Full Text of HB2734 95th General Assembly
HB2734ham001 95TH GENERAL ASSEMBLY
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Rep. Robert S. Molaro
Filed: 3/27/2007
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| AMENDMENT TO HOUSE BILL 2734
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| AMENDMENT NO. ______. Amend House Bill 2734 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the Drug | 5 |
| School Act. | 6 |
| Section 5. Findings; purpose. The General Assembly finds as | 7 |
| follows: | 8 |
| (1) One of the many objectives of the Illinois criminal | 9 |
| justice system is individual rehabilitation. | 10 |
| (2) The incarceration of nonviolent drug offenders | 11 |
| with families breaks the family unit. | 12 |
| (3) The recidivism rate of nonviolent drug offenders in | 13 |
| Illinois is 53%. | 14 |
| (4) Nonviolent drug offenders are in need of | 15 |
| alternatives to incarceration such as counseling and | 16 |
| treatment. |
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| (5) Drug addiction is recognized as a health issue | 2 |
| around the country. | 3 |
| (6) The Cook County State's Attorney drug school | 4 |
| program has a success rate of over 85%. | 5 |
| (7) The State of Illinois spends $22,607 on one adult | 6 |
| incarceration. | 7 |
| (8) The State of Illinois will save more than | 8 |
| 17,000,000 if treatment programs are offered in lieu of | 9 |
| incarceration. | 10 |
| The purpose of this Act is to establish a drug school | 11 |
| program for nonviolent drug offenders statewide modeled after | 12 |
| the Cook County State's Attorney drug school program.
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| Section 10. Definition. As used in this Act, "drug school" | 14 |
| means a drug intervention and education program established and | 15 |
| administered by the State's Attorney's Office of a particular | 16 |
| county as an alternative to traditional prosecution. A drug | 17 |
| school shall include, but not be limited to, the following core | 18 |
| components: | 19 |
| (1) No less than 10 and no more than 20 hours of drug | 20 |
| education delivered by an organization licensed, certified | 21 |
| or otherwise authorized by the Illinois Department of Human | 22 |
| Services, Division of Alcoholism and Substance Abuse or | 23 |
| Division of Community Health and Prevention to provide | 24 |
| treatment, prevention, intervention, education or other | 25 |
| such services. This education is to be delivered at least |
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| once per week at a class of no less than one hour and no | 2 |
| greater than 4 hours, and with a class size no larger than | 3 |
| 40 individuals. | 4 |
| (2) Curriculum designed to present the harmful effects | 5 |
| of drug use on the individual, family and community, | 6 |
| including the relationship between drug use and criminal | 7 |
| behavior, as well as instruction regarding the application | 8 |
| procedure for the sealing and expungement of records of | 9 |
| arrest and any other record of the proceedings of the case | 10 |
| for which the individual was mandated to attend the drug | 11 |
| school. | 12 |
| (3) Education regarding the practical consequences of | 13 |
| conviction and continued justice involvement. Such | 14 |
| consequences of drug use will include the negative | 15 |
| physiological, psychological, societal, familial, and | 16 |
| legal areas. Additionally, the practical limitations | 17 |
| imposed by a drug conviction on one's vocational, | 18 |
| educational, financial, and residential options will be | 19 |
| addressed. | 20 |
| (4) A process for monitoring and reporting attendance | 21 |
| such that the State's Attorney in the county where the drug | 22 |
| school is being operated is informed of class attendance no | 23 |
| more than 48 hours after each class. | 24 |
| (5) A process for capturing data on drug school | 25 |
| participants, including but not limited to total | 26 |
| individuals served, demographics of those individuals, |
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| rates of attendance, and frequency of future justice | 2 |
| involvement for drug school participants.
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| Section 15. Authorization. | 4 |
| (a) Each State's Attorney may establish a drug school | 5 |
| operated under the terms of this Act. The purpose of the drug | 6 |
| school shall be to provide an alternative to prosecution by | 7 |
| identifying drug-involved individuals for the purpose of | 8 |
| intervening with their drug use before their criminal | 9 |
| involvement becomes severe. The State's Attorney shall | 10 |
| identify what constitutes an acceptable criminal history in | 11 |
| determining eligibility for the drug school. Only those | 12 |
| participants who successfully complete the requirements of the | 13 |
| drug school, as certified by the State's Attorney, are eligible | 14 |
| to apply for the sealing and expungement of records of arrest | 15 |
| and any other record of the proceedings of the case for which | 16 |
| the individual was mandated to attend the drug school. | 17 |
| (b) A State's Attorney seeking to establish a drug school | 18 |
| may apply to the Division of Alcoholism and Substance Abuse of | 19 |
| the Illinois Department of Human Services ("DASA") for funding | 20 |
| to establish and operate a drug school within his or her | 21 |
| respective county. Nothing in this subsection shall prevent | 22 |
| State's Attorneys from establishing drug schools within their | 23 |
| counties without funding from the DASA. | 24 |
| (c) Nothing in this Act shall prevent 2 or more State's | 25 |
| Attorneys from applying jointly for funding as provided in |
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| subsection (b) for the purpose of establishing a drug school | 2 |
| that serves multiple counties. | 3 |
| (d) Drug schools established through funding from DASA | 4 |
| shall operate according to the guidelines established thereby | 5 |
| and the provisions of this Act.
