(410 ILCS 705/10-5)
Sec. 10-5. Personal use of cannabis; restrictions on cultivation; penalties. (a) Beginning January 1, 2020, notwithstanding any other provision of law, and except as otherwise provided in this Act, the following acts are not a violation of this Act and shall not be a criminal or civil offense under State law or the ordinances of any unit of local government of this State or be a basis for seizure or forfeiture of assets under State law for persons other than natural individuals under 21 years of age: (1) possession, consumption, use, purchase, |
| obtaining, or transporting cannabis paraphernalia or an amount of cannabis for personal use that does not exceed the possession limit under Section 10-10 or otherwise in accordance with the requirements of this Act;
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(2) cultivation of cannabis for personal use in
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| accordance with the requirements of this Act; and
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(3) controlling property if actions that are
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| authorized by this Act occur on the property in accordance with this Act.
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(a-1) Beginning January 1, 2020, notwithstanding any other provision of law, and except as otherwise provided in this Act, possessing, consuming, using, purchasing, obtaining, or transporting cannabis paraphernalia or an amount of cannabis purchased or produced in accordance with this Act that does not exceed the possession limit under subsection (a) of Section 10-10 shall not be a basis for seizure or forfeiture of assets under State law.
(b) Cultivating cannabis for personal use is subject to the following limitations:
(1) An Illinois resident 21 years of age or older who
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| is a registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act may cultivate cannabis plants, with a limit of 5 plants that are more than 5 inches tall, per household without a cultivation center or craft grower license. In this Section, "resident" means a person who has been domiciled in the State of Illinois for a period of 30 days before cultivation.
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(2) Cannabis cultivation must take place in an
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(3) Adult registered qualifying patients may purchase
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| cannabis seeds from a dispensary for the purpose of home cultivation. Seeds may not be given or sold to any other person.
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(4) Cannabis plants shall not be stored or placed in
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| a location where they are subject to ordinary public view, as defined in this Act. A registered qualifying patient who cultivates cannabis under this Section shall take reasonable precautions to ensure the plants are secure from unauthorized access, including unauthorized access by a person under 21 years of age.
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(5) Cannabis cultivation may occur only on
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| residential property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property. An owner or lessor of residential property may prohibit the cultivation of cannabis by a lessee.
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(6) (Blank).
(7) A dwelling, residence, apartment, condominium
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| unit, enclosed, locked space, or piece of property not divided into multiple dwelling units shall not contain more than 5 plants at any one time.
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(8) Cannabis plants may only be tended by registered
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| qualifying patients who reside at the residence, or their authorized agent attending to the residence for brief periods, such as when the qualifying patient is temporarily away from the residence.
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(9) A registered qualifying patient who cultivates
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| more than the allowable number of cannabis plants, or who sells or gives away cannabis plants, cannabis, or cannabis-infused products produced under this Section, is liable for penalties as provided by law, including the Cannabis Control Act, in addition to loss of home cultivation privileges as established by rule.
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(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
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(410 ILCS 705/10-35)
Sec. 10-35. Limitations and penalties. (a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, any of the following conduct: (1) undertaking any task under the influence of |
| cannabis when doing so would constitute negligence, professional malpractice, or professional misconduct;
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(2) possessing cannabis:
(A) in a school bus, unless permitted for a
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| qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
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(B) on the grounds of any preschool or primary or
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| secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
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(C) in any correctional facility;
(D) in a vehicle not open to the public unless
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| the cannabis is in a reasonably secured, sealed or resealable container and reasonably inaccessible while the vehicle is moving; or
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(E) in a private residence that is used at any
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| time to provide licensed child care or other similar social service care on the premises;
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(3) using cannabis:
(A) in a school bus, unless permitted for a
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| qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
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(B) on the grounds of any preschool or primary or
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| secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
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(C) in any correctional facility;
(D) in any motor vehicle;
(E) in a private residence that is used at any
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| time to provide licensed child care or other similar social service care on the premises;
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(F) in any public place; or
(G) knowingly in close physical proximity to
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| anyone under 21 years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Program Act;
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(4) smoking cannabis in any place where smoking is
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| prohibited under the Smoke Free Illinois Act;
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(5) operating, navigating, or being in actual
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| physical control of any motor vehicle, aircraft, watercraft, or snowmobile while using or under the influence of cannabis in violation of Section 11-501 or 11-502.1 of the Illinois Vehicle Code, Section 5-16 of the Boat Registration and Safety Act, or Section 5-7 of the Snowmobile Registration and Safety Act;
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(6) facilitating the use of cannabis by any person
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| who is not allowed to use cannabis under this Act or the Compassionate Use of Medical Cannabis Program Act;
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(7) transferring cannabis to any person contrary to
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| this Act or the Compassionate Use of Medical Cannabis Program Act;
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(8) the use of cannabis by a law enforcement officer,
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| corrections officer, probation officer, or firefighter while on duty; nothing in this Act prevents a public employer of law enforcement officers, corrections officers, probation officers, paramedics, or firefighters from prohibiting or taking disciplinary action for the consumption, possession, sales, purchase, or delivery of cannabis or cannabis-infused substances while on or off duty, unless provided for in the employer's policies. However, an employer may not take adverse employment action against an employee based solely on the lawful possession or consumption of cannabis or cannabis-infused substances by members of the employee's household. To the extent that this Section conflicts with any applicable collective bargaining agreement, the provisions of the collective bargaining agreement shall prevail. Further, nothing in this Act shall be construed to limit in any way the right to collectively bargain over the subject matters contained in this Act; or
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(9) the use of cannabis by a person who has a school
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| bus permit or a Commercial Driver's License while on duty.
