SB0238sam001 100TH GENERAL ASSEMBLY

Sen. Patricia Van Pelt

Filed: 5/15/2018

10000SB0238sam001 LRB100 05158 SLF 40006 a

AMENDMENT TO SENATE BILL 238

AMENDMENT NO. ______. Amend Senate Bill 238 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the SAFE Act.

Section 5. Legislative findings.

(a) The General Assembly finds that some communities of this State are ravaged by violence and that a substantial and disproportionate amount of serious crimes are committed by persons who unlawfully possess firearms. In many of these communities, there is high unemployment and poverty fueled by incarceration and other barriers to employment after release. Aggressive and tailored approaches to address these outcomes are required.

(b) The General Assembly finds that violence should be viewed as a public health crisis that requires identifying and building on community assets leading to investment in job creation, housing, employment training, child care, healthcare and other services.

(c) To carry out this intent, the General Assembly declares the following purposes of this Act:

(1) to protect communities from gun violence through targeted intervention programs, including economic growth and improving family violence prevention, community trauma treatment rates, gun injury victim services, and public health prevention activities;

(2) to substantially reduce both the total amount of gun violence and concentrated poverty in this State;

(3) to intervene with persons who violate gun possession laws in a risk-responsive manner that decreases the likelihood of any future violent incidents and equips those who have previously violated gun laws to live responsibly and safely; and

(4) to promote employment infrastructure in community areas with the highest concentrations of gun violence and unemployment due to incarceration and resulting criminal records.

(d) The ability of children, teenagers, and young adults to participate freely in education, employment, and civic life without any exposure to illegal weapons or gun violence, facilitating their safe and economically stable future prospects, shall be the central purpose of any initiatives included in this Act.

Section 10. Definitions. In this Act:

"SAFE Zone" means a Safe and Full Employment Zone as designated under Section 7.3 of the Illinois Criminal Justice Information Authority Act.

Section 15. Population-based distribution. On and after January 1, 2019, funding formulas based on population shall include prisoners as residents based on the place where they resided before incarceration or the place they intend to return. SAFE Zones shall be prioritized for all State reimbursement and formula distributions.

Section 105. The Illinois Criminal Justice Information Act is amended by adding Sections 7.3, 7.3-2, and 7.3-5 as follows:

(20 ILCS 3930/7.3 new)

Sec. 7.3. Safe and full employment zones. Within 60 days after the effective date of this amendatory Act of the 100th General Assembly, the Authority shall identify those geographic areas eligible to be designated by the Safe and Full Employment Coordinating Board as a Safe and Full Employment Zone ("SAFE Zone"), as outlined in subsection (c) of Section 7.3-2 of this Act.

(a) Qualifications for a SAFE Zone are as follows:

(1) An area of extremely high gun violence and economic destabilization shall be qualified to become a SAFE Zone where, based on analysis of concentrated geographic areas, by census tract if possible, that area:

(A) contains high gunshot hospitalization and mortality per capita; and

(B) contains a high rate of returning citizens following incarceration at the Department of Corrections. The Authority shall send to the Legislative Audit Commission and make publicly available its analysis and development of the SAFE Zones and shall reevaluate and re-designate SAFE Zones every 4 years.

(b) Prioritization of spending in SAFE Zones shall be as follows:

(1) In the first full fiscal year after the effective date of this amendatory Act of the 100th General Assembly, the Department of Human Services, Department of Public Health, Department of Juvenile Justice, Illinois Criminal Justice Information Authority, Department of Commerce and Economic Opportunity, Department of Healthcare and Family Services, and other relevant State agencies as designated by the Governor and the Safe and Full Employment Coordinating Board as defined in Section 7.3-2 of this Act shall give first priority, within the agency granting authority, to programs providing services that are effective in violence reduction and trauma recovery for SAFE Zones. Federal, State, and local spending on job creation, housing, employment training, child care, healthcare and services to combat community disinvestment that breeds violence shall be prioritized in SAFE Zones. The Governor shall include and outline SAFE Zone spending in his or her annual State budget submitted under Section 50-5 of the State Budget Law.

(2) The prioritization shall result in a shift to SAFE Zones of no less than 5% nor more than 20% of current programmatic funding in each of the first full 5 fiscal years after the effective date of this amendatory Act of the 100th General Assembly.

(c) The Authority may adopt rules to implement the SAFE Zone provisions under this Act.

