96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3087


 
Introduced 2/8/2010, by Sen. Kwame Raoul
 
SYNOPSIS AS INTRODUCED:
 		





 


              



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


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


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


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


25 ILCS 70/7
  from Ch. 63, par. 42.87


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


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








     Amends the Correctional Budget and Impact Note Act.  Provides that a Correctional Budget and Impact Note must be affixed to a bill that creates a new criminal offense for which a
commitment to the Department of Juvenile Justice may be imposed.  Provides that within 5 days after receiving the statement from the appropriate official who prepared the Note and prior to second reading in the house of introduction, the sponsor shall file with the Clerk of the House or the Secretary of the Senate, as appropriate, a written statement identifying the sponsor's preferred means of funding the costs to be incurred by the legislation.  Provides that the required identification shall be made either by specifying (i) the additional tax or other revenue source from which an amount equal to the costs identified are to be generated or (ii) the specific line item or items in the budget for the current fiscal year that would be reduced or eliminated to reach an amount equal to the costs identified.
  















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A BILL FOR









 




  






SB3087

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1
    AN ACT concerning State government.
  
 
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    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:
  
 
 
4
    Section 5. The Correctional Budget and Impact Note Act is 
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amended  by changing Sections 2, 3, 4, 6, 7, 8, and 9 as 
6
follows:
 



7
    (25 ILCS 70/2)  (from Ch. 63, par. 42.82)



8
    Sec. 2. Budget impact note required. 

9
    (a) Every bill which creates a new criminal offense for 
10
which a
sentence to the Department of Corrections may be 
11
imposed; or which enhances
any class or category of offense to 
12
a higher grade or penalty for which a
sentence to the 
13
Department of Corrections is authorized; or which requires
a 
14
mandatory commitment to the Department of Corrections, shall 
15
have prepared
for it prior to second reading in the house of 
16
introduction a brief explanatory
statement or note which shall 
17
include a reliable estimate of the probable
impact of such bill 
18
upon the overall resident population of the Department
of 
19
Corrections and the probable impact which such bill will have 
20
upon the
Department's annual budget.

21
    (b) Every bill that (i) creates a new criminal offense for 
22
which a
commitment to the Department of Juvenile Justice or to 
23
a juvenile detention facility, sentence of probation,

 


 






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intermediate sanctions, or community service may be imposed or 
2
(ii) enhances
any class or category of offense to any grade or 
3
penalty for which
adjudication, commitment, or disposition by a 
4
circuit court to the custody of
a Probation and Court Services 
5
Department may result shall have prepared for it
prior to

6
second reading in the house of introduction a brief explanatory 
7
statement or
note that shall include a reliable estimate of the 
8
probable impact of the bill
upon the Department of Juvenile 
9
Justice, as well as the overall probation caseload Statewide 
10
and the probable impact the bill
will have on staffing needs 
11
and upon the annual budgets of the Illinois Supreme
Court and 
12
the counties of this State.

13
(Source: P.A. 89-198, eff. 7-21-95.)

 



14
    (25 ILCS 70/3)  (from Ch. 63, par. 42.83)



15
    Sec. 3. Preparation of note. 
16
    (a) Upon the filing request of the sponsor of any bill 
17
described in subsection
(a) of Section 2, the Director of the 
18
Department of Corrections, or any person
within the Department 
19
whom the Director may designate, shall prepare a written

20
statement setting forth the information specified in 
21
subsection (a) of Section
2.  Upon the filing request of the 
22
sponsor of any bill described in subsection (b) of
Section 2, 
23
the Director of Juvenile Justice and the Director of the 
24
Administrative Office of the Illinois
Courts, or any person 
25
each the Director may designate, shall prepare a written

 


 






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

3
    The statement prepared by the Director of Corrections, the 
4
Director of Juvenile Justice, or the Director of the

5
Administrative Office of the Illinois Courts, as the case may 
6
be, shall be
designated a Correctional Budget and Impact Note 
7
and shall be filed with the Clerk of the House or the Secretary 
8
of the Senate, as appropriate, and furnished to the
sponsor 
9
within 10 calendar days thereafter, except that whenever, 
10
because of
the complexity of the bill, additional time is 
11
required for the preparation
of the note, the Department of 
12
Corrections, Department of Juvenile Justice, or Administrative 
13
Office of the
Illinois Courts may so notify the sponsor and 
14
request an extension of time not
to exceed 5 additional days 
15
within which such note is to be furnished.  Such
extension shall 
16
not extend beyond May 15 following the date of the request.

