Sen. Patricia Van Pelt

Filed: 5/24/2018





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2    AMENDMENT NO. ______. Amend House Bill 5308, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 1. This Act may be referred to as the SAFE Zone
7    Section 5. Legislative findings.
8    (a) The General Assembly finds that some communities of
9this State are ravaged by violence and that a substantial and
10disproportionate amount of serious crimes are committed by
11persons who unlawfully possess firearms. In many of these
12communities, there is high unemployment and poverty fueled by
13incarceration and other barriers to employment after release.
14Aggressive and tailored approaches to address these outcomes
15are required.
16    (b) The General Assembly finds that violence should be



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1viewed as a public health crisis that requires identifying and
2building on community assets leading to investment in job
3creation, housing, employment training, child care, healthcare
4and other services.
5    (c) To carry out this intent, the General Assembly declares
6the following purposes of this Law:
7        (1) to protect communities from gun violence through
8    targeted intervention programs, including economic growth
9    and improving family violence prevention, community trauma
10    treatment rates, gun injury victim services, and public
11    health prevention activities;
12        (2) to substantially reduce both the total amount of
13    gun violence and concentrated poverty in this State;
14        (3) to intervene with persons who violate gun
15    possession laws in a risk-responsive manner that decreases
16    the likelihood of any future violent incidents and equips
17    those who have previously violated gun laws to live
18    responsibly and safely; and
19        (4) to promote employment infrastructure in community
20    areas with the highest concentrations of gun violence and
21    unemployment due to incarceration and resulting criminal
22    records.
23    (d) The ability of children, teenagers, and young adults to
24participate freely in education, employment, and civic life
25without any exposure to illegal weapons or gun violence,
26facilitating their safe and economically stable future



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1prospects, shall be the central purpose of any initiatives
2included in this Law.
3    Section 15. The Illinois Criminal Justice Information Act
4is amended by adding Sections 7.3, 7.3-2, and 7.3-5 as follows:
5    (20 ILCS 3930/7.3 new)
6    Sec. 7.3. Safety and full employment zones. Within 60 days
7after the effective date of this amendatory Act of the 100th
8General Assembly, the Authority shall identify those
9geographic areas eligible to be designated by the Safe and Full
10Employment Coordinating Board as a Safe and Full Employment
11Zone ("SAFE Zone"), as outlined in subsection (c) of Section
127.3-2 of this Act.
13    (a) Qualifications for a SAFE Zone are as follows:
14        (1) An area of extremely high gun violence and economic
15    destabilization shall be qualified to become a SAFE Zone
16    where, based on analysis of concentrated geographic areas,
17    by census tract if possible, that area:
18            (A) contains high gunshot hospitalization and
19        mortality per capita; and
20            (B) contains a high rate of returning citizens
21        following incarceration at the Department of
22        Corrections.
23The Authority shall send to the Legislative Audit Commission
24and make publicly available its analysis and development of the



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1SAFE Zones and shall reevaluate and re-designate SAFE Zones
2every 4 years.
3    (b) Prioritization of spending in SAFE Zones shall be as
5        (1) In the first full fiscal year after the effective
6    date of this amendatory Act of the 100th General Assembly,
7    the Department of Human Services, Department of Public
8    Health, Department of Juvenile Justice, Illinois Criminal
9    Justice Information Authority, Department of Commerce and
10    Economic Opportunity, Department of Healthcare and Family
11    Services, to the extent permitted by federal law, and other
12    relevant State agencies as designated by the Governor and
13    the Safe and Full Employment Coordinating Board as defined
14    in Section 7.3-2 of this Act shall give first priority,
15    within the agency granting authority, to programs
16    providing services that are effective in violence
17    reduction and trauma recovery for SAFE Zones. Federal,
18    State, and local spending on job creation, housing,
19    employment training, child care, healthcare and services
20    to combat community disinvestment that breeds violence
21    shall be prioritized in SAFE Zones. The Governor shall
22    include and outline SAFE Zone spending in his or her annual
23    State budget submitted under Section 50-5 of the State
24    Budget Law.
25        (2) The recommended prioritization to SAFE Zones for
26    the first 2 fiscal years after the effective date of this