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| Section 20. Eligibility. | 7 |
| (a) The State's Attorney, alone, in each county where a | 8 |
| drug school is established shall have the authority to | 9 |
| determine which individuals, who would otherwise be prosecuted | 10 |
| under the relevant provisions of Illinois law, may be eligible | 11 |
| to participate in the drug school in lieu of prosecution. | 12 |
| (b) A defendant may be admitted into drug school only upon | 13 |
| the agreement of the prosecutor and the defendant.
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| Section 25. Process.
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| (a) The State's Attorney, alone, in each county where a | 16 |
| drug school is established shall determine who is eligible to | 17 |
| participate in the drug school in lieu of prosecution. | 18 |
| Considerations in making such a determination shall include the | 19 |
| crime committed, the circumstances of the crime or of the | 20 |
| individual under consideration, and whether or not the State's | 21 |
| Attorney believes that the individual would benefit from | 22 |
| participation in the drug school. | 23 |
| (b) The judge shall inform the defendant that if the | 24 |
| defendant fails to meet the conditions of drug school, |
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| eligibility to participate in the program may be revoked and | 2 |
| the defendant may be prosecuted under the criminal laws of this | 3 |
| State and sentenced as provided in the Unified Code of | 4 |
| Corrections for the crime charged. | 5 |
| (c) The defendant shall execute a written agreement as to | 6 |
| his or her participation in the drug school program and shall | 7 |
| agree to all of the terms and conditions of the program, | 8 |
| including but not limited to the possibility of prosecution for | 9 |
| the crime charged for failing to abide or comply with the terms | 10 |
| of the drug school program or for any arrest incurred | 11 |
| subsequent to entry into the drug school program.
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| Section 30. Successful Completion.
If an individual is | 13 |
| certified by the State's Attorney that he or she has | 14 |
| successfully completed the terms of the drug school, the | 15 |
| State's Attorney shall waive prosecution for the immediate | 16 |
| offense and discharge the case.
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| Section 35. Violations. Upon a violation of the any of the | 18 |
| terms of the drug school, the State's Attorney may proceed with | 19 |
| prosecution as otherwise authorized under law.
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| Section 40. Drug School Fund. | 21 |
| (a) The Drug School Fund is created as a fund in the | 22 |
| Illinois Department of Human Services, Division of Alcoholism | 23 |
| and Substance Abuse ("DASA"). The Fund shall be administered by |
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| DASA to provide moneys for the appropriations to be made, | 2 |
| grants to be awarded, and compensation and expenses to be paid | 3 |
| under this Act. All interest earned from the investment or | 4 |
| deposit of moneys accumulated in the Drug School Fund shall, | 5 |
| under Section 4.1 of the State Finance Act, be deposited into | 6 |
| the Fund. | 7 |
| (b) Moneys deposited into the Fund shall not be considered | 8 |
| general revenue of the State of Illinois. | 9 |
| (c) Moneys deposited into the Fund shall be used | 10 |
| exclusively for the purposes of providing funding for the | 11 |
| establishment and operation of drug schools in the State of | 12 |
| Illinois, and shall not be appropriated, loaned, or in any | 13 |
| manner transferred to the General Revenue Fund of the State of | 14 |
| Illinois. | 15 |
| (d) Every fiscal year the Treasurer shall transfer from the | 16 |
| General Revenue Fund to the Drug School Fund an amount equal to | 17 |
| the full amount of moneys appropriated by the General Assembly | 18 |
| (both by original and supplemental appropriation), less any | 19 |
| unexpended balance from the previous fiscal year, from the Drug | 20 |
| School Fund for the specific purpose of making funding | 21 |
| available for the establishment and operation of drug schools. | 22 |
| State's Attorneys from each of the 101 counties in the State of | 23 |
| Illinois other than Cook County may make annual requests for | 24 |
| appropriations from the Drug School Fund. | 25 |
| (e) The State's Attorney in Cook County shall request an | 26 |
| appropriation to DASA for expenses incurred by the Cook County |
