Full Text of HB3710 100th General Assembly
HB3710 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3710 Introduced 2/10/2017, by Rep. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: |
| 30 ILCS 105/5.878 new | | 730 ILCS 5/5-4.5-110 new | | 730 ILCS 5/5-8-9 new | |
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Amends the Unified Code of Corrections. Provides that in the case of a person who is, at the time of the effective date of the amendatory Act, incarcerated for a felony offense under the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act that has been subsequently reclassified as a misdemeanor, the sentencing court, the Director of Corrections, or the incarcerated person may make a motion to recall the original sentence issued and re-sentence the person to a misdemeanor sentence. Creates the Justice Reinvestment Fund in the State treasury for: (1) addressing the destabilizing effects that high incarceration rates have had on families and communities; (2) targeting the community conditions that perpetuate the cycle of crime; (3) providing formerly incarcerated persons a better chance to succeed outside of prison; and (4) providing support to victims. Provides that on or before August 31, 2018, and on or before August 31 of the next 9 fiscal years thereafter, the Comptroller shall transfer from the General Revenue Fund to the Justice Reinvestment Fund 85% of the total savings calculated by the Sentencing Policy Advisory Council from the reduction of the prison population as a result of the reduced sentences provided by the amendatory Act. Amends the State Finance Act to make conforming changes.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Finance Act is amended by adding | 5 | | Section 5.878 as follows: | 6 | | (30 ILCS 105/5.878 new) | 7 | | Sec. 5.878. The Justice Reinvestment Fund. | 8 | | Section 10. The Unified Code of Corrections is amended by | 9 | | adding Sections 5-4.5-110 and 5-8-9 as follows: | 10 | | (730 ILCS 5/5-4.5-110 new) | 11 | | Sec. 5-4.5-110. Resentencing as misdemeanants. | 12 | | (a) In the case of a person who is, at the time of the | 13 | | effective date of this amendatory Act of the 100th General | 14 | | Assembly, incarcerated for a felony offense under the Cannabis | 15 | | Control Act, the Illinois Controlled Substances Act, or the | 16 | | Methamphetamine Control and Community Protection Act that has | 17 | | been subsequently reclassified as a misdemeanor, the | 18 | | sentencing court, the Director of Corrections, or the | 19 | | incarcerated person may make a motion to recall the original | 20 | | sentence issued and re-sentence the person to a misdemeanor | 21 | | under the penalty changes made by this amendatory Act of the |
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| 1 | | 100th General Assembly in the Cannabis Control Act, the | 2 | | Illinois Controlled Substances Act, and the Methamphetamine | 3 | | Control and Community Protection Act. The sentencing court | 4 | | shall determine whether the petitioner qualifies for | 5 | | resentencing as a result of the reclassification of felony | 6 | | offenses as misdemeanors. If the petitioner qualifies for | 7 | | resentencing, the petitioner's felony sentence shall be | 8 | | recalled and the petitioner shall be re-sentenced to a | 9 | | misdemeanor under the Cannabis Control Act, the Illinois | 10 | | Controlled Substances Act, or the Methamphetamine Control and | 11 | | Community Protection Act, unless the court, in its discretion, | 12 | | determines that re-sentencing the petitioner would pose an | 13 | | unreasonable risk of danger to public safety. Under no | 14 | | circumstances shall re-sentencing result in a sentence that is | 15 | | longer than the original sentence. | 16 | | (b) In the case of a person who has completed his or her | 17 | | sentence for a felony conviction under the Cannabis Control | 18 | | Act, the Illinois Controlled Substances Act, or the | 19 | | Methamphetamine Control and Community Protection Act, he or she | 20 | | may apply to have the felony conviction designated as a | 21 | | misdemeanor, or the sentencing court or the Director of | 22 | | Corrections may make a motion to have the felony conviction | 23 | | designated as a misdemeanor. All sentencing courts throughout | 24 | | this State shall provide applications for this purpose. | 25 | | (c) If the original sentencing court is not available for | 26 | | re-sentencing under subsections (b) and (c) of this Section, |