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1    amendatory Act of the 100th General Assembly is no less
2    than 5% if otherwise permitted under federal law. Beginning
3    the third fiscal year after the effective date of this
4    amendatory Act of the 100th General Assembly, and every
5    fiscal year thereafter, the prioritization to SAFE Zones
6    shall be no less than 5% if otherwise permitted under
7    federal law. The prioritization to SAFE Zones shall in no
8    case be more than 20% of current programmatic funding if
9    otherwise permitted under federal law.
10    (c) The Authority may adopt rules to implement the SAFE
11Zone provisions under this Act.
12    (20 ILCS 3930/7.3-2 new)
13    Sec. 7.3-2. Safe and Full Employment Coordinating Board.
14    (a) In this Section, "public health approach" means
15addressing violence and violence prevention by treating the
16individual and community symptoms and causes of violence
17through rigorously researched methods. Treatment shall include
18multi-tiered and interdisciplinary approaches involving
19stakeholders from diverse sectors, including the people
20impacted by violence, public agencies, and community-based
22    (a-5) There is created a Safe and Full Employment
23Coordinating Board. The Board shall be composed of the
24following members:
25        (1) the Governor, or his or her designee, who shall



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1    serve as chair;
2        (2) the Director of Corrections, or his or her
3    designee;
4        (3) the Director of Revenue, or his or her designee;
5        (4) the Director of Juvenile Justice, or his or her
6    designee;
7        (5) the Director of Healthcare and Family Services, or
8    his or her designee;
9        (6) the Secretary of Human Services, or his or her
10    designee;
11        (7) the Director of Public Health, or his or her
12    designee;
13        (8) the Director of Commerce and Economic Opportunity,
14    or his or her designee;
15        (9) the Director of Employment Security, or his or her
16    designee;
17        (10) the Director of State Police, or his or her
18    designee;
19        (11) the Director of the Governor's Office of
20    Management and Budget, or his or her designee;
21        (12) the Director of the Illinois Criminal Justice
22    Information Authority, or his or her designee;
23        (13) the Attorney General, or his or her designee;
24        (14) a member of the Senate, designated by the
25    President of the Senate;
26        (15) a member of the House of Representatives,



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1    designated by the Speaker of the House of Representatives;
2        (16) the Minority Leader of the Senate; and
3        (17) the Minority Leader of the House of
4    Representatives.
5    (b) Within 30 days after SAFE Zones have been designated,
6the following shall be added as members of the Board:
7        (1) the highest elected public officials of all
8    counties and municipal geographic jurisdictions in the
9    State which include a SAFE Zone;
10        (2) 6 providers who receive funds to deliver services
11    to treat violence including, but not limited to, services
12    such as job placement and training, educational services,
13    and workforce development programming, appointed by the
14    Secretary of Human Services, in coordination with the
15    Illinois Criminal Justice Information Authority; and
16        (3) 2 persons who have received services from the
17    providers designated in paragraph (2) of this subsection
18    (b), as designated by those service providers.
19    (c) The Board shall meet quarterly and be staffed by the
20Governor's Office of Management and Budget. Within 4 months
21after the effective date of this amendatory Act of the 100th
22General Assembly, the Board shall develop and implement a plan
23for designating SAFE Zones under Section 7.3 of this Act and
24the selection process for local economic growth councils under
25Section 7.3-5 of this Act. Within 4 months from the date the
26last council plan is submitted and approved, the Board shall



