Full Text of SB0238 100th General Assembly
SB0238sam001 100TH GENERAL ASSEMBLY | Sen. Patricia Van Pelt Filed: 5/15/2018
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| 1 | | AMENDMENT TO SENATE BILL 238
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 238 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the SAFE | 5 | | Act . | 6 | | Section 5. Legislative findings. | 7 | | (a) The General Assembly finds that some communities of | 8 | | this State are ravaged by violence and that a substantial and | 9 | | disproportionate amount of serious crimes are committed by | 10 | | persons who unlawfully possess firearms. In many of these | 11 | | communities, there is high unemployment and poverty fueled by | 12 | | incarceration and other barriers to employment after release. | 13 | | Aggressive and tailored approaches to address these outcomes | 14 | | are required. | 15 | | (b) The General Assembly finds that violence should be | 16 | | viewed as a public health crisis that requires identifying and |
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| 1 | | building on community assets leading to investment in job | 2 | | creation, housing, employment training, child care, healthcare | 3 | | and other services. | 4 | | (c) To carry out this intent, the General Assembly declares | 5 | | the following purposes of this Act: | 6 | | (1) to protect communities from gun violence through | 7 | | targeted intervention programs, including economic growth | 8 | | and improving family violence prevention, community trauma | 9 | | treatment rates, gun injury victim services, and public | 10 | | health prevention activities; | 11 | | (2) to substantially reduce both the total amount of | 12 | | gun violence and concentrated poverty in this State; | 13 | | (3) to intervene with persons who violate gun | 14 | | possession laws in a risk-responsive manner that decreases | 15 | | the likelihood of any future violent incidents and equips | 16 | | those who have previously violated gun laws to live | 17 | | responsibly and safely; and | 18 | | (4) to promote employment infrastructure in community | 19 | | areas with the highest concentrations of gun violence and | 20 | | unemployment due to incarceration and resulting criminal | 21 | | records. | 22 | | (d) The ability of children, teenagers, and young adults to | 23 | | participate freely in education, employment, and civic life | 24 | | without any exposure to illegal weapons or gun violence, | 25 | | facilitating their safe and economically stable future | 26 | | prospects, shall be the central purpose of any initiatives |
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| 1 | | included in this Act. | 2 | | Section 10. Definitions. In this Act: | 3 | | "SAFE Zone" means a Safe and Full Employment Zone as | 4 | | designated under Section 7.3 of the Illinois Criminal Justice | 5 | | Information Authority Act. | 6 | | Section 15. Population-based distribution. On and after | 7 | | January 1, 2019, funding formulas based on population shall | 8 | | include prisoners as residents based on the place where they | 9 | | resided before incarceration or the place they intend to | 10 | | return. SAFE Zones shall be prioritized for all State | 11 | | reimbursement and formula distributions. | 12 | | Section 105. The Illinois Criminal Justice Information Act | 13 | | is amended by adding Sections 7.3, 7.3-2, and 7.3-5 as follows: | 14 | | (20 ILCS 3930/7.3 new) | 15 | | Sec. 7.3. Safe and full employment zones. Within 60 days | 16 | | after the effective date of this amendatory Act of the 100th | 17 | | General Assembly, the Authority shall identify those | 18 | | geographic areas eligible to be designated by the Safe and Full | 19 | | Employment Coordinating Board as a Safe and Full Employment | 20 | | Zone ("SAFE Zone"), as outlined in subsection (c) of Section | 21 | | 7.3-2 of this Act. | 22 | | (a) Qualifications for a SAFE Zone are as follows: |
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| 1 | | (1) An area of extremely high gun violence and economic | 2 | | destabilization shall be qualified to become a SAFE Zone | 3 | | where, based on analysis of concentrated geographic areas, | 4 | | by census tract if possible, that area: | 5 | | (A) contains high gunshot hospitalization and | 6 | | mortality per capita; and | 7 | | (B) contains a high rate of returning citizens | 8 | | following incarceration at the Department of | 9 | | Corrections. | 10 | | The Authority shall send to the Legislative Audit Commission | 11 | | and make publicly available its analysis and development of the | 12 | | SAFE Zones and shall reevaluate and re-designate SAFE Zones | 13 | | every 4 years. | 14 | | (b) Prioritization of spending in SAFE Zones shall be as | 15 | | follows: | 16 | | (1) In the first full fiscal year after the effective | 17 | | date of this amendatory Act of the 100th General Assembly, | 18 | | the Department of Human Services, Department of Public | 19 | | Health, Department of Juvenile Justice, Illinois Criminal | 20 | | Justice Information Authority, Department of Commerce and | 21 | | Economic Opportunity, Department of Healthcare and Family | 22 | | Services, and other relevant State agencies as designated | 23 | | by the Governor and the Safe and Full Employment | 24 | | Coordinating Board as defined in Section 7.3-2 of this Act | 25 | | shall give first priority, within the agency granting | 26 | | authority, to programs providing services that are |