(20 ILCS 3930/7.3-2 new)

Sec. 7.3-2. Safe and Full Employment Coordinating Board.

(a) In this Section, "public health approach" means addressing violence and violence prevention by treating the individual and community symptoms and causes of violence through rigorously researched methods. Treatment shall include multi-tiered and interdisciplinary approaches involving stakeholders from diverse sectors, including the people impacted by violence, public agencies, and community-based organizations.

(a-5) There is created a Safe and Full Employment Coordinating Board. The Board shall be composed of the following members:

(1) the Governor, or his or her designee, who shall serve as chair;

(2) the Director of Corrections, or his or her designee;

(3) the Director of Revenue, or his or her designee;

(4) the Director of Juvenile Justice, or his or her designee;

(5) the Director of Healthcare and Family Services, or his or her designee;

(6) the Secretary of Human Services, or his or her designee;

(7) the Director of Public Health, or his or her designee;

(8) the Director of Commerce and Economic Opportunity, or his or her designee;

(9) the Director of Employment Security, or his or her designee;

(10) the Director of State Police, or his or her designee;

(11) the Director of the Governor's Office of Management and Budget, or his or her designee;

(12) the Director of the Illinois Criminal Justice Information Authority, or his or her designee;

(13) the Attorney General, or his or her designee;

(14) a member of the Senate, designated by the President of the Senate;

(15) a member of the House of Representatives, designated by the Speaker of the House of Representatives;

(16) a member of the Senate, designated by the Minority Leader of the Senate; and

(17) a member of the House of Representatives, designated by the Minority Leader of the House of Representatives.

(b) Within 30 days after SAFE Zones have been designated, the following shall be added as members of the Board:

(1) the highest elected public officials of all counties and municipal geographic jurisdictions in the State which include a SAFE Zone;

(2) 6 providers from 6 geographically distinct areas of the State, who receive funds to deliver services to treat violence including, but not limited to, services such as job placement and training, educational services, and workforce development programming, appointed by the Secretary of Human Services, in coordination with the Illinois Criminal Justice Information Authority; and

(3) 2 persons who, within 24 months prior to being designated, have received services from the providers designated in paragraph (2) of this subsection (b), as designated by those service providers.

(c) The Board shall meet quarterly and be staffed by the Governor's Office of Management and Budget. Within 4 months after the effective date of this amendatory Act of the 100th General Assembly, the Board shall develop and implement a plan for designating SAFE Zones under Section 7.3 of this Act and the selection process for Local Economic Growth Councils under Section 7.3-5 of this Act. Within 4 months from the date the last Council plan is submitted and approved, the Board shall issue a statewide plan to implement the re-prioritization of funding under subsection (b) of Section 7.3 of this Act. The plan shall follow a public health approach.

(d) The Board shall deliver an annual report to the General Assembly and to the Governor and be posted on Governor's Office and General Assembly's websites and provide to the public an annual report on its progress. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct.

(e) The Board shall monitor and collect data on intermediate and long-term positive outcome measures for its statewide plan and include that information in the annual report to the General Assembly, Governor, and the public beginning on December 31, 2019.

(f) There shall be a formal evaluation of the SAFE Zone Act implementation and outcomes every 4 years conducted by a public university selected by the Safe and Full Employment Coordinating Board. The evaluation shall reflect the outcomes incorporated and measured in each Council plan and also statewide positive outcomes to be measured for at least 4 years. The report shall be sent to the Governor and the General Assembly and be posted on each website.

(g) The Board is subject to the Freedom of Information Act and the Open Meetings Act.

(20 ILCS 3930/7.3-5 new)

Sec. 7.3-5. SAFE Zone Local Economic Growth Councils.

(a) The design of programs and budget requirements in SAFE Zones shall be developed by Local Economic Growth Councils. Each Local Economic Growth Council shall be supported by technical assistance provided by the State agencies mandated to provide services under Sections 7.3 and 7.3-2 of this Act and by the Governor's Office of Management and Budget.

(b) The process for the selection of members of the Local Economic Growth Councils shall be designed by the SAFE Coordinating Board, to permit maximum community participation and to result in Councils comprised of residents of the community who reflect the assets and strengths of the SAFE Zone.

(c) Each Local Economic Growth Council shall be established within 4 months of the effective date of this amendatory Act of the 100th General Assembly and be composed of a minimum of 20 members and no more than 25 members as representatives who live within the SAFE Zone.