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1issue a statewide plan to implement the re-prioritization of
2funding under subsection (b) of Section 7.3 of this Act. The
3plan shall follow a public health approach.
4    (d) The Board shall deliver an annual report to the General
5Assembly and to the Governor and be posted on Governor's Office
6and General Assembly's website and provide to the public an
7annual report on its progress. The report to the General
8Assembly shall be filed with the Clerk of the House of
9Representatives and the Secretary of the Senate in electronic
10form only, in the manner that the Clerk and the Secretary shall
12    (e) The Board shall monitor and collect data on
13intermediate and long-term outcome measures for its statewide
14plan and include that information in the annual report to the
15General Assembly, Governor, and the public beginning on
16December 31, 2019.
17    (f) There shall be a formal evaluation of the SAFE Zone
18implementation and outcomes every 4 years conducted by a public
19university selected by the Safe and Full Employment
20Coordinating Board. The evaluation shall reflect the outcomes
21incorporated and measured in each council plan and also
22statewide positive outcomes to be measured for at least 4
23years. The report shall be sent to the Governor and the General
24Assembly and be posted on each website.
25    (20 ILCS 3930/7.3-5 new)



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1    Sec. 7.3-5. SAFE Zone local economic growth councils.
2    (a) The design of programs and budget requirements in SAFE
3Zones shall be developed by local economic growth councils.
4Each local economic growth council shall be supported by
5technical assistance provided by the State agencies mandated to
6provide services under Sections 7.3 and 7.3-2 of this Act and
7by the Governor's Office of Management and Budget.
8    (b) The process for the selection of members of the local
9economic growth councils shall be designed by the SAFE
10Coordinating Board, to permit maximum community participation
11and to result in councils comprised of residents of the
12community who reflect the assets and strengths of the SAFE
14    (c) Each local economic growth council shall be established
15within 4 months of the effective date of this amendatory Act of
16the 100th General Assembly and be composed of a minimum of 20
17members and no more than 25 members as representatives who live
18within the SAFE Zone.
19    (d) Within 6 months after being established, each local
20economic growth council shall establish a 2-year plan and
21budget to address violence, reduce inappropriate
22incarceration, and expand economic opportunity within the SAFE
23Zone. The plan shall follow a public health approach and shall
24include positive outcome measures for persons benefiting from
25SAFE Zone investments, community asset outcomes, and include
26ways to track those outcomes over at least 4 years. That plan



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1shall be reviewed and approved, or amended after agreement
2between the local economic growth council and the Safe and Full
3Employment Coordinating Board.
4    Section 20. The Unified Code of Corrections is amended by
5changing Section 5-6-3.6 as follows:
6    (730 ILCS 5/5-6-3.6)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 5-6-3.6. First Time Weapon Offender Program.
9    (a) The General Assembly has sought to promote public
10safety, reduce recidivism, and conserve valuable resources of
11the criminal justice system through the creation of diversion
12programs for non-violent offenders. This amendatory Act of the
13100th General Assembly establishes a pilot program for
14first-time, non-violent offenders charged with certain weapons
15offenses. The General Assembly recognizes some persons,
16particularly young adults in areas of high crime or poverty,
17may have experienced trauma that contributes to poor decision
18making skills, and the creation of a diversionary program poses
19a greater benefit to the community and the person than
20incarceration. Under this program, a court, with the consent of
21the defendant and the State's Attorney, may sentence a
22defendant charged with an unlawful use of weapons offense under
23Section 24-1 of the Criminal Code of 2012 or aggravated
24unlawful use of a weapon offense under Section 24-1.6 of the



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1Criminal Code of 2012, if punishable as a Class 4 felony or
2lower, to a First Time Weapon Offender Program.
3    (b) A defendant is not eligible for this Program if:
4        (1) the offense was committed during the commission of
5    a violent offense as defined in subsection (h) of this
6    Section;
7        (2) he or she has previously been convicted or placed
8    on probation or conditional discharge for any violent
9    offense under the laws of this State, the laws of any other
10    state, or the laws of the United States;
11        (3) he or she had a prior successful completion of the
12    First Time Weapon Offender Program under this Section;
13        (4) he or she has previously been adjudicated a
14    delinquent minor for the commission of a violent offense;
15        (5) he or she is 21 years of age or older; or
16        (6) he or she has an existing order of protection
17    issued against him or her.
18    (b-5) In considering whether a defendant shall be sentenced
19to the First Time Weapon Offender Program, the court shall
20consider the following:
21        (1) the age, immaturity, or limited mental capacity of
22    the defendant;
23        (2) the nature and circumstances of the offense;
24        (3) whether participation in the Program is in the
25    interest of the defendant's rehabilitation, including any
26    employment or involvement in community, educational,