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| State's Attorney for operation of its drug school program. | 2 |
| (f) State's Attorney's from each of the 102 counties in the | 3 |
| State of Illinois may each request supplemental appropriations | 4 |
| from the Drug School Fund during the fiscal year. | 5 |
| (g) Moneys in the Drug School Fund shall be expended only | 6 |
| as follows: | 7 |
| (1) To provide State's Attorneys with funding for | 8 |
| establishing and operating drug schools. State's Attorneys | 9 |
| in any county other than Cook County seeking funding for | 10 |
| drug school expenses may request that DASA certify the | 11 |
| expenses as reasonable, necessary, and appropriate for | 12 |
| payment from the Drug School Fund, on a form created by | 13 |
| DASA. Upon certification of the expenses and delivery of | 14 |
| the certification to DASA, DASA shall pay the expenses | 15 |
| directly from the Drug School Fund if there are sufficient | 16 |
| moneys in the Fund to pay the expenses. | 17 |
| (2) Moneys shall be appropriated to DASA to enable DASA | 18 |
| (i) to make grants to Cook County, (ii) to pay the expenses | 19 |
| of drug school programs in counties other than Cook County | 20 |
| and (iii) to pay the expenses of administering the Drug | 21 |
| School Fund. All expenditures and grants made from the Drug | 22 |
| School Fund shall be subject to audit by the Auditor | 23 |
| General. | 24 |
| (3) For Cook County, grants from the Drug School Fund | 25 |
| shall be made and administered as follows: | 26 |
| (A) For each State fiscal year, the State's |
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| Attorney must make a separate application to DASA for | 2 |
| drug school fund grants. | 3 |
| (B) DASA shall establish rules and procedures for | 4 |
| grant applications. The rules shall require the Cook | 5 |
| County Treasurer as the grant recipient to report on a | 6 |
| periodic basis to DASA how much of the grant has been | 7 |
| expended, how much of the grant is remaining, and the | 8 |
| purposes for which the grant has been used. The rules | 9 |
| may also require the Cook County Treasurer to certify | 10 |
| on a periodic basis that expenditures of the funds have | 11 |
| been made for expenses that are reasonable, necessary, | 12 |
| and appropriate for payment from the Drug School Fund. | 13 |
| (C) DASA shall make the grants to the Cook County | 14 |
| Treasurer as soon as possible after the beginning of | 15 |
| the State fiscal year. | 16 |
| (D) The State's Attorney may apply for | 17 |
| supplemental grants during the fiscal year. | 18 |
| (E) Grant moneys shall be paid to the Cook County | 19 |
| Treasurer in block grants and held in a separate | 20 |
| account for the State's Attorney for the designated | 21 |
| fiscal year, and are not subject to county | 22 |
| appropriation and are not intended to supplant monies | 23 |
| currently expended by Cook County to operate its drug | 24 |
| school program. Cook County is required to maintain its | 25 |
| efforts with regard to its drug school program. | 26 |
| (F) Expenditure of grant moneys under this |
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| subsection (g) is subject to audit by the Auditor | 2 |
| General. | 3 |
| (G) The Cook County Treasurer shall immediately | 4 |
| make payment from the appropriate separate account in | 5 |
| the county treasury for capital litigation expenses to | 6 |
| the State's Attorney, upon order of the State's | 7 |
| Attorney. | 8 |
| (H) If the Drug School Fund is discontinued or | 9 |
| dissolved by an Act of the General Assembly or by | 10 |
| operation of law, any balance remaining in the Drug | 11 |
| School Fund shall be returned to the General Revenue | 12 |
| Fund after deduction of administrative costs, any | 13 |
| other provision of this Act to the contrary | 14 |
| notwithstanding.
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| (h) State's Attorneys receiving monies from the Drug School | 16 |
| Fund shall each report separately to the General Assembly by | 17 |
| January 1, 2008 and each and every following January 1 for as | 18 |
| long as the Drug School Fund is in existence, detailing the | 19 |
| amounts of money received by them through this Act, the uses | 20 |
| for which those funds were expended, the balances then in the | 21 |
| Drug School Fund or county accounts, as the case may be, | 22 |
| dedicated to them for the use and support of drug school. The | 23 |
| report shall describe and discuss the need for continued | 24 |
| funding through the Fund and contain any suggestions for | 25 |
| changes to this Act.".
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