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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. This Act may be referred to as the SAFE Zone | ||||||||||||||||||||||||||||||
5 | Law. | ||||||||||||||||||||||||||||||
6 | Section 5. Legislative findings. | ||||||||||||||||||||||||||||||
7 | (a) The General Assembly finds that some communities of | ||||||||||||||||||||||||||||||
8 | this State are ravaged by violence and that a substantial and | ||||||||||||||||||||||||||||||
9 | disproportionate amount of serious crimes are committed by | ||||||||||||||||||||||||||||||
10 | persons who unlawfully possess firearms. In many of these | ||||||||||||||||||||||||||||||
11 | communities, there is high unemployment and poverty fueled by | ||||||||||||||||||||||||||||||
12 | incarceration and other barriers to employment after release. | ||||||||||||||||||||||||||||||
13 | Aggressive and tailored approaches to address these outcomes | ||||||||||||||||||||||||||||||
14 | are required. | ||||||||||||||||||||||||||||||
15 | (b) The General Assembly finds that violence should be | ||||||||||||||||||||||||||||||
16 | viewed as a public health crisis that requires identifying and | ||||||||||||||||||||||||||||||
17 | building on community assets leading to investment in job | ||||||||||||||||||||||||||||||
18 | creation, housing, employment training, child care, healthcare | ||||||||||||||||||||||||||||||
19 | and other services. | ||||||||||||||||||||||||||||||
20 | (c) To carry out this intent, the General Assembly declares | ||||||||||||||||||||||||||||||
21 | the following purposes of this Law: | ||||||||||||||||||||||||||||||
22 | (1) to protect communities from gun violence through | ||||||||||||||||||||||||||||||
23 | targeted intervention programs, including economic growth |
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1 | and improving family violence prevention, community trauma | ||||||
2 | treatment rates, gun injury victim services, and public | ||||||
3 | health prevention activities; | ||||||
4 | (2) to substantially reduce both the total amount of | ||||||
5 | gun violence and concentrated poverty in this State; | ||||||
6 | (3) to intervene with persons who violate gun | ||||||
7 | possession laws in a risk-responsive manner that decreases | ||||||
8 | the likelihood of any future violent incidents and equips | ||||||
9 | those who have previously violated gun laws to live | ||||||
10 | responsibly and safely; and | ||||||
11 | (4) to promote employment infrastructure in community | ||||||
12 | areas with the highest concentrations of gun violence and | ||||||
13 | unemployment due to incarceration and resulting criminal | ||||||
14 | records. | ||||||
15 | (d) The ability of children, teenagers, and young adults to | ||||||
16 | participate freely in education, employment, and civic life | ||||||
17 | without any exposure to illegal weapons or gun violence, | ||||||
18 | facilitating their safe and economically stable future | ||||||
19 | prospects, shall be the central purpose of any initiatives | ||||||
20 | included in this Law. | ||||||
21 | Section 15. The Illinois Criminal Justice Information Act | ||||||
22 | is amended by adding Sections 7.3, 7.3-2, and 7.3-5 as follows: | ||||||
23 | (20 ILCS 3930/7.3 new) | ||||||
24 | Sec. 7.3. Safe and full employment zones. Within 60 days |
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1 | after the effective date of this amendatory Act of the 101st | ||||||
2 | General Assembly, the Authority shall identify those | ||||||
3 | geographic areas eligible to be designated by the Safe and Full | ||||||
4 | Employment Coordinating Board as a Safe and Full Employment | ||||||
5 | Zone ("SAFE Zone"), as outlined in subsection (c) of Section | ||||||
6 | 7.3-2. | ||||||
7 | (a) Qualifications for a SAFE Zone are as follows: | ||||||
8 | (1) An area of extremely high gun violence and economic | ||||||
9 | destabilization shall be qualified to become a SAFE Zone | ||||||
10 | where, based on analysis of concentrated geographic areas, | ||||||
11 | by census tract if possible, that area: | ||||||
12 | (A) contains high gunshot hospitalization and | ||||||
13 | mortality per capita; and | ||||||
14 | (B) contains a high rate of returning citizens | ||||||
15 | following incarceration at the Department of | ||||||
16 | Corrections. | ||||||
17 | The Authority shall send to the Legislative Audit Commission | ||||||
18 | and make publicly available its analysis and development of the | ||||||
19 | SAFE Zones and shall reevaluate and re-designate SAFE Zones | ||||||
20 | every 4 years. | ||||||
21 | (b) Prioritization of spending in SAFE Zones shall be as | ||||||