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| 1 | | effective in violence reduction and trauma recovery for | 2 | | SAFE Zones. Federal, State, and local spending on job | 3 | | creation, housing, employment training, child care, | 4 | | healthcare and services to combat community disinvestment | 5 | | that breeds violence shall be prioritized in SAFE Zones. | 6 | | The Governor shall include and outline SAFE Zone spending | 7 | | in his or her annual State budget submitted under Section | 8 | | 50-5 of the State Budget Law. | 9 | | (2) The prioritization shall result in a shift to SAFE | 10 | | Zones of no less than 5% nor more than 20% of current | 11 | | programmatic funding in each of the first full 5 fiscal | 12 | | years after the effective date of this amendatory Act of | 13 | | the 100th General Assembly. | 14 | | (c) The Authority may adopt rules to implement the SAFE | 15 | | Zone provisions under this Act. | 16 | | (20 ILCS 3930/7.3-2 new) | 17 | | Sec. 7.3-2. Safe and Full Employment Coordinating Board. | 18 | | (a) In this Section, "public health approach" means | 19 | | addressing violence and violence prevention by treating the | 20 | | individual and community symptoms and causes of violence | 21 | | through rigorously researched methods. Treatment shall include | 22 | | multi-tiered and interdisciplinary approaches involving | 23 | | stakeholders from diverse sectors, including the people | 24 | | impacted by violence, public agencies, and community-based | 25 | | organizations. |
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| 1 | | (a-5) There is created a Safe and Full Employment | 2 | | Coordinating Board. The Board shall be composed of the | 3 | | following members: | 4 | | (1) the Governor, or his or her designee, who shall | 5 | | serve as chair; | 6 | | (2) the Director of Corrections, or his or her | 7 | | designee; | 8 | | (3) the Director of Revenue, or his or her designee; | 9 | | (4) the Director of Juvenile Justice, or his or her | 10 | | designee; | 11 | | (5) the Director of Healthcare and Family Services, or | 12 | | his or her designee; | 13 | | (6) the Secretary of Human Services, or his or her | 14 | | designee; | 15 | | (7) the Director of Public Health, or his or her | 16 | | designee; | 17 | | (8) the Director of Commerce and Economic Opportunity, | 18 | | or his or her designee; | 19 | | (9) the Director of Employment Security, or his or her | 20 | | designee; | 21 | | (10) the Director of State Police, or his or her | 22 | | designee; | 23 | | (11) the Director of the Governor's Office of | 24 | | Management and Budget, or his or her designee; | 25 | | (12) the Director of the Illinois Criminal Justice | 26 | | Information Authority, or his or her designee; |
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| 1 | | (13) the Attorney General, or his or her designee; | 2 | | (14) a member of the Senate, designated by the | 3 | | President of the Senate; | 4 | | (15) a member of the House of Representatives, | 5 | | designated by the Speaker of the House of Representatives; | 6 | | (16) a member of the Senate, designated by the Minority | 7 | | Leader of the Senate; and | 8 | | (17) a member of the House of Representatives, | 9 | | designated by the Minority Leader of the House of | 10 | | Representatives. | 11 | | (b) Within 30 days after SAFE Zones have been designated, | 12 | | the following shall be added as members of the Board: | 13 | | (1) the highest elected public officials of all | 14 | | counties and municipal geographic jurisdictions in the | 15 | | State which include a SAFE Zone; | 16 | | (2) 6 providers from 6 geographically distinct areas of | 17 | | the State, who receive funds to deliver services to treat | 18 | | violence including, but not limited to, services such as | 19 | | job placement and training, educational services, and | 20 | | workforce development programming, appointed by the | 21 | | Secretary of Human Services, in coordination with the | 22 | | Illinois Criminal Justice Information Authority; and | 23 | | (3) 2 persons who, within 24 months prior to being | 24 | | designated, have received services from the providers | 25 | | designated in paragraph (2) of this subsection (b), as | 26 | | designated by those service providers. |