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| 1 | | the presiding judge shall designate another judge to rule on | 2 | | the motion or application. | 3 | | (d) Nothing in subsections (a) through (c) of this Section | 4 | | is intended to diminish or abrogate any rights or remedies | 5 | | otherwise available to the petitioner or applicant, or to any | 6 | | victims of the crimes that resulted in the felony convictions | 7 | | at issue. | 8 | | (730 ILCS 5/5-8-9 new) | 9 | | Sec. 5-8-9. Purpose. | 10 | | (a) Purpose. From 1982 to 2013, Illinois' incarcerated | 11 | | population nearly tripled, with much of the expansion caused by | 12 | | the increased criminalization of public health concerns such as | 13 | | the effects of poverty, mental illness, and drug use, and the | 14 | | disproportionately aggressive enforcement of criminal laws | 15 | | within communities of color. These trends resulted in justice | 16 | | expenditures more than doubling, in real dollars, during this | 17 | | period. The General Assembly hereby declares it a priority to | 18 | | right-size our justice system and realign our spending | 19 | | priorities to maximize public health and safety. Through the | 20 | | creation of the Justice Reinvestment Fund in the State | 21 | | treasury, a substantial portion of the savings realized from | 22 | | reducing our incarceration rate, by re-classifying a series of | 23 | | non-violent felony offenses as misdemeanors, will be | 24 | | reinvested in addressing the root causes of crime, violence, | 25 | | and recidivism. Among a wide range of positive effects, this |
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| 1 | | initiative will create substantially healthier and safer | 2 | | communities across the State by: | 3 | | (1) addressing the destabilizing effects that high | 4 | | incarceration rates have had on families and communities; | 5 | | (2) targeting the community conditions that perpetuate | 6 | | the cycle of crime; | 7 | | (3) providing formerly incarcerated persons a better | 8 | | chance to succeed outside of prison; and | 9 | | (4) providing support to victims. | 10 | | (b) On or before July 31, 2018, and on or before July 31 of | 11 | | the next 9 fiscal years thereafter, the Sentencing Policy | 12 | | Advisory Council shall calculate the savings that accrued to | 13 | | the State during the preceding fiscal year, as compared to the | 14 | | fiscal year ending June 30, 2017, due to criminal justice | 15 | | reform efforts. The savings calculation shall be solely based | 16 | | on: | 17 | | (1) the number of persons incarcerated in a Department | 18 | | of Corrections facility during the fiscal year ending June | 19 | | 30, 2017 for the offenses that have been reclassified as a | 20 | | result of criminal justice reform efforts enacted into law | 21 | | by the General Assembly; | 22 | | (2) the average length of stay in Department of | 23 | | Corrections facilities for these offenses before they were | 24 | | reclassified as misdemeanors; | 25 | | (3) the marginal cost per inmate per year; and | 26 | | (4) any reduction in fixed costs, overhead costs, or |
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| 1 | | administrative costs. | 2 | | In making the calculations required by this subsection (b), | 3 | | the Sentencing Policy Advisory Council shall use actual data or | 4 | | best available estimates when actual data is not available. The | 5 | | State Comptroller shall certify the results of the calculation | 6 | | no later than August 15 of each fiscal year. | 7 | | (c) On or before August 31, 2018, and on or before August | 8 | | 31 of the next 9 fiscal years thereafter, the Comptroller shall | 9 | | transfer from the General Revenue Fund to the Justice | 10 | | Reinvestment Fund 85% of the total savings calculated under | 11 | | subsection (b) of this Section minus any necessary deductions | 12 | | under subsections (n) and (o) of this Section. | 13 | | (d) The Justice Reinvestment Fund shall be jointly | 14 | | administered by the Department of Human Services and the | 15 | | Illinois Criminal Justice Information Authority, and each | 16 | | county shall be entitled to a proportionate share of the annual | 17 | | funds available provided it meets the criteria described in | 18 | | subsection (f) of this Section. | 19 | | (e) To receive funds under this Section, counties must meet | 20 | | the following criteria: | 21 | | (1) They must submit an annual application in which | 22 | | they specify how they will use the funds to improve public | 23 | | health and safety through investments in evidence-based or | 24 | | promising strategies in one or more of the following areas: | 25 | | (A) living-wage job opportunities; | 26 | | (B) training programs for jobs that pay a living |
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| 1 | | wage; | 2 | | (C) drug treatment services; | 3 | | (D) mental health services, including trauma | 4 | | recovery services for crime victims; | 5 | | (E) afterschool programs for children and youth; | 6 | | (F) pre-K programs; | 7 | | (G) summer and year-round jobs for youth; | 8 | | (H) affordable housing opportunities; | 9 | | (I) community economic development projects and | 10 | | the creation or support of cooperative businesses; | 11 | | (J) alternatives to justice-system involvement | 12 | | within schools and throughout the community, including | 13 | | but not limited to restorative justice programs and | 14 | | increased use of social workers, psychologists, | 15 | | conflict mediators, mental health counselors, and drug | 16 | | treatment counselors to address low-level offenses. | 17 | | The application must specify how the funds will be | 18 | | directed toward one or more of the following: | 19 | | (A) the neighborhoods in the county that have the | 20 | | largest number of former residents in jail or prison; | 21 | | (B) the neighborhoods in the county that have the | 22 | | largest number of crime victims; | 23 | | (C) formerly incarcerated persons who are | 24 | | re-entering the county from prison. | 25 | | (f) In the event that this amendatory Act of the 100th | 26 | | General Assembly results in a down-sizing of the State prison |