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As used in this Section, "public place" means any place where a person could reasonably be expected to be observed by others. "Public place" includes all parts of buildings owned in whole or in part, or leased, by the State or a unit of local government. "Public place" includes all areas in a park, recreation area, wildlife area, or playground owned in whole or in part, leased, or managed by the State or a unit of local government. "Public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises.
(b) Nothing in this Act shall be construed to prevent the arrest or prosecution of a person for reckless driving or driving under the influence of cannabis, operating a watercraft under the influence of cannabis, or operating a snowmobile under the influence of cannabis if probable cause exists.
(c) Nothing in this Act shall prevent a private business from restricting or prohibiting the use of cannabis on its property, including areas where motor vehicles are parked.
(d) Nothing in this Act shall require an individual or business entity to violate the provisions of federal law, including colleges or universities that must abide by the Drug-Free Schools and Communities Act Amendments of 1989, that require campuses to be drug free.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21.)
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(410 ILCS 705/10-40)
Sec. 10-40. Restore, Reinvest, and Renew Program. (a) The General Assembly finds that in order to address the disparities described below, aggressive approaches and targeted resources to support local design and control of community-based responses to these outcomes are required. To carry out this intent, the Restore, Reinvest, and Renew (R3) Program is created for the following purposes: (1) to directly address the impact of economic |
| disinvestment, violence, and the historical overuse of criminal justice responses to community and individual needs by providing resources to support local design and control of community-based responses to these impacts;
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(2) to substantially reduce both the total amount of
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| gun violence and concentrated poverty in this State;
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(3) to protect communities from gun violence through
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| targeted investments and intervention programs, including economic growth and improving family violence prevention, community trauma treatment rates, gun injury victim services, and public health prevention activities;
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(4) to promote employment infrastructure and capacity
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| building related to the social determinants of health in the eligible community areas.
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(b) In this Section, "Authority" means the Illinois Criminal Justice Information Authority in coordination with the Justice, Equity, and Opportunity Initiative of the Lieutenant Governor's Office.
(c) Eligibility of R3 Areas. Within 180 days after the
effective date of this Act, the Authority shall identify as
eligible, areas in this State by way of historically recognized
geographic boundaries, to be designated by the Restore, Reinvest, and Renew Program Board as R3 Areas and therefore eligible
to apply for R3 funding. Local groups within R3 Areas will be
eligible to apply for State funding through the Restore, Reinvest, and Renew Program Board. Qualifications for designation as an R3 Area are as follows:
(1) Based on an analysis of data, communities in this
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| State that are high need, underserved, disproportionately impacted by historical economic disinvestment, and ravaged by violence as indicated by the highest rates of gun injury, unemployment, child poverty rates, and commitments to and returns from the Illinois Department of Corrections.
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(2) The Authority shall send to the Legislative Audit
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| Commission and make publicly available its analysis and identification of eligible R3 Areas and shall recalculate the eligibility data every 4 years. On an annual basis, the Authority shall analyze data and indicate if data covering any R3 Area or portion of an Area has, for 4 consecutive years, substantially deviated from the average of statewide data on which the original calculation was made to determine the Areas, including disinvestment, violence, gun injury, unemployment, child poverty rates, or commitments to or returns from the Illinois Department of Corrections.
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(d) The Restore, Reinvest, and Renew Program Board shall encourage collaborative partnerships within each R3 Area to minimize multiple partnerships per Area.
(e) The Restore, Reinvest, and Renew Program Board is created and shall reflect the diversity of the State of Illinois, including geographic, racial, and ethnic diversity. Using the data provided by the Authority, the Restore, Reinvest, and Renew Program Board shall be responsible for designating the R3 Area boundaries and for the selection and oversight of R3 Area grantees. The Restore, Reinvest, and Renew Program Board ex officio members shall, within 4 months after the effective date of this Act, convene the Board to appoint a full Restore, Reinvest, and Renew Program Board and oversee, provide guidance to, and develop an administrative structure for the R3 Program.