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| 1 | | (c) The Board shall meet quarterly and be staffed by the | 2 | | Governor's Office of Management and Budget. Within 4 months | 3 | | after the effective date of this amendatory Act of the 100th | 4 | | General Assembly, the Board shall develop and implement a plan | 5 | | for designating SAFE Zones under Section 7.3 of this Act and | 6 | | the selection process for Local Economic Growth Councils under | 7 | | Section 7.3-5 of this Act. Within 4 months from the date the | 8 | | last Council plan is submitted and approved, the Board shall | 9 | | issue a statewide plan to implement the re-prioritization of | 10 | | funding under subsection (b) of Section 7.3 of this Act. The | 11 | | plan shall follow a public health approach. | 12 | | (d) The Board shall deliver an annual report to the General | 13 | | Assembly and to the Governor and be posted on Governor's Office | 14 | | and General Assembly's websites and provide to the public an | 15 | | annual report on its progress. The report to the General | 16 | | Assembly shall be filed with the Clerk of the House of | 17 | | Representatives and the Secretary of the Senate in electronic | 18 | | form only, in the manner that the Clerk and the Secretary shall | 19 | | direct. | 20 | | (e) The Board shall monitor and collect data on | 21 | | intermediate and long-term positive outcome measures for its | 22 | | statewide plan and include that information in the annual | 23 | | report to the General Assembly, Governor, and the public | 24 | | beginning on December 31, 2019. | 25 | | (f) There shall be a formal evaluation of the SAFE Zone Act | 26 | | implementation and outcomes every 4 years conducted by a public |
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| 1 | | university selected by the Safe and Full Employment | 2 | | Coordinating Board. The evaluation shall reflect the outcomes | 3 | | incorporated and measured in each Council plan and also | 4 | | statewide positive outcomes to be measured for at least 4 | 5 | | years. The report shall be sent to the Governor and the General | 6 | | Assembly and be posted on each website. | 7 | | (g) The Board is subject to the Freedom of Information Act | 8 | | and the Open Meetings Act. | 9 | | (20 ILCS 3930/7.3-5 new) | 10 | | Sec. 7.3-5. SAFE Zone Local Economic Growth Councils. | 11 | | (a) The design of programs and budget requirements in SAFE | 12 | | Zones shall be developed by Local Economic Growth Councils. | 13 | | Each Local Economic Growth Council shall be supported by | 14 | | technical assistance provided by the State agencies mandated to | 15 | | provide services under Sections 7.3 and 7.3-2 of this Act and | 16 | | by the Governor's Office of Management and Budget. | 17 | | (b) The process for the selection of members of the Local | 18 | | Economic Growth Councils shall be designed by the SAFE | 19 | | Coordinating Board, to permit maximum community participation | 20 | | and to result in Councils comprised of residents of the | 21 | | community who reflect the assets and strengths of the SAFE | 22 | | Zone. | 23 | | (c) Each Local Economic Growth Council shall be established | 24 | | within 4 months of the effective date of this amendatory Act of | 25 | | the 100th General Assembly and be composed of a minimum of 20 |
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| 1 | | members and no more than 25 members as representatives who live | 2 | | within the SAFE Zone. | 3 | | (d) Within 6 months after being established, each Local | 4 | | Economic Growth Council shall establish a 2-year plan and | 5 | | budget to address violence, reduce inappropriate | 6 | | incarceration, and expand economic opportunity within the SAFE | 7 | | Zone. The plan shall follow a public health approach and shall | 8 | | include positive outcome measures for persons benefiting from | 9 | | SAFE Zone investments, community asset outcomes, and include | 10 | | ways to track those outcomes over at least 4 years. That plan | 11 | | shall be reviewed and approved, or amended after agreement | 12 | | between the Local Economic Growth Council and the Safe and Full | 13 | | Employment Coordinating Board. | 14 | | (e) Each Local Economic Growth Council is subject to the | 15 | | Freedom of Information Act and the Open Meetings Act. | 16 | | Section 110. The State Revenue Sharing Act is amended by | 17 | | changing Section 2 as follows:
| 18 | | (30 ILCS 115/2) (from Ch. 85, par. 612)
| 19 | | Sec. 2. Allocation and Disbursement. | 20 | | (a) As soon as may be after the
first day of each month, | 21 | | the Department of Revenue shall allocate among the
several | 22 | | municipalities and counties of this State the amount available | 23 | | in
the Local Government Distributive Fund and in the Income Tax | 24 | | Surcharge
Local Government Distributive Fund, determined as |
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| 1 | | provided in Sections 1
and 1a above. Except as provided in | 2 | | Sections 13 and 13.1 of this Act, the
Department shall then | 3 | | certify such allocations to the State Comptroller,
who shall | 4 | | pay over to the several municipalities and
