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Legal Staff News & Views Newsletter
May 2006

CRIMINAL LAW - EVIDENCE BASED PRACTICES

DuPage County and five other jurisdictions are serving as prototypes for the State on the implementation of the EBP (evidence based practice) model. The reason for EBP is simply a matter of money due to the burgeoning costs of new and expanded jails and prisons which are filled beyond capacity. Budget cuts compel the criminal justice system to manage offenders in the community without compromising public safety. EBP is described as a coherent framework of interdependent guiding principles each of which is supported by existing research to effectively manage probationers within the community and reduce recidivism. EBPs require specific desired outcomes, which are essential to achieving system improvement.

There are eight highly interdependent principles for effective offender interventions:

Developing and maintaining a complete system of ongoing offender risk screening and needs assessments. Identifying, measuring and targeting the risk factors will increase the effectiveness of the effort.
Reducing recidivism requires offenders to be motivated to change their behavior. Probation staff have been trained and are using advanced interviewing techniques to initiate and maintain behavior change in offenders.
Focusing on higher-risk offenders reduces overall recidivism and increases public safety. (a) Criminogenic needs are dynamic risk factors that are directly linked to criminal behavior and, when addressed or changed, affect the offender's risk for recidivism. (b) For example, antisocial attitudes, values and beliefs, low self-control, criminal peers, substance abuse and a dysfunctional family. (c) Providing appropriate pro-social structure and supervision is strategic. (d) Higher risk offenders require more structure and services particularly during the early months on probation. (e) Treatment, particularly cognitive behavior types, need to be applied as an integral part of the sentencing process. Conversely lower risk offenders should be diverted from the criminal justice and corrections systems whenever possible.
Provide skills training using cognitive behavioral treatment methods.
Increasing positive reinforcement has a pivotal role in behavior change. Offenders respond better to acknowledged or rewarded behaviors on a 4 to 1 basis.
On-going support from family members, spouses, and others in the offender's immediate environment to positively reinforce desired new behaviors.
A comprehensive evaluation component to measure intermediate and long-term outcomes.
The Illinois Criminal Justice Information Authority is compiling the research and several probation departments have already developed new performance appraisals regarding the changing role of probation.

Clearly this is an enormous undertaking. It is hoped that probation officers will be able to work effectively with probationers in this intervention program to reduce the amount of recidivism. As the saying goes... "the jury is still out on this one."

SUPREME COURT RULE CHANGES

To read or print any of the following changes from the Internet, go to "Illinois Supreme Court," click on "Supreme Court" then click on the rule you wish to read or print. Supreme Court Rules 900 through 941 are new and apply to family law-dissolutions, custody, etc. Any firm practicing in that area of law should become familiar with the new requirements. These are difficult to understand in the following form, however you will be able to note what changes have been made when you look at rule in full.

Amended Rule 181.
Makes minor gender changes to paragraphs (a), (b)(1)(2). Paragraph (b)(3) Small Claims increases the amount from $5,000 to $10,000. Effective immediately.

Amended Rule 222.
Adds to paragraph (c) Time for Disclosure; Continuing Duty. The parties shall make the initial disclosure required by this rule as fully as then possible in accordance with the time lines set for local rule, provided however that if no local rule has been established pursuant to Rule 89 then within 102 days after the filing of a responsive pleading... Effective 7/1/06.

New Rule 299. Compensation for Attorneys Appointed to Represent Indigent Parties. Paragraph (a) establishes standard for compensation. (b) sets hourly rate. (c) determines maximum amount of compensation. (d) waiving maximum amounts; payment in excess of any maximum amount... Effective 7/1/06.

Corrected Rule 312.
Corrects Appellant's Docketing Statement. Illinois Supreme Court web site provides a form for reference. Effective immediately.

Amended Rule 315. Leave to Appeal From the Appellate Court to the Supreme Court.
Paragraph (b) Time; (formerly "Contents"). ...changes time line from 21 days to 35 days. Paragraph (c)(2) Contents. Reads as follows: a statement of the date upon which the judgement was entered; whether a petition for rehearing was filed and, if so, the date of the denial of the petition or the date of the judgment on rehearing. (3) a statement of the points relied upon in asking for Supreme Court to review the judgment of the Appellate Court. (6) an appendix which shall include a copy of the opinion or order of the Appellate Court and any documents from the record which are deemed necessary to the consideration of the petition. Effective 7/1/06.