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| 1 | | system involving the discharge of any Department of Corrections | 2 | | employees, the Department of Human Services and the Illinois | 3 | | Criminal Justice Information Authority are authorized to | 4 | | deduct funds from the Justice Reinvestment Fund for purposes of | 5 | | assisting those discharged workers with transitional expenses | 6 | | related to job training, community economic development, | 7 | | education, and healthcare needs. The funds used for this | 8 | | purpose shall not account for more than 1% of the total funds | 9 | | deposited into the Justice Reinvestment Fund each year. | 10 | | (g) Funds allocated to counties under this Section may be | 11 | | used by counties for planning and administrative costs | 12 | | associated with implementing the provisions of this amendatory | 13 | | Act of the 100th General Assembly. Counties shall not use the | 14 | | funds to supplant existing funds in the chosen programmatic | 15 | | areas. | 16 | | (h) Counties receiving funds shall submit an annual report | 17 | | to the Department of Human Services and the Illinois Criminal | 18 | | Justice Information Authority detailing the uses of the funds | 19 | | and the impact they have had on public health and safety. The | 20 | | Department of Human Services and the Illinois Criminal Justice | 21 | | Information Authority shall assist counties in the filing of | 22 | | their annual reports by providing a template for the reports, | 23 | | including a listing of public health and safety metrics that | 24 | | correspond to each potential area of investment in this | 25 | | subsection (h). On an annual basis, the Department of Human | 26 | | Services and the Illinois Criminal Justice Information |
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| 1 | | Authority shall provide a summary report to the Governor and | 2 | | the General Assembly that details the statewide impact of the | 3 | | Justice Reinvestment Fund on public health and safety. | 4 | | (i) Funds left unclaimed due to a qualifying county failing | 5 | | to submit an application or meet the specified criteria shall | 6 | | be reallocated to the counties that, based on the determination | 7 | | of the Department of Human Services and the Illinois Criminal | 8 | | Justice Information Authority, have been most effective in | 9 | | using their funds to improve public health and safety. | 10 | | (j) The Comptroller shall annually conduct a randomized | 11 | | audit of up to 10% of the counties receiving grants to ensure | 12 | | the funds are disbursed and expended in accordance with the | 13 | | requirements specified herein. The Comptroller shall report | 14 | | his or her findings to the General Assembly and the public. | 15 | | (k) Any costs incurred by the Comptroller and the | 16 | | Sentencing Policy Advisory Council in connection with the | 17 | | fulfillment of their duties described in this Section shall be | 18 | | deducted from the Justice Reinvestment Fund before the funds | 19 | | are disbursed under subsection (c) of this Section. | 20 | | (l) Beginning with the fiscal year ending June 30, 2018, | 21 | | the Sentencing Policy Advisory Council shall deduct any | 22 | | additional costs incurred by the state court system in | 23 | | fulfilling its duties under Section 5-4.5-110 of this Code | 24 | | during the preceding year from the Justice Reinvestment Fund | 25 | | before the funds are disbursed under subsection (c) of this | 26 | | Section. The administrative costs shall not account for more |
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| 1 | | than 2% of the total funds to be deposited into the Justice | 2 | | Reinvestment Fund for the fiscal year ending June 30, 2018, and | 3 | | shall not account for more than 1% of the total funds to be | 4 | | deposited into the Justice Reinvestment Fund for each fiscal | 5 | | year thereafter. | 6 | | (m) Any administrative costs incurred by the Department of | 7 | | Human Services and the Illinois Criminal Justice Information | 8 | | Authority in fulfilling its duties under this this amendatory | 9 | | Act of the 100th General Assembly shall be deducted from the | 10 | | available pool of funds. The administrative costs shall not | 11 | | account for more than 5% of the total funds deposited into the | 12 | | Justice Reinvestment Fund each year.
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