Sen. Kwame Raoul
Filed: 3/24/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1865 




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    AMENDMENT NO. ______. Amend Senate Bill 1865 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Correctional Budget and Impact Note Act is 
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amended  by changing Sections 2, 3, 4, 6, 8, and 9 as follows:
 



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    (25 ILCS 70/2)  (from Ch. 63, par. 42.82)



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    Sec. 2. Budget impact note required. 

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    (a) Every bill which creates a new criminal offense for 
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which a
sentence to the Department of Corrections may be 
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imposed; or which enhances
any class or category of offense to 
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a higher grade or penalty for which a
sentence to the 
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Department of Corrections is authorized; or which requires
a 
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mandatory commitment to the Department of Corrections, shall 
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have prepared
for it prior to second reading in the house of 
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introduction a brief explanatory
statement or note which shall 
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include a reliable estimate of the probable
impact of such bill 
 


 






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upon the overall resident population of the Department
of 
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Corrections and the probable impact which such bill will have 
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upon the
Department's annual budget.

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    (b) Every bill that (i) creates a new criminal offense for 
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which a
commitment to the Department of Juvenile Justice or to 
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a juvenile detention facility, sentence of probation,

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intermediate sanctions, or community service may be imposed or 
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(ii) enhances
any class or category of offense to any grade or 
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penalty for which
adjudication, commitment, or disposition by a 
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circuit court to the custody of
a Probation and Court Services 
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Department may result shall have prepared for it
prior to

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second reading in the house of introduction a brief explanatory 
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statement or
note that shall include a reliable estimate of the 
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probable impact of the bill
upon the Department of Juvenile 
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Justice, as well as the overall probation caseload Statewide 
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and the probable impact the bill
will have on staffing needs 
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and upon the annual budgets of the Illinois Supreme
Court and 
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the counties of this State.

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(Source: P.A. 89-198, eff. 7-21-95.)

 



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    (25 ILCS 70/3)  (from Ch. 63, par. 42.83)



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    Sec. 3. Preparation of note. 
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    (a) Upon the filing request of the sponsor of any bill 
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described in subsection
(a) of Section 2, the Director of the 
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Department of Corrections, or any person
within the Department 
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whom the Director may designate, shall prepare a written

 


 






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statement setting forth the information specified in 
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subsection (a) of Section
2.  Upon the filing request of the 
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sponsor of any bill described in subsection (b) of
Section 2, 
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the Director of Juvenile Justice and the Director of the 
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Administrative Office of the Illinois
Courts, or any person 
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each the Director may designate, shall prepare a written

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statement setting forth the information specified in 
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subsection (b) of Section
2.

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    The statement prepared by the Director of Corrections, 
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Director of Juvenile Justice, or Director of
Administrative 
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Office of the Illinois Courts, as the case may be, shall be

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designated a Correctional Budget and Impact Note and shall be 
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filed with the Clerk of the House or the Secretary of the 
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Senate, as appropriate, and furnished to the
sponsor within 10 
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calendar days thereafter, except that whenever, because of
the 
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complexity of the bill, additional time is required for the 
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preparation
of the note, the Department of Corrections, 
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Department of Juvenile Justice, or Administrative Office of the

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Illinois Courts may so notify the sponsor and request an 
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extension of time not
to exceed 5 additional days within which 
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such note is to be furnished.  Such
extension shall not extend 
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beyond May 15 following the date of the request.

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    (b) Upon the filing of any bill requiring the preparation 
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of a written statement under subsection (a), the sponsor of the 
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bill in the house of introduction shall inform the Department 
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of Corrections, the Department of Juvenile Justice, and the 
 


 






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Administrative Office of the Illinois Courts of the filing of 
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the bill. 
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(Source: P.A. 92-16, eff. 6-28-01.)

 



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    (25 ILCS 70/4)  (from Ch. 63, par. 42.84)



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    Sec. 4. Preferred funding source. Within 5 days after 
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receiving the statement required in Section 3, the sponsor 
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shall file with the Clerk of the House or the Secretary of the 
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Senate, as appropriate, a written statement identifying the 
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sponsor's preferred means of funding the costs to be incurred 
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by the legislation. The required identification shall be made 
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either by specifying (i) the additional tax or other revenue 
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source from which an amount equal to the costs identified are 
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to be generated or (ii) the specific line item or items in the 
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budget for the current fiscal year that would be reduced or 
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eliminated to reach an amount equal to the costs identified. 
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Whenever the sponsor of any measure is of the opinion that
no 
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Correctional Budget and Impact Note is necessary, any member of 
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either
house may thereafter request that a note be obtained, 
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and in such case the
matter shall be decided by a majority vote 
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of those present and voting in
the house of which he is a 
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member.

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(Source: P.A. 83-1031.)

 



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    (25 ILCS 70/6)  (from Ch. 63, par. 42.86)



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    Sec. 6. Preparation of note. No comment or opinion shall be 
 


 






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included in the note with regard
to the merits of the measure 
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for which the note is prepared; however technical
or mechanical 
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defects may be noted.

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    The work sheet shall include, insofar as practicable, a 
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breakdown of the
costs upon which the note is based.  Such 
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breakdown shall include, but need
not be limited to, costs of 
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personnel, room and board, and capital outlay.
The note shall 
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also include such other information as is required by the
rules 
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and regulations which may be promulgated by each house of the 
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General
Assembly with respect to the preparation of such notes.

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    The note shall be prepared in quintuplicate and the 
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original of both the
note and the work sheet shall be signed by 
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the Director of the Department
of Corrections or such person as 
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the Director may designate, by the Director of Juvenile 
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Justice, or such person as the Director may designate, or by 
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the
Director
of the Administrative Office of the
Illinois 
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Courts, or any person the Director may designate.

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(Source: P.A. 89-198, eff. 7-21-95.)

 



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    (25 ILCS 70/8)  (from Ch. 63, par. 42.88)



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    Sec. 8. Amendments; notes required. Whenever any measure is 
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amended on the floor of either house
in such manner as to bring 
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it within the description of bills set forth
in Section 2 
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above, a majority of such house may propose that no action

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shall be taken upon the amendment until the sponsor of the 
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amendment presents
to the members a statement of the budget and 
 


 






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population impact of his or her amendment,
as required by this 
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Act.

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(Source: P.A. 83-1031.)

 



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    (25 ILCS 70/9)  (from Ch. 63, par. 42.89)



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    Sec. 9. Confidentiality before introduction. The subject 
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matter of bills submitted to the Director of the
Department of 
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Corrections, the Director of Juvenile Justice, or the Director 
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of the Administrative Office of
the Illinois Courts shall be 
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kept in strict confidence and no information
relating thereto 
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or relating to the budget or impact thereof shall be divulged

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by an official or employee of the Department or the 
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Administrative Office of
the Illinois Courts, except to the 
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bill's sponsor or his designee, prior
to the bill's 
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introduction in the General Assembly.

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(Source: P.A. 92-16, eff. 6-28-01.)".