22 | follows: | ||||||
23 | (1) In the first full fiscal year after the effective | ||||||
24 | date of this amendatory Act of the 101st General Assembly, | ||||||
25 | the Department of Human Services, Department of Public | ||||||
26 | Health, Department of Juvenile Justice, Illinois Criminal |
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1 | Justice Information Authority, Department of Commerce and | ||||||
2 | Economic Opportunity, Department of Healthcare and Family | ||||||
3 | Services, to the extent permitted by federal law, and other | ||||||
4 | relevant State agencies as designated by the Governor and | ||||||
5 | the Safe and Full Employment Coordinating Board as defined | ||||||
6 | in Section 7.3-2 shall give first priority, within the | ||||||
7 | agency granting authority, to programs providing services | ||||||
8 | that are effective in violence reduction and trauma | ||||||
9 | recovery for SAFE Zones. Federal, State, and local spending | ||||||
10 | on job creation, housing, employment training, child care, | ||||||
11 | healthcare and services to combat community disinvestment | ||||||
12 | that breeds violence shall be prioritized in SAFE Zones. | ||||||
13 | The Governor shall include and outline SAFE Zone spending | ||||||
14 | in his or her annual State budget submitted under Section | ||||||
15 | 50-5 of the State Budget Law. | ||||||
16 | (2) For the first 2 fiscal years after the effective | ||||||
17 | date of this amendatory Act of the 101st General Assembly, | ||||||
18 | the goal for funding is no less than 5% if otherwise | ||||||
19 | permitted under federal law. Beginning the third fiscal | ||||||
20 | year after the effective date of this amendatory Act of the | ||||||
21 | 101st General Assembly, and every fiscal year thereafter, | ||||||
22 | the prioritization to SAFE Zones shall be no less than 5% | ||||||
23 | if otherwise permitted under federal law. The | ||||||
24 | prioritization to SAFE Zones shall in no case be more than | ||||||
25 | 20% of current programmatic funding if otherwise permitted | ||||||
26 | under federal law. |
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1 | (c) The Authority may adopt rules to implement the SAFE | ||||||
2 | Zone provisions under this Act. | ||||||
3 | (20 ILCS 3930/7.3-2 new) | ||||||
4 | Sec. 7.3-2. Safe and Full Employment Coordinating Board. | ||||||
5 | (a) In this Section, "public health approach" means | ||||||
6 | addressing violence and violence prevention by treating the | ||||||
7 | individual and community symptoms and causes of violence | ||||||
8 | through rigorously researched methods. Treatment shall include | ||||||
9 | multi-tiered and interdisciplinary approaches involving | ||||||
10 | stakeholders from diverse sectors, including the people | ||||||
11 | impacted by violence, public agencies, and community-based | ||||||
12 | organizations. | ||||||
13 | (a-5) There is created a Safe and Full Employment | ||||||
14 | Coordinating Board. The Board shall be composed of the | ||||||
15 | following members: | ||||||
16 | (1) the Governor, or his or her designee, who shall | ||||||
17 | serve as chair; | ||||||
18 | (2) the Director of Corrections, or his or her | ||||||
19 | designee; | ||||||
20 | (3) the Director of Revenue, or his or her designee; | ||||||
21 | (4) the Director of Juvenile Justice, or his or her | ||||||
22 | designee; | ||||||
23 | (5) the Director of Healthcare and Family Services, or | ||||||
24 | his or her designee; | ||||||
25 | (6) the Secretary of Human Services, or his or her |
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1 | designee; | ||||||
2 | (7) the Director of Public Health, or his or her | ||||||
3 | designee; | ||||||
4 | (8) the Director of Commerce and Economic Opportunity, | ||||||
5 | or his or her designee; | ||||||
6 | (9) the Director of Employment Security, or his or her | ||||||
7 | designee; | ||||||
8 | (10) the Director of State Police, or his or her | ||||||
9 | designee; | ||||||
10 | (11) the Director of the Governor's Office of | ||||||
11 | Management and Budget, or his or her designee; | ||||||
12 | (12) the Director of the Illinois Criminal Justice | ||||||
13 | Information Authority, or his or her designee; | ||||||
14 | (13) the Attorney General, or his or her designee; | ||||||
15 | (14) a member of the Senate, designated by the | ||||||
16 | President of the Senate; | ||||||
17 | (15) a member of the House of Representatives, | ||||||
18 | designated by the Speaker of the House of Representatives; | ||||||
19 | (16) a member of the Senate, designated by the Minority | ||||||
20 | Leader of the Senate; and | ||||||