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1    training, or vocational programs;
2        (4) whether the defendant suffers from trauma, as
3    supported by documentation or evaluation by a licensed
4    professional; and
5        (5) the potential risk to public safety.
6    (c) For an offense committed on or after the effective date
7of this amendatory Act of the 100th General Assembly and before
8January 1, 2023, whenever an eligible person pleads guilty to
9an unlawful use of weapons offense under Section 24-1 of the
10Criminal Code of 2012 or aggravated unlawful use of a weapon
11offense under Section 24-1.6 of the Criminal Code of 2012,
12which is punishable as a Class 4 felony or lower, the court,
13with the consent of the defendant and the State's Attorney,
14may, without entering a judgment, sentence the defendant to
15complete the First Time Weapon Offender Program. When a
16defendant is placed in the Program, the court shall defer
17further proceedings in the case until the conclusion of the
18period or until the filing of a petition alleging violation of
19a term or condition of the Program. Upon violation of a term or
20condition of the Program, the court may enter a judgment on its
21original finding of guilt and proceed as otherwise provided by
22law. Upon fulfillment of the terms and conditions of the
23Program, the court shall discharge the person and dismiss the
24proceedings against the person.
25    (d) The Program shall be at least 18 months and not to
26exceed 24 months, as determined by the court at the



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1recommendation of the program administrator and the State's
3    (e) The conditions of the Program shall be that the
5        (1) not violate any criminal statute of this State or
6    any other jurisdiction;
7        (2) refrain from possessing a firearm or other
8    dangerous weapon;
9        (3) obtain or attempt to obtain employment;
10        (4) attend educational courses designed to prepare the
11    defendant for obtaining a high school diploma or to work
12    toward passing high school equivalency testing or to work
13    toward completing a vocational training program;
14        (5) refrain from having in his or her body the presence
15    of any illicit drug prohibited by the Methamphetamine
16    Control and Community Protection Act, the Cannabis Control
17    Act, or the Illinois Controlled Substances Act, unless
18    prescribed by a physician, and submit samples of his or her
19    blood or urine or both for tests to determine the presence
20    of any illicit drug;
21        (6) perform a minimum of 50 hours of community service;
22        (7) attend and participate in any Program activities
23    deemed required by the Program administrator, including
24    but not limited to: counseling sessions, in-person and over
25    the phone check-ins, and educational classes; and
26        (8) pay all fines, assessments, fees, and costs.



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1    (f) The Program may, in addition to other conditions,
2require that the defendant:
3        (1) wear an ankle bracelet with GPS tracking;
4        (2) undergo medical or psychiatric treatment, or
5    treatment or rehabilitation approved by the Department of
6    Human Services; and
7        (3) attend or reside in a facility established for the
8    instruction or residence of defendants on probation.
9    (g) There may be only one discharge and dismissal under
10this Section. If a person is convicted of any offense which
11occurred within 5 years subsequent to a discharge and dismissal
12under this Section, the discharge and dismissal under this
13Section shall be admissible in the sentencing proceeding for
14that conviction as evidence in aggravation.
15    (g-5) The Program shall be implemented by the Safe and Full
16Employment Coordinating Board established under Section 7.3-2
17of the Illinois Criminal Justice Information Act.
18    (h) For purposes of this Section, "violent offense" means
19any offense in which bodily harm was inflicted or force was
20used against any person or threatened against any person; any
21offense involving the possession of a firearm or dangerous
22weapon; any offense involving sexual conduct, sexual
23penetration, or sexual exploitation; violation of an order of
24protection, stalking, hate crime, domestic battery, or any
25offense of domestic violence.
26    (i) This Section is repealed on January 1, 2023.



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1(Source: P.A. 100-3, eff. 1-1-18.)".