SR0255 97TH GENERAL ASSEMBLY

SR0255 LRB097 12131 RLC 56170 r

SENATE RESOLUTION

WHEREAS, The Illinois Disproportionate Justice Impact Study Commission was created in October of 2008 by Public Act 95-995, in response to evidence of disproportionately high rates of drug-related arrests, sentences, and incarceration among minority communities in Illinois; and

WHEREAS, The Illinois Disproportionate Justice Impact Study Commission was charged to study the nature and extent of the harm caused to minority communities through the practical application of State drug laws; and

WHEREAS, The Illinois Disproportionate Justice Impact Study Commission was directed to offer recommendations to address the disproportionate impact that even seemingly neutral laws can have on minority communities; and

WHEREAS, The Illinois Disproportionate Justice Impact Study Commission conducted original research with data provided by the Illinois State Police and the Office of the Clerk of Cook County, reviewed Illinois' drug laws, and reviewed academic and professional literature on the consequences of high rates of incarceration; and

WHEREAS, The Illinois Disproportionate Justice Impact Study Commission held public hearings in Chicago, Joliet and East St. Louis, Illinois, in 2010, receiving the opinions and recommendations of citizens from all walks of life, including elected officials, researchers, service providers, policy experts, and formerly incarcerated persons; and

WHEREAS, Based on the research it conducted and the information it received, the Illinois Disproportionate Justice Impact Study Commission issued its Final Report to the General Assembly in December, 2010, containing the Commission's recommendations intended to increase fairness and equality in the dispensation of justice relative to drug-related offenses and to mitigate the impact of disproportionate involvement in the criminal justice system among minority communities; and

WHEREAS, The Illinois Disproportionate Justice Impact Study Commission made, as its Recommendation 3, the recommendation that Illinois should review its "drug-free zone laws", including the accomplishment of their intended purpose together with their potential unintended consequences; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that there is created a Drug-Free Zone Laws Task Force; and be it further

RESOLVED, That the Task Force shall have 8 voting members who shall serve without compensation and shall be appointed as follows:

(1) 2 members of the Senate, appointed by the President of the Senate, one of whom shall be chosen by the President of the Senate to serve as the Chairperson;

(2) 2 members of the public, appointed by the President of the Senate;

(3) 2 members of the Senate, appointed by the Senate Minority Leader; and

(4) 2 members of the public, appointed by the Senate Minority Leader; and be it further

RESOLVED, That all actions of the Task Force require the affirmative vote of at least 5 voting members; and be it further

RESOLVED, That the following persons shall serve without compensation as ex-officio, non-voting members of the Task Force:

(1) the Director of the Illinois Department of Corrections, or his or her designee;

(2) the Director of the Illinois Department of State Police, or his or her designee; and

(3) the Executive Director of the Illinois Criminal Justice Information Authority, or his or her designee; and be it further

RESOLVED, That the Center for Excellence in Criminal Justice at the Great Lakes Addiction Technology Transfer Center at Jane Addams College of Social Work at the University of Illinois at Chicago shall provide staff and administrative support services to the Task Force; and be it further

RESOLVED, That the Task Force shall hold one or more public hearings, at which public testimony shall be heard, regarding the practical impact of Illinois' "drug-free zone laws", specifically Section 407 of the Illinois Controlled Substances Act; and be it further

RESOLVED, That the Task Force shall review existing and new research evaluating:

(1) the actual effectiveness of Section 407 of the Illinois Controlled Substances Act with its stated intent of shielding children from drug sales; and

(2) the actual and potential unintended consequences of Section 407 of the Illinois Controlled Substances Act beyond its stated intent; and be it further

RESOLVED, That based on the testimony received and the research reviewed, the Task Force shall recommend specific amendments to Section 407 of the Illinois Controlled Substances Act to preserve its protective intent while mitigating its disproportionate impact on minority communities; and be it further

RESOLVED, That the Task Force shall report its findings and recommendations to the Governor and the General Assembly in a final report which shall be filed on or before January 1, 2013.