21 | (17) a member of the House of Representatives, | ||||||
22 | designated by the Minority Leader of the House of | ||||||
23 | Representatives. | ||||||
24 | (b) Within 30 days after SAFE Zones have been designated, | ||||||
25 | the following shall be added as members of the Board: | ||||||
26 | (1) the highest elected public officials of all |
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1 | counties and municipal geographic jurisdictions in the | ||||||
2 | State which include a SAFE Zone; | ||||||
3 | (2) 6 providers from 6 geographically distinct areas of | ||||||
4 | the State, who receive funds to deliver services to treat | ||||||
5 | violence including, but not limited to, services such as | ||||||
6 | job placement and training, educational services, and | ||||||
7 | workforce development programming, appointed by the | ||||||
8 | Secretary of Human Services, in coordination with the | ||||||
9 | Illinois Criminal Justice Information Authority; and | ||||||
10 | (3) 2 persons who, within 24 months prior to being | ||||||
11 | designated, have received services from the providers | ||||||
12 | designated in paragraph (2) of this subsection (b), as | ||||||
13 | designated by those service providers. | ||||||
14 | (c) The Board shall meet quarterly and be staffed by the | ||||||
15 | Governor's Office of Management and Budget. Within 4 months | ||||||
16 | after the effective date of this amendatory Act of the 101st | ||||||
17 | General Assembly, the Board shall develop and implement a plan | ||||||
18 | for designating SAFE Zones under Section 7.3 and the selection | ||||||
19 | process for Local Economic Growth Councils under Section 7.3-5. | ||||||
20 | Within 4 months from the date the last Council plan is | ||||||
21 | submitted and approved, the Board shall issue a statewide plan | ||||||
22 | to implement the re-prioritization of funding under subsection | ||||||
23 | (b) of Section 7.3. The plan shall follow a public health | ||||||
24 | approach. | ||||||
25 | (d) The Board shall deliver an annual report to the General | ||||||
26 | Assembly and to the Governor and be posted on Governor's Office |
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1 | and General Assembly's websites and provide to the public an | ||||||
2 | annual report on its progress. | ||||||
3 | (e) The Board shall monitor and collect data on | ||||||
4 | intermediate and long-term positive outcome measures for its | ||||||
5 | statewide plan and include that information in the annual | ||||||
6 | report to the General Assembly, Governor, and the public | ||||||
7 | beginning on December 31, 2020. | ||||||
8 | (f) There shall be a formal evaluation of the SAFE Zone Act | ||||||
9 | implementation and outcomes every 4 years conducted by a public | ||||||
10 | university selected by the Safe and Full Employment | ||||||
11 | Coordinating Board. The evaluation shall reflect the outcomes | ||||||
12 | incorporated and measured in each Council plan and also | ||||||
13 | statewide positive outcomes to be measured for at least 4 | ||||||
14 | years. The report shall be sent to the Governor and the General | ||||||
15 | Assembly and be posted on each website. | ||||||
16 | (g) The Board is subject to the Freedom of Information Act | ||||||
17 | and the Open Meetings Act. | ||||||
18 | (20 ILCS 3930/7.3-5 new) | ||||||
19 | Sec. 7.3-5. SAFE Zone Local Economic Growth Councils. | ||||||
20 | (a) The design of programs and budget requirements in SAFE | ||||||
21 | Zones shall be developed by Local Economic Growth Councils. | ||||||
22 | Each Local Economic Growth Council shall be supported by | ||||||
23 | technical assistance provided by the State agencies mandated to | ||||||
24 | provide services under Sections 7.3 and 7.3-2 and by the | ||||||
25 | Governor's Office of Management and Budget. |
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1 | (b) The process for the selection of members of the Local | ||||||
2 | Economic Growth Councils shall be designed by the SAFE | ||||||
3 | Coordinating Board, to permit maximum community participation | ||||||
4 | and to result in Councils comprised of residents of the | ||||||
5 | community who reflect the assets and strengths of the SAFE | ||||||
6 | Zone. | ||||||
7 | (c) Each Local Economic Growth Council shall be established | ||||||
8 | within 4 months of the effective date of this amendatory Act of | ||||||
9 | the 101st General Assembly and be composed of a minimum of 20 | ||||||
10 | members and no more than 25 members as representatives who live | ||||||
11 | within the SAFE Zone. | ||||||
12 | (d) Within 6 months after being established, each Local | ||||||