counties the | 5 | | respective amounts allocated to them. The amount of such
Funds | 6 | | allocable to each such municipality and county shall be in
| 7 | | proportion to the number of individual residents of such | 8 | | municipality or
county to the total population of the State, | 9 | | determined in each case on
the basis of the latest census of | 10 | | the State, municipality or county
conducted by the Federal | 11 | | government and certified by the Secretary of
State and for | 12 | | annexations to municipalities, the latest Federal, State
or | 13 | | municipal census of the annexed area which has been certified | 14 | | by the
Department of Revenue. Allocations to the City of | 15 | | Chicago under this Section
are subject to Section 6 of the | 16 | | Hotel Operators' Occupation Tax Act. For the
purpose of this | 17 | | Section,
the number of individual residents of a county shall | 18 | | be reduced by the
number of individuals residing therein in | 19 | | municipalities, but the number
of individual residents of the | 20 | | State, county and municipality shall
reflect the latest census | 21 | | of any of them. For the purpose of this Section, the number of | 22 | | individual residents of a municipality or county shall include | 23 | | the number of persons incarcerated in a penal institution who | 24 | | resided in the municipality or county before incarceration, or, | 25 | | if known, the municipality or county the prisoner intends to | 26 | | return after release from the penal institution. The amounts |
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| 1 | | transferred into the
Local Government Distributive Fund | 2 | | pursuant to Section 9 of the Use Tax
Act, Section 9 of the | 3 | | Service Use Tax Act, Section 9 of the Service
Occupation Tax | 4 | | Act, and Section 3 of the Retailers' Occupation Tax Act,
each | 5 | | as now or hereafter amended, pursuant to the amendments of such
| 6 | | Sections by Public Act 85-1135, shall be distributed as | 7 | | provided in said
Sections.
| 8 | | (b) It is the intent of the General Assembly that | 9 | | allocations made under this Section shall be made in a fair and | 10 | | equitable manner. Accordingly, the clerk of any municipality to | 11 | | which territory has been annexed, or from which territory has | 12 | | been disconnected, shall notify the Department of Revenue in | 13 | | writing of that annexation or disconnection and shall (1) state | 14 | | the number of residents within the territory that was annexed | 15 | | or disconnected, based on the last census conducted by the | 16 | | federal, State, or municipal government and certified by the | 17 | | Illinois Secretary of State, and (2) furnish therewith a | 18 | | certified copy of the plat of annexation or, in the case of | 19 | | disconnection, the ordinance, final judgment, or resolution of | 20 | | disconnection together with an accurate depiction of the | 21 | | territory disconnected. The county in which the annexed or | 22 | | disconnected territory is located shall verify that the number | 23 | | of residents stated on the written notice that is to be sent to | 24 | | the Department of Revenue is true and accurate. The verified | 25 | | statement of the county shall accompany the written notice. | 26 | | However, if the county does not respond to the municipality's |
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| 1 | | request for verification within 30 days, this verification | 2 | | requirement shall be waived. The written notice shall be | 3 | | provided to the Department of Revenue (1) within 30 days after | 4 | | the effective date of this amendatory Act of the 96th General | 5 | | Assembly for disconnections occurring after January 1, 2007 and | 6 | | before the effective date of this amendatory Act of the 96th | 7 | | General Assembly or (2) within 30 days after the annexation or | 8 | | disconnection for annexations or disconnections occurring on | 9 | | or after the effective date of this amendatory Act of the 96th | 10 | | General Assembly. For purposes of this Section, a disconnection | 11 | | or annexation through court order is deemed to be effective 30 | 12 | | days after the entry of a final judgment order, unless stayed | 13 | | pending appeal. Thereafter, the monthly allocation made to the | 14 | | municipality and to any other municipality or county affected | 15 | | by the annexation or disconnection shall be adjusted in | 16 | | accordance with this Section to reflect the change in residency | 17 | | of the residents of the territory that was annexed or | 18 | | disconnected. The adjustment shall be made no later than 30 | 19 | | days after the Department of Revenue's receipt of the written | 20 | | notice of annexation or disconnection described in this | 21 | | Section. | 22 | | (c) In this Section, "penal institution" has the same | 23 | | meaning ascribed to it in Section 2-14 of the Criminal Code of | 24 | | 2012. | 25 | | (Source: P.A. 96-1040, eff. 7-14-10.)
