offender's fitness to stand trial, likelihood of domestic violence, or sex offender's
patterns and habits. She stated that the court is unlikely to stop ordering these types of
evaluations. She explained that she has presented on numerous occasions that the
pretrial, probation, and juvenile detention staff is largely funded by the State of Illinois.
The County only needs to provide a benefits package to these employees. Aust stated
that this savings to the County will be forfeited when the County reduces State
subsidized headcount. Nonetheless, the proposed budget cuts are going to hurt. In
2017, the County Board paid for a Mandated Services Study, to ensure that the County
was as lean as possible. Aust urged the Committee to review this study. After
conducting the study, the County departments were found to be lean and were only
doing what the State was requiring of them. (Madam Chairman Pierog arrived remotely
at 9:04 a.m.) Aust noted that many of the study's recommendations on revenue and
expenses have not been implemented. She stated that the study found that Court
Services should take the following into account when considering budget cuts: judges
are under no requirement to stop ordering people to probation or pretrial services, and
just because the County reduces funding, these programs are subsidized by the State
and provide the County's only alternative to incarceration. Aust stated that Court
Services has continued to be a good steward of the money entrusted. Court Services
has returned excess funds to the General Fund, every year. Aust explained that the
elasticity of the budget has allowed her department to switch resources to crime and
offending patterns. In 2021, the Access to Justice Lab at Harvard Law School
evaluated Kane County's Court Services' Pretrial Risk Assessment. The Justice Lab
found that when offenders are ordered to pretrial services, their non-compliance for
both new offenses and failure to come to court, rates drop significantly. Aust explained
the outreach Court Services does in order to help these offenders, which saves the
County money. She stated that in 2022, the Probation Division had approximately 3K
offenders on probation and conditional discharge that Court Services were actively
supervising. That year, there were only 322 new offenses committed by that
population, which is a recidivism rate of less than 10%. Aust stated that her team is
constantly seeking the latest research to learn techniques that can be done to help
offenders. She explained that she does not know how they will absorb the proposed
budget cuts. Court Services must remain adequately staffed for the needs of the court.
Aust explained that she cannot cut her budget until she meets with the other Judiciary
Departments to make sure all of the statutory obligations are met. She stated that the
County and Judiciary, need to find a way to work together in order to minimize the
harm.
Public Defender Conant explained that the Committee will hear a lot about mandated
services and what Judiciary partners are required to provide. She stated that the Public
Defender position is the only position in the County that is mandated by the United
States Constitution. When the State of Illinois mandates legislation, such as the Safe-T
Act, it is the Public Defender attorneys who ensure that for every client the court
assigns them that their rights afforded by those mandates are carried out and have the
right to council. However, it is more than the right to council. The Kane County's Public
Defender's Office (PDO) strive to give is more than effective assistance of council.
Conant explained that state mandates, such as the Pre-Trial Fairness Act, have not
decreased caseloads, but have increased the workload. The requirements of this Act
have imposed duties similar to an appellate attorney. Conant summarized the impacts
of the Safe-T Act on the judicial system and public defenders. She stated that she has