13 | Economic Growth Council shall establish a 2-year plan and | ||||||
14 | budget to address violence, reduce inappropriate | ||||||
15 | incarceration, and expand economic opportunity within the SAFE | ||||||
16 | Zone. The plan shall follow a public health approach and shall | ||||||
17 | include positive outcome measures for persons benefiting from | ||||||
18 | SAFE Zone investments, community asset outcomes, and include | ||||||
19 | ways to track those outcomes over at least 4 years. That plan | ||||||
20 | shall be reviewed and approved, or amended after agreement | ||||||
21 | between the Local Economic Growth Council and the Safe and Full | ||||||
22 | Employment Coordinating Board. | ||||||
23 | (e) Each Local Economic Growth Council is subject to the | ||||||
24 | Freedom of Information Act and the Open Meetings Act. | ||||||
25 | Section 20. The Unified Code of Corrections is amended by |
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1 | changing Section 5-6-3.6 as follows: | ||||||
2 | (730 ILCS 5/5-6-3.6) | ||||||
3 | (Section scheduled to be repealed on January 1, 2023) | ||||||
4 | Sec. 5-6-3.6. First Time Weapon Offender Program. | ||||||
5 | (a) The General Assembly has sought to promote public | ||||||
6 | safety, reduce recidivism, and conserve valuable resources of | ||||||
7 | the criminal justice system through the creation of diversion | ||||||
8 | programs for non-violent offenders. This amendatory Act of the | ||||||
9 | 100th General Assembly establishes a pilot program for | ||||||
10 | first-time, non-violent offenders charged with certain weapons | ||||||
11 | offenses. The General Assembly recognizes some persons, | ||||||
12 | particularly young adults in areas of high crime or poverty, | ||||||
13 | may have experienced trauma that contributes to poor decision | ||||||
14 | making skills, and the creation of a diversionary program poses | ||||||
15 | a greater benefit to the community and the person than | ||||||
16 | incarceration. Under this program, a court, with the consent of | ||||||
17 | the defendant and the State's Attorney, may sentence a | ||||||
18 | defendant charged with an unlawful use of weapons offense under | ||||||
19 | Section 24-1 of the Criminal Code of 2012 or aggravated | ||||||
20 | unlawful use of a weapon offense under Section 24-1.6 of the | ||||||
21 | Criminal Code of 2012, if punishable as a Class 4 felony or | ||||||
22 | lower, to a First Time Weapon Offender Program. | ||||||
23 | (b) A defendant is not eligible for this Program if: | ||||||
24 | (1) the offense was committed during the commission of | ||||||
25 | a violent offense as defined in subsection (h) of this |
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1 | Section; | ||||||
2 | (2) he or she has previously been convicted or placed | ||||||
3 | on probation or conditional discharge for any violent | ||||||
4 | offense under the laws of this State, the laws of any other | ||||||
5 | state, or the laws of the United States; | ||||||
6 | (3) he or she had a prior successful completion of the | ||||||
7 | First Time Weapon Offender Program under this Section; | ||||||
8 | (4) he or she has previously been adjudicated a | ||||||
9 | delinquent minor for the commission of a violent offense; | ||||||
10 | (5) he or she is 21 years of age or older; or | ||||||
11 | (6) he or she has an existing order of protection | ||||||
12 | issued against him or her. | ||||||
13 | (b-5) In considering whether a defendant shall be sentenced | ||||||
14 | to the First Time Weapon Offender Program, the court shall | ||||||
15 | consider the following: | ||||||
16 | (1) the age, immaturity, or limited mental capacity of | ||||||
17 | the defendant; | ||||||
18 | (2) the nature and circumstances of the offense; | ||||||
19 | (3) whether participation in the Program is in the | ||||||
20 | interest of the defendant's rehabilitation, including any | ||||||
21 | employment or involvement in community, educational, | ||||||
22 | training, or vocational programs; | ||||||
23 | (4) whether the defendant suffers from trauma, as | ||||||
24 | supported by documentation or evaluation by a licensed | ||||||
25 | professional; and | ||||||
26 | (5) the potential risk to public safety. |
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1 | (c) For an offense committed on or after the effective date | ||||||
2 | of this amendatory Act of the 100th General Assembly and before | ||||||
3 | January 1, 2023, whenever an eligible person pleads guilty to | ||||||
4 | an unlawful use of weapons offense under Section 24-1 of the | ||||||
5 | Criminal Code of 2012 or aggravated unlawful use of a weapon | ||||||