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| 1 | | Section 115. The Unified Code of Corrections is amended by | 2 | | changing Section 5-6-3.6 as follows: | 3 | | (730 ILCS 5/5-6-3.6) | 4 | | (Section scheduled to be repealed on January 1, 2023) | 5 | | Sec. 5-6-3.6. First Time Weapon Offender Program. | 6 | | (a) The General Assembly has sought to promote public | 7 | | safety, reduce recidivism, and conserve valuable resources of | 8 | | the criminal justice system through the creation of diversion | 9 | | programs for non-violent offenders. This amendatory Act of the | 10 | | 100th General Assembly establishes a pilot program for | 11 | | first-time, non-violent offenders charged with certain weapons | 12 | | offenses. The General Assembly recognizes some persons, | 13 | | particularly young adults in areas of high crime or poverty, | 14 | | may have experienced trauma that contributes to poor decision | 15 | | making skills, and the creation of a diversionary program poses | 16 | | a greater benefit to the community and the person than | 17 | | incarceration. Under this program, a court, with the consent of | 18 | | the defendant and the State's Attorney, may sentence a | 19 | | defendant charged with an unlawful use of weapons offense under | 20 | | Section 24-1 of the Criminal Code of 2012 or aggravated | 21 | | unlawful use of a weapon offense under Section 24-1.6 of the | 22 | | Criminal Code of 2012, if punishable as a Class 4 felony or | 23 | | lower, to a First Time Weapon Offender Program. | 24 | | (b) A defendant is not eligible for this Program if: | 25 | | (1) the offense was committed during the commission of |
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| 1 | | a violent offense as defined in subsection (h) of this | 2 | | Section; | 3 | | (2) he or she has previously been convicted or placed | 4 | | on probation or conditional discharge for any violent | 5 | | offense under the laws of this State, the laws of any other | 6 | | state, or the laws of the United States; | 7 | | (3) he or she had a prior successful completion of the | 8 | | First Time Weapon Offender Program under this Section; | 9 | | (4) he or she has previously been adjudicated a | 10 | | delinquent minor for the commission of a violent offense; | 11 | | (5) he or she is 21 years of age or older; or | 12 | | (6) he or she has an existing order of protection | 13 | | issued against him or her. | 14 | | (b-5) In considering whether a defendant shall be sentenced | 15 | | to the First Time Weapon Offender Program, the court shall | 16 | | consider the following: | 17 | | (1) the age, immaturity, or limited mental capacity of | 18 | | the defendant; | 19 | | (2) the nature and circumstances of the offense; | 20 | | (3) whether participation in the Program is in the | 21 | | interest of the defendant's rehabilitation, including any | 22 | | employment or involvement in community, educational, | 23 | | training, or vocational programs; | 24 | | (4) whether the defendant suffers from trauma, as | 25 | | supported by documentation or evaluation by a licensed | 26 | | professional; and |
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| 1 | | (5) the potential risk to public safety. | 2 | | (c) For an offense committed on or after the effective date | 3 | | of this amendatory Act of the 100th General Assembly and before | 4 | | January 1, 2023, whenever an eligible person pleads guilty to | 5 | | an unlawful use of weapons offense under Section 24-1 of the | 6 | | Criminal Code of 2012 or aggravated unlawful use of a weapon | 7 | | offense under Section 24-1.6 of the Criminal Code of 2012, | 8 | | which is punishable as a Class 4 felony or lower, the court, | 9 | | with the consent of the defendant and the State's Attorney, | 10 | | may, without entering a judgment, sentence the defendant to | 11 | | complete the First Time Weapon Offender Program. When a | 12 | | defendant is placed in the Program, the court shall defer | 13 | | further