” offenders who may have been previously diagnosed with a mental illness and/or mental illness with co-occurring substance abuse disorder.

 

 

ARTICLE VII

EVALUATIONS

 

Section 7.1      Police Evaluations

 

Law Enforcement is encouraged to include the following criteria for evaluation of police response to crises involving mentally ill offenders.  Evaluations of police responses should be consistently conducted on a case-by-case basis to determine the quality of the processes that law enforcement use to respond to mentally ill detainees.  Evaluation Criteria should include, but not be limited to, the following:

 

A.                Was there any significant violence or harm done to the subject, the general public or law enforcement officials during the process of apprehension?

 

B.                 Was the crisis resolved on the scene? At the police station? Or elsewhere?

 

C.                 Were family members alerted and included in the problem resolution process?

 

D.                Was the detainee transported or referred to the appropriate service provider when warranted?

 

E.                 Was the detainee formally incarcerated?  If so, for what length of time?

 

F.                  Did law enforcement take advantage of community-based resources and were the resources readily available as well as suitable for the situation?

 

G.                 Was this a “repeat encounter” with the detainee within a year, six months, 90 days, or 45 days?

 

 

Section 7.2      Performance Measurement Standards

 

In providing funding for Provider Services relating to mentally ill detainees, the County may consider:

 

A.                 Performance measurements for Mental Health Service Providers as recommended by the Cook County Bureau of Health Services consistent with the Illinois Mental Health and Developmental Disabilities Code and standards of professional organizations including, but not limited to, the Illinois Psychological Association and the National Association of Clinical Social Workers.

 

B.                 Performance measurements for Substance abuse service providers as recommended by the Cook County Bureau of Health Services consistent with standards as set forth by the Illinois Department of Human Services, formerly known as the Illinois Department of Alcoholism and Substance Abuse.

 

C.                 Performance Measurement criteria shall include, but shall not be limited to, the following:

 

1.       Case management.

2.       Total number of detainees seen per quarter.

3.       Number of appointments made by detainee and percentage of those kept.

4.       Documentation that confirms detainees living arrangements.

5.       The amount of periodic follow-up conducted with family-based detainees to determine if basic needs were being met.

6.       Current and accurate detainee records that are available for review by any appropriate governmental agency.

7.       Rate of recidivism.

8.       Progress report of the detainee’s efforts in accordance with the individualized treatment plan.

 

 

ARTICLE VIII
APPLICABILITY
 
As provided in Article VII, Section 6(c), of the State of Illinois Constitution of 1970, if this Ordinance conflicts with an ordinance of a municipality, the municipal ordinance shall prevail within the municipality.  This Ordinance shall be enforceable within the municipal jurisdiction to the extent permitted under the statutes and constitution of the State of Illinois and of the United States of America. 
 

Nothing in this Ordinance shall be construed to compel law enforcement officers, the State’s Attorney’s Office, the Public Defender’s Office, the Circuit Court of Cook County or any office or agency working with those offices in the administration of the criminal justice system to take any action which is inconsistent with the judgment and decisions of those offices or to act in a manner which is contrary to existing law.   To the extent that any provision of this Ordinance requires express statutory authorization, the approval of any official or requires an agreement between the affected parties, this Ordinance shall be contingent upon such statutory authorization, approval or agreement. 


 

 

ARTICLE IX
SEVERABILITY
 
If any article, paragraph, sentence, or clause of this Ordinance or the application thereof to any person is for any reason deemed to be invalid or unconstitutional, such decision shall not affect any remaining portion, section, or part thereof or application of this Ordinance to any person.
 
 
ARTICLE X
EFFECTIVE DATE
 

Section 10.1    Effective Date

 

A.         This Ordinance shall take effect immediately upon its passage.

 

B.         Within six weeks of the passage of this Ordinance an Advisory Panel shall be appointed and approved.

 

C.         The Jail Diversion Pilot Program shall take effect six months after the creation of the Advisory Panel.

 

D.         The Jail Diversion Pilot Program shall run for a period of 18 months.

 

E.         Within one year after the implementation of this Pilot Program, the Advisory Panel shall report to the Cook County Board of Commissioners regarding the number of arrestees diverted, the cost benefits to Cook County, the effectiveness and future viability of an expanded county wide jail diversion program.

 

Approved and adopted this 1st day of November 2005.

 

 

 

 

________________________________

JOHN H. STROGER, JR., President

Cook County Board of Commissioners

 

 

 

(S E A L)

 

 

 

 

Attest: 

 


Disclaimer:

The information contained in this web site is provided as a service to the community, and does not constitute legal advice. We try to provide the information as it is reflected in our records, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel or additional research of Cook County's laws and regulations.