6 | offense under Section 24-1.6 of the Criminal Code of 2012, | ||||||
7 | which is punishable as a Class 4 felony or lower, the court, | ||||||
8 | with the consent of the defendant and the State's Attorney, | ||||||
9 | may, without entering a judgment, sentence the defendant to | ||||||
10 | complete the First Time Weapon Offender Program. When a | ||||||
11 | defendant is placed in the Program, the court shall defer | ||||||
12 | further proceedings in the case until the conclusion of the | ||||||
13 | period or until the filing of a petition alleging violation of | ||||||
14 | a term or condition of the Program. Upon violation of a term or | ||||||
15 | condition of the Program, the court may enter a judgment on its | ||||||
16 | original finding of guilt and proceed as otherwise provided by | ||||||
17 | law. Upon fulfillment of the terms and conditions of the | ||||||
18 | Program, the court shall discharge the person and dismiss the | ||||||
19 | proceedings against the person. | ||||||
20 | (d) The Program shall be at least 18 months and not to | ||||||
21 | exceed 24 months, as determined by the court at the | ||||||
22 | recommendation of the program administrator and the State's | ||||||
23 | Attorney. | ||||||
24 | (e) The conditions of the Program shall be that the | ||||||
25 | defendant: | ||||||
26 | (1) not violate any criminal statute of this State or |
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1 | any other jurisdiction; | ||||||
2 | (2) refrain from possessing a firearm or other | ||||||
3 | dangerous weapon; | ||||||
4 | (3) obtain or attempt to obtain employment; | ||||||
5 | (4) attend educational courses designed to prepare the | ||||||
6 | defendant for obtaining a high school diploma or to work | ||||||
7 | toward passing high school equivalency testing or to work | ||||||
8 | toward completing a vocational training program; | ||||||
9 | (5) refrain from having in his or her body the presence | ||||||
10 | of any illicit drug prohibited by the Methamphetamine | ||||||
11 | Control and Community Protection Act, the Cannabis Control | ||||||
12 | Act, or the Illinois Controlled Substances Act, unless | ||||||
13 | prescribed by a physician, and submit samples of his or her | ||||||
14 | blood or urine or both for tests to determine the presence | ||||||
15 | of any illicit drug; | ||||||
16 | (6) perform a minimum of 50 hours of community service; | ||||||
17 | (7) attend and participate in any Program activities | ||||||
18 | deemed required by the Program administrator, including | ||||||
19 | but not limited to: counseling sessions, in-person and over | ||||||
20 | the phone check-ins, and educational classes; and | ||||||
21 | (8) pay all fines, assessments, fees, and costs. | ||||||
22 | (f) The Program may, in addition to other conditions, | ||||||
23 | require that the defendant: | ||||||
24 | (1) wear an ankle bracelet with GPS tracking; | ||||||
25 | (2) undergo medical or psychiatric treatment, or | ||||||
26 | treatment or rehabilitation approved by the Department of |
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1 | Human Services; and | ||||||
2 | (3) attend or reside in a facility established for the | ||||||
3 | instruction or residence of defendants on probation. | ||||||
4 | (g) There may be only one discharge and dismissal under | ||||||
5 | this Section. If a person is convicted of any offense which | ||||||
6 | occurred within 5 years subsequent to a discharge and dismissal | ||||||
7 | under this Section, the discharge and dismissal under this | ||||||
8 | Section shall be admissible in the sentencing proceeding for | ||||||
9 | that conviction as evidence in aggravation. | ||||||
10 | (g-5) The Program shall be implemented by the Safe and Full | ||||||
11 | Employment Coordinating Board established under Section 7.3-2 | ||||||
12 | of the Illinois Criminal Justice Information Act. | ||||||
13 | (h) For purposes of this Section, "violent offense" means | ||||||
14 | any offense in which bodily harm was inflicted or force was | ||||||
15 | used against any person or threatened against any person; any | ||||||
16 | offense involving the possession of a firearm or dangerous | ||||||
17 | weapon; any offense involving sexual conduct, sexual | ||||||
18 | penetration, or sexual exploitation; violation of an order of | ||||||
19 | protection, stalking, hate crime, domestic battery, or any | ||||||
20 | offense of domestic violence. | ||||||
21 | (i) This Section is repealed on January 1, 2023.
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22 | (Source: P.A. 100-3, eff. 1-1-18 .) | ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law. |