Sen. Patricia Van Pelt

Filed: 5/25/2018





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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. Safe 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) For the first 2 fiscal years after the effective
26    date of this amendatory Act of the 100th General Assembly,



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1    the goal for funding is no less than 5% if otherwise
2    permitted under federal law. Beginning the third fiscal
3    year after the effective date of this amendatory Act of the
4    100th General Assembly, and every fiscal year thereafter,
5    the prioritization to SAFE Zones shall be no less than 5%
6    if otherwise permitted under federal law. The
7    prioritization to SAFE Zones shall in no case be more than
8    20% of current programmatic funding if otherwise permitted
9    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) a member of the Senate, designated by the Minority
3    Leader of the Senate; and
4        (17) a member of the House of Representatives,
5    designated by the Minority Leader of the House of
6    Representatives.
7    (b) Within 30 days after SAFE Zones have been designated,
8the following shall be added as members of the Board:
9        (1) the highest elected public officials of all
10    counties and municipal geographic jurisdictions in the
11    State which include a SAFE Zone;
12        (2) 6 providers from 6 geographically distinct areas of
13    the State, who receive funds to deliver services to treat
14    violence including, but not limited to, services such as
15    job placement and training, educational services, and
16    workforce development programming, appointed by the
17    Secretary of Human Services, in coordination with the
18    Illinois Criminal Justice Information Authority; and
19        (3) 2 persons who, within 24 months prior to being
20    designated, have received services from the providers
21    designated in paragraph (2) of this subsection (b), as
22    designated by those service providers.
23    (c) The Board shall meet quarterly and be staffed by the
24Governor's Office of Management and Budget. Within 4 months
25after the effective date of this amendatory Act of the 100th
26General Assembly, the Board shall develop and implement a plan



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1for designating SAFE Zones under Section 7.3 of this Act and
2the selection process for Local Economic Growth Councils under
3Section 7.3-5 of this Act. Within 4 months from the date the
4last Council plan is submitted and approved, the Board shall
5issue a statewide plan to implement the re-prioritization of
6funding under subsection (b) of Section 7.3 of this Act. The
7plan shall follow a public health approach.
8    (d) The Board shall deliver an annual report to the General
9Assembly and to the Governor and be posted on Governor's Office
10and General Assembly's websites and provide to the public an
11annual report on its progress. The report to the General
12Assembly shall be filed with the Clerk of the House of
13Representatives and the Secretary of the Senate in electronic
14form only, in the manner that the Clerk and the Secretary shall
16    (e) The Board shall monitor and collect data on
17intermediate and long-term positive outcome measures for its
18statewide plan and include that information in the annual
19report to the General Assembly, Governor, and the public
20beginning on December 31, 2019.
21    (f) There shall be a formal evaluation of the SAFE Zone Act
22implementation and outcomes every 4 years conducted by a public
23university selected by the Safe and Full Employment
24Coordinating Board. The evaluation shall reflect the outcomes
25incorporated and measured in each Council plan and also
26statewide positive outcomes to be measured for at least 4



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1years. The report shall be sent to the Governor and the General
2Assembly and be posted on each website.
3    (g) The Board is subject to the Freedom of Information Act
4and the Open Meetings Act.
5    (20 ILCS 3930/7.3-5 new)
6    Sec. 7.3-5. SAFE Zone Local Economic Growth Councils.
7    (a) The design of programs and budget requirements in SAFE
8Zones shall be developed by Local Economic Growth Councils.
9Each Local Economic Growth Council shall be supported by
10technical assistance provided by the State agencies mandated to
11provide services under Sections 7.3 and 7.3-2 of this Act and
12by the Governor's Office of Management and Budget.
13    (b) The process for the selection of members of the Local
14Economic Growth Councils shall be designed by the SAFE
15Coordinating Board, to permit maximum community participation
16and to result in Councils comprised of residents of the
17community who reflect the assets and strengths of the SAFE
19    (c) Each Local Economic Growth Council shall be established
20within 4 months of the effective date of this amendatory Act of
21the 100th General Assembly and be composed of a minimum of 20
22members and no more than 25 members as representatives who live
23within the SAFE Zone.
24    (d) Within 6 months after being established, each Local
25Economic Growth Council shall establish a 2-year plan and



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1budget to address violence, reduce inappropriate
2incarceration, and expand economic opportunity within the SAFE
3Zone. The plan shall follow a public health approach and shall
4include positive outcome measures for persons benefiting from
5SAFE Zone investments, community asset outcomes, and include
6ways to track those outcomes over at least 4 years. That plan
7shall be reviewed and approved, or amended after agreement
8between the Local Economic Growth Council and the Safe and Full
9Employment Coordinating Board.
10    (e) Each Local Economic Growth Council is subject to the
11Freedom of Information Act and the Open Meetings Act.
12    Section 20. The Unified Code of Corrections is amended by
13changing Section 5-6-3.6 as follows:
14    (730 ILCS 5/5-6-3.6)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 5-6-3.6. First Time Weapon Offender Program.
17    (a) The General Assembly has sought to promote public
18safety, reduce recidivism, and conserve valuable resources of
19the criminal justice system through the creation of diversion
20programs for non-violent offenders. This amendatory Act of the
21100th General Assembly establishes a pilot program for