Amended Rule 317. Appeals from the Appellate Court to the Supreme Court as of Right.
Adds ...statute of the United States or of this state has been held invalid or in which a question... Effective 7/1/06.

Amended Rule 368. Issuance, Stay, and Recall of Mandates From Reviewing Court.
(a) Issuance; Stay on Petition for Rehearing. Changes time lines. (b) Stay When Review by Supreme Court is Sought. Omits: ...either files in the Appellate Court an affidavit, which may be executed by the party or by the party's attorney, that the party in good faith intends to seek such review of or...

Amended Rule 451. Instructions.
Merely amends the IPI 2nd edition to 4th edition and adds item (g) Proceedings When an Enhanced Sentence is Sought. Effective 7/1/06.

Amended Rule 604. Appeals from Certain Judgments and Orders.
Paragraphs (a)-(f) remain the same. Adds: (g) Appeal From an Order Granting a Motion to Disqualify Defense Counsel. The defendant may petition for leave to appeal to the Appellate Court from an order of the circuit court granting a motion to disqualify the attorney for the defendant based on a conflict of interest. Effective 7/1/06.

Amended Rule 711. Representation by Supervised Senior Law Students or Graduates.
Adds: (2) ...For purposes of this rule, a law school graduate is defined as any individual not yet licensed to practice law in any jurisdiction. Effective immediately.

NEW ARTICLE IX.

CHILD CUSTODY PROCEEDINGS PART A. Rules of general application to child custody proceedings.

PART B. Child custody proceedings under the Illinois Marriage and Dissolution of Marriage Act and the Illinois Parentage Act of 1984.

PART C. Child custody proceedings under Articles II, III, and IV of the Juvenile Court Act of 1987. Establishes Rule 900 to 941. Effective 7/1/06.

HELPFUL HINTS...

Hate cleaning ashes out of the fireplace? Place a sheet of aluminum foil under the grate. Just remove the grate and fold the ashes into the foil and discard.

To dust between creases or between hard to reach places, spray End Dust on the bristles of a paint brush to clean places where a dustcloth can't reach.

Trying to hammer small nails can be hard on the fingers. Use needle nose pliers to hold the nail, or push the nail through a heavy piece of paper or aluminum foil then tear it off once the nail is set, or cut the eraser end of a pencil from the top down to the metal edge, insert the nail between the two pieces of the eraser and hammer until nail is set.

Did you know that battery powered emergency lighting, as you see in commercial buildings, is available for home use. They will provide up to 90 minutes of lighting. Keep them plugged into an electrical current and they will come on automatically in the event of a power failure and recharge themselves when the power comes back on. The units run from $30 to $60 available at home supply stores.

WHAT'S COOKIN'...

Blueberry Scones

3 Cups Buttermilk Baking Mix 2 Tbs. Granulated sugar
1 Cup Fresh or frozen berries 1/4 Cup Milk
2 Eggs

Preheat oven 400 degrees. Combine baking mix, 2 tablespoons sugar and blueberries. Beat eggs and milk together with a fork then stir into baking mix until moistened (dough will be crumbly). Turn dough onto a lightly floured surface and pat into a 9 inch round, about ½ inch thick. Brush with a beaten egg and sprinkle with 2 tablespoons of sugar. Cut into 12 wedges. Place on an ungreased cookie sheet and bake for 10 to 12 minutes or golden brown.

WHAT'S UP...

June is the beginning of berry season. Check out these farms for a family outing the kids can enjoy too: Guelde's Strawberries www.gueldestrawberries.com Earlville, IL; Thompson Strawberry Farm, www.thompsonstrawberryfarm.com Bristol, WI; McCann Berry Farm, Woodstock, IL 815-568-8810
For blueberries go to www.pickyourown.org and click on Chicago area. Be sure to phone first!

Contributions to For Your Eyes Only and BarSmarts are most welcome!
Please contact Gloria Norton at the Bar Center.