proceedings in the case until the conclusion of the | 14 | | period or until the filing of a petition alleging violation of | 15 | | a term or condition of the Program. Upon violation of a term or | 16 | | condition of the Program, the court may enter a judgment on its | 17 | | original finding of guilt and proceed as otherwise provided by | 18 | | law. Upon fulfillment of the terms and conditions of the | 19 | | Program, the court shall discharge the person and dismiss the | 20 | | proceedings against the person. | 21 | | (d) The Program shall be at least 18 months and not to | 22 | | exceed 24 months, as determined by the court at the | 23 | | recommendation of the program administrator and the State's | 24 | | Attorney. | 25 | | (e) The conditions of the Program shall be that the | 26 | | defendant: |
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| 1 | | (1) not violate any criminal statute of this State or | 2 | | any other jurisdiction; | 3 | | (2) refrain from possessing a firearm or other | 4 | | dangerous weapon; | 5 | | (3) obtain or attempt to obtain employment; | 6 | | (4) attend educational courses designed to prepare the | 7 | | defendant for obtaining a high school diploma or to work | 8 | | toward passing high school equivalency testing or to work | 9 | | toward completing a vocational training program; | 10 | | (5) refrain from having in his or her body the presence | 11 | | of any illicit drug prohibited by the Methamphetamine | 12 | | Control and Community Protection Act, the Cannabis Control | 13 | | Act, or the Illinois Controlled Substances Act, unless | 14 | | prescribed by a physician, and submit samples of his or her | 15 | | blood or urine or both for tests to determine the presence | 16 | | of any illicit drug; | 17 | | (6) perform a minimum of 50 hours of community service; | 18 | | (7) attend and participate in any Program activities | 19 | | deemed required by the Program administrator, including | 20 | | but not limited to: counseling sessions, in-person and over | 21 | | the phone check-ins, and educational classes; and | 22 | | (8) pay all fines, assessments, fees, and costs. | 23 | | (f) The Program may, in addition to other conditions, | 24 | | require that the defendant: | 25 | | (1) (blank) wear an ankle bracelet with GPS tracking ; | 26 | | (2) undergo medical or psychiatric treatment, or |
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| 1 | | treatment or rehabilitation approved by the Department of | 2 | | Human Services; and | 3 | | (3) attend or reside in a facility established for the | 4 | | instruction or residence of defendants on probation. | 5 | | (g) There may be only one discharge and dismissal under | 6 | | this Section. If a person is convicted of any offense which | 7 | | occurred within 5 years subsequent to a discharge and dismissal | 8 | | under this Section, the discharge and dismissal under this | 9 | | Section shall be admissible in the sentencing proceeding for | 10 | | that conviction as evidence in aggravation. | 11 | | (g-5) The Program shall be implemented by the Safe and Full | 12 | | Employment Coordinating Board established under Section 7.3-2 | 13 | | of the Illinois Criminal Justice Information Act. | 14 | | (h) For purposes of this Section, "violent offense" means | 15 | | any offense in which bodily harm was inflicted or force was | 16 | | used against any person or threatened against any person; any | 17 | | offense involving the possession of a firearm or dangerous | 18 | | weapon; any offense involving sexual conduct, sexual | 19 | | penetration, or sexual exploitation; violation of an order of | 20 | | protection, stalking, hate crime, domestic battery, or any | 21 | | offense of domestic violence. | 22 | | (i) This Section is repealed on January 1, 2023.
| 23 | | (Source: P.A. 100-3, eff. 1-1-18 .) | 24 | | Section 999. Effective date. This Act takes effect upon | 25 | | becoming law.".
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