(1) The ex officio members are:
(A) The Lieutenant Governor, or his or her
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| designee, who shall serve as chair.
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(B) The Attorney General, or his or her
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(C) The Director of Commerce and Economic
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| Opportunity, or his or her designee.
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(D) The Director of Public Health, or his or
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(E) The Director of Corrections, or his or
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(F) The Director of Juvenile Justice, or his
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(G) The Director of Children and Family
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| Services, or his or her designee.
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(H) The Executive Director of the Illinois
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| Criminal Justice Information Authority, or his or her designee.
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(I) The Director of Employment Security, or
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(J) The Secretary of Human Services, or his
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(K) A member of the Senate, designated by the
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(L) A member of the House of Representatives,
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| designated by the Speaker of the House of Representatives.
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(M) A member of the Senate, designated by the
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| Minority Leader of the Senate.
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(N) A member of the House of Representatives,
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| designated by the Minority Leader of the House of Representatives.
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(2) Within 90 days after the R3 Areas have been
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| designated by the Restore, Reinvest, and Renew Program Board, the following members shall be appointed to the Board by the R3 board chair:
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(A) Eight public officials of municipal
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| geographic jurisdictions in the State that include an R3 Area, or their designees;
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(B) Four community-based providers or community
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| development organization representatives who provide services to treat violence and address the social determinants of health, or promote community investment, including, but not limited to, services such as job placement and training, educational services, workforce development programming, and wealth building. The community-based organization representatives shall work primarily in jurisdictions that include an R3 Area and no more than 2 representatives shall work primarily in Cook County. At least one of the community-based providers shall have expertise in providing services to an immigrant population;
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(C) Two experts in the field of violence
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(D) One male who has previously been incarcerated
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| and is over the age of 24 at the time of appointment;
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(E) One female who has previously been
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| incarcerated and is over the age of 24 at the time of appointment;
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(F) Two individuals who have previously been
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| incarcerated and are between the ages of 17 and 24 at the time of appointment; and
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(G) Eight individuals who live or work in an R3
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As used in this paragraph (2), "an individual who has
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| been previously incarcerated" means a person who has been convicted of or pled guilty to one or more felonies, who was sentenced to a term of imprisonment, and who has completed his or her sentence. Board members shall serve without compensation and may be reimbursed for reasonable expenses incurred in the performance of their duties from funds appropriated for that purpose. Once all its members have been appointed as outlined in items (A) through (F) of this paragraph (2), the Board may exercise any power, perform any function, take any action, or do anything in furtherance of its purposes and goals upon the appointment of a quorum of its members. The Board terms of the non-ex officio and General Assembly Board members shall end 4 years from the date of appointment. The R3 board chair may remove an individual appointed to the Board who does not regularly attend Board meetings, based on criteria approved by the Board.
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(f) Within 12 months after the effective date of this Act, the Board shall:
(1) develop a process to solicit applications from
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(2) develop a standard template for both planning and
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| implementation activities to be submitted by R3 Areas to the State;
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(3) identify resources sufficient to support the full
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| administration and evaluation of the R3 Program, including building and sustaining core program capacity at the community and State levels;
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(4) review R3 Area grant applications and proposed
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| agreements and approve the distribution of resources;
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(5) develop a performance measurement system that
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| focuses on positive outcomes;
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(6) develop a process to support ongoing monitoring
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| and evaluation of R3 programs; and
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(7) deliver an annual report to the General Assembly
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| and to the Governor to be posted on the Governor's Office and General Assembly websites and provide to the public an annual report on its progress.
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(g) R3 Area grants.
(1) Grant funds shall be awarded by the Illinois
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| Criminal Justice Information Authority, in coordination with the R3 board, based on the likelihood that the plan will achieve the outcomes outlined in subsection (a) and consistent with the requirements of the Grant Accountability and Transparency Act. The R3 Program shall also facilitate the provision of training and technical assistance for capacity building within and among R3 Areas.
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(2) R3 Program Board grants shall be used to address
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| economic development, violence prevention services, re-entry services, youth development, and civil legal aid.
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(3) The Restore, Reinvest, and Renew Program Board
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| and the R3 Area grantees shall, within a period of no more than 120 days from the completion of planning activities described in this Section, finalize an agreement on the plan for implementation. Implementation activities may:
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(A) have a basis in evidence or best practice
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| research or have evaluations demonstrating the capacity to address the purpose of the program in subsection (a);
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(B) collect data from the inception of planning
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| activities through implementation, with data collection technical assistance when needed, including cost data and data related to identified meaningful short-term, mid-term, and long-term goals and metrics;
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(C) report data to the Restore, Reinvest, and
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| Renew Program Board biannually; and
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(D) report information as requested by the R3
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(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21.)
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