17
    (b) Upon the filing of any bill requiring the preparation 
18
of a written statement under subsection (a), the sponsor of the 
19
bill in the house of introduction shall inform the Department 
20
of Corrections, the Department of Juvenile Justice or the 
21
Administrative Office of the Illinois Courts, as appropriate, 
22
of the filing of the bill. 
23
(Source: P.A. 92-16, eff. 6-28-01.)

 



24
    (25 ILCS 70/4)  (from Ch. 63, par. 42.84)



25
    Sec. 4. Preferred funding source. Within 5 days after 
 


 






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receiving the statement required in Section 3 and prior to 
2
second reading in the house of introduction, the sponsor shall 
3
file with the Clerk of the House or the Secretary of the 
4
Senate, as appropriate, a written statement identifying the 
5
sponsor's preferred means of funding the costs to be incurred 
6
by the legislation.  The required identification shall be made 
7
either by specifying (i) the additional tax or other revenue 
8
source from which an amount equal to the costs identified are 
9
to be generated or (ii) the specific line item or items in the 
10
budget for the current fiscal year that would be reduced or 
11
eliminated to reach an amount equal to the costs identified. 
12
Whenever the sponsor of any measure is of the opinion that
no 
13
Correctional Budget and Impact Note is necessary, any member of 
14
either
house may thereafter request that a note be obtained, 
15
and in such case the
matter shall be decided by a majority vote 
16
of those present and voting in
the house of which he is a 
17
member.

18
(Source: P.A. 83-1031.)

 



19
    (25 ILCS 70/6)  (from Ch. 63, par. 42.86)



20
    Sec. 6. Preparation of note. No comment or opinion shall be 
21
included in the note with regard
to the merits of the measure 
22
for which the note is prepared; however technical
or mechanical 
23
defects may be noted.

24
    The work sheet shall include, insofar as practicable, a 
25
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 
2
personnel, room and board, and capital outlay.
The note shall 
3
also include such other information as is required by the
rules 
4
and regulations which may be promulgated by each house of the 
5
General
Assembly with respect to the preparation of such notes.

6
    The note shall be prepared in quintuplicate and the 
7
original of both the
note and the work sheet shall be signed by 
8
the Director of the Department
of Corrections or such person as 
9
the Director may designate, or by the Director of Juvenile 
10
Justice, or such person as the Director may designate, or by 
11
the
Director
of the Administrative Office of the
Illinois 
12
Courts, or any person the Director may designate.

13
(Source: P.A. 89-198, eff. 7-21-95.)

 



14
    (25 ILCS 70/7)  (from Ch. 63, par. 42.87)



15
    Sec. 7. Committee appearance. The fact that a Correctional 
16
Budget and Impact Note is prepared
for any bill shall not 
17
preclude or restrict the appearance before any committee
of the 
18
General Assembly, of any official or authorized employee of any 
19
State
board, commission, department, agency or other entity who 
20
desires to be heard
in support of or in opposition to the 
21
measure.

22
(Source: P.A. 83-1031.)

 



23
    (25 ILCS 70/8)  (from Ch. 63, par. 42.88)



24
    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 
2
it within the description of bills set forth
in Section 2 
3
above, a majority of such house may propose that no action

4
shall be taken upon the amendment until the sponsor of the 
5
amendment presents
to the members a statement of the budget (if 
6
applicable) and population impact of his or her amendment, 
7
together with a statement of the sponsor's preferred funding 
8
sources under Section 4,
as required by this Act.

9
(Source: P.A. 83-1031.)

 



10
    (25 ILCS 70/9)  (from Ch. 63, par. 42.89)



11
    Sec. 9. Confidentiality before introduction. The subject 
12
matter of bills submitted to the Director of the
Department of 
13
Corrections, the Director of Juvenile Justice, or the Director 
14
of the Administrative Office of
the Illinois Courts shall be 
15
kept in strict confidence and no information
relating thereto 
16
or relating to the budget or impact thereof shall be divulged

17
by an official or employee of the Department or the 
18
Administrative Office of
the Illinois Courts, except to the 
19
bill's sponsor or his designee, prior
to the bill's 
20
introduction in the General Assembly.

21
(Source: P.A. 92-16, eff. 6-28-01.)