Full Text of SB1223 097th General Assembly
SB1223 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1223 Introduced 2/8/2011, 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 |
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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 as a result of 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 |
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| 1 | | AN ACT concerning State government.
| 2 | | 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 | 5 | | 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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| 1 | | 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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| 1 | | 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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| 1 | | 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 | | as a result of the legislation. The required identification | 7 | | shall be made either by specifying (i) the additional tax or | 8 | | other revenue source from which an amount equal to the costs | 9 | | identified are to be generated or (ii) the specific line item | 10 | | or items in the budget for the current fiscal year that would | 11 | | be reduced or eliminated to reach an amount equal to the costs | 12 | | identified. Whenever the sponsor of any measure is of the | 13 | | opinion that
no Correctional Budget and Impact Note is | 14 | | necessary, any member of either
house may thereafter request | 15 | | that a note be obtained, and in such case the
matter shall be | 16 | | decided by a majority vote of those present and voting in
the | 17 | | house of which he is a 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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| 1 | | 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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| 1 | | 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.)
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