(d) Within 6 months after being established, each Local Economic Growth Council shall establish a 2-year plan and budget to address violence, reduce inappropriate incarceration, and expand economic opportunity within the SAFE Zone. The plan shall follow a public health approach and shall include positive outcome measures for persons benefiting from SAFE Zone investments, community asset outcomes, and include ways to track those outcomes over at least 4 years. That plan shall be reviewed and approved, or amended after agreement between the Local Economic Growth Council and the Safe and Full Employment Coordinating Board.

(e) Each Local Economic Growth Council is subject to the Freedom of Information Act and the Open Meetings Act.

Section 110. The State Revenue Sharing Act is amended by changing Section 2 as follows:

(30 ILCS 115/2) (from Ch. 85, par. 612)

Sec. 2. Allocation and Disbursement.

(a) As soon as may be after the first day of each month, the Department of Revenue shall allocate among the several municipalities and counties of this State the amount available in the Local Government Distributive Fund and in the Income Tax Surcharge Local Government Distributive Fund, determined as provided in Sections 1 and 1a above. Except as provided in Sections 13 and 13.1 of this Act, the Department shall then certify such allocations to the State Comptroller, who shall pay over to the several municipalities and counties the respective amounts allocated to them. The amount of such Funds allocable to each such municipality and county shall be in proportion to the number of individual residents of such municipality or county to the total population of the State, determined in each case on the basis of the latest census of the State, municipality or county conducted by the Federal government and certified by the Secretary of State and for annexations to municipalities, the latest Federal, State or municipal census of the annexed area which has been certified by the Department of Revenue. Allocations to the City of Chicago under this Section are subject to Section 6 of the Hotel Operators' Occupation Tax Act. For the purpose of this Section, the number of individual residents of a county shall be reduced by the number of individuals residing therein in municipalities, but the number of individual residents of the State, county and municipality shall reflect the latest census of any of them. For the purpose of this Section, the number of individual residents of a municipality or county shall include the number of persons incarcerated in a penal institution who resided in the municipality or county before incarceration, or, if known, the municipality or county the prisoner intends to return after release from the penal institution. The amounts transferred into the Local Government Distributive Fund pursuant to Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act, each as now or hereafter amended, pursuant to the amendments of such Sections by Public Act 85-1135, shall be distributed as provided in said Sections.

(b) It is the intent of the General Assembly that allocations made under this Section shall be made in a fair and equitable manner. Accordingly, the clerk of any municipality to which territory has been annexed, or from which territory has been disconnected, shall notify the Department of Revenue in writing of that annexation or disconnection and shall (1) state the number of residents within the territory that was annexed or disconnected, based on the last census conducted by the federal, State, or municipal government and certified by the Illinois Secretary of State, and (2) furnish therewith a certified copy of the plat of annexation or, in the case of disconnection, the ordinance, final judgment, or resolution of disconnection together with an accurate depiction of the territory disconnected. The county in which the annexed or disconnected territory is located shall verify that the number of residents stated on the written notice that is to be sent to the Department of Revenue is true and accurate. The verified statement of the county shall accompany the written notice. However, if the county does not respond to the municipality's request for verification within 30 days, this verification requirement shall be waived. The written notice shall be provided to the Department of Revenue (1) within 30 days after the effective date of this amendatory Act of the 96th General Assembly for disconnections occurring after January 1, 2007 and before the effective date of this amendatory Act of the 96th General Assembly or (2) within 30 days after the annexation or disconnection for annexations or disconnections occurring on or after the effective date of this amendatory Act of the 96th General Assembly. For purposes of this Section, a disconnection or annexation through court order is deemed to be effective 30 days after the entry of a final judgment order, unless stayed pending appeal. Thereafter, the monthly allocation made to the municipality and to any other municipality or county affected by the annexation or disconnection shall be adjusted in accordance with this Section to reflect the change in residency of the residents of the territory that was annexed or disconnected. The adjustment shall be made no later than 30 days after the Department of Revenue's receipt of the written notice of annexation or disconnection described in this Section.

(c) In this Section, "penal institution" has the same meaning ascribed to it in Section 2-14 of the Criminal Code of 2012.

(Source: P.A. 96-1040, eff. 7-14-10.)

Section 115. The Unified Code of Corrections is amended by changing Section 5-6-3.6 as follows:

(730 ILCS 5/5-6-3.6)

(Section scheduled to be repealed on January 1, 2023)

Sec. 5-6-3.6. First Time Weapon Offender Program.

(a) The General Assembly has sought to promote public safety, reduce recidivism, and conserve valuable resources of the criminal justice system through the creation of diversion programs for non-violent offenders. This amendatory Act of the 100th General Assembly establishes a pilot program for first-time, non-violent offenders charged with certain weapons offenses. The General Assembly recognizes some persons, particularly young adults in areas of high crime or poverty, may have experienced trauma that contributes to poor decision making skills, and the creation of a diversionary program poses a greater benefit to the community and the person than incarceration. Under this program, a court, with the consent of the defendant and the State's Attorney, may sentence a defendant charged with an unlawful use of weapons offense under Section 24-1 of the Criminal Code of 2012 or aggravated unlawful use of a weapon offense under Section 24-1.6 of the Criminal Code of 2012, if punishable as a Class 4 felony or lower, to a First Time Weapon Offender Program.

(b) A defendant is not eligible for this Program if:

(1) the offense was committed during the commission of a violent offense as defined in subsection (h) of this Section;

(2) he or she has previously been convicted or placed on probation or conditional discharge for any violent offense under the laws of this State, the laws of any other state, or the laws of the United States;

(3) he or she had a prior successful completion of the First Time Weapon Offender Program under this Section;

(4) he or she has previously been adjudicated a delinquent minor for the commission of a violent offense;

(5) he or she is 21 years of age or older; or

(6) he or she has an existing order of protection issued against him or her.

(b-5) In considering whether a defendant shall be sentenced to the First Time Weapon Offender Program, the court shall consider the following:

(1) the age, immaturity, or limited mental capacity of the defendant;

(2) the nature and circumstances of the offense;

(3) whether participation in the Program is in the interest of the defendant's rehabilitation, including any employment or involvement in community, educational, training, or vocational programs;

(4) whether the defendant suffers from trauma, as supported by documentation or evaluation by a licensed professional; and

(5) the potential risk to public safety.

(c) For an offense committed on or after the effective date of this amendatory Act of the 100th General Assembly and before January 1, 2023, whenever an eligible person pleads guilty to an unlawful use of weapons offense under Section 24-1 of the Criminal Code of 2012 or aggravated unlawful use of a weapon offense under Section 24-1.6 of the Criminal Code of 2012, which is punishable as a Class 4 felony or lower, the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to complete the First Time Weapon Offender Program. When a defendant is placed in the Program, the court shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of the Program. Upon violation of a term or condition of the Program, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions of the Program, the court shall discharge the person and dismiss the proceedings against the person.

(d) The Program shall be at least 18 months and not to exceed 24 months, as determined by the court at the recommendation of the program administrator and the State's Attorney.

(e) The conditions of the Program shall be that the defendant:

(1) not violate any criminal statute of this State or any other jurisdiction;

(2) refrain from possessing a firearm or other dangerous weapon;

(3) obtain or attempt to obtain employment;

(4) attend educational courses designed to prepare the defendant for obtaining a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program;

(5) refrain from having in his or her body the presence of any illicit drug prohibited by the Methamphetamine Control and Community Protection Act, the Cannabis Control Act, or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;

(6) perform a minimum of 50 hours of community service;

(7) attend and participate in any Program activities deemed required by the Program administrator, including but not limited to: counseling sessions, in-person and over the phone check-ins, and educational classes; and

(8) pay all fines, assessments, fees, and costs.

(f) The Program may, in addition to other conditions, require that the defendant:

(1) (blank) wear an ankle bracelet with GPS tracking;

(2) undergo medical or psychiatric treatment, or treatment or rehabilitation approved by the Department of Human Services; and

(3) attend or reside in a facility established for the instruction or residence of defendants on probation.

(g) There may be only one discharge and dismissal under this Section. If a person is convicted of any offense which occurred within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.

(g-5) The Program shall be implemented by the Safe and Full Employment Coordinating Board established under Section 7.3-2 of the Illinois Criminal Justice Information Act.

(h) For purposes of this Section, "violent offense" means any offense in which bodily harm was inflicted or force was used against any person or threatened against any person; any offense involving the possession of a firearm or dangerous weapon; any offense involving sexual conduct, sexual penetration, or sexual exploitation; violation of an order of protection, stalking, hate crime, domestic battery, or any offense of domestic violence.

(i) This Section is repealed on January 1, 2023.

(Source: P.A. 100-3, eff. 1-1-18.)

Section 999. Effective date. This Act takes effect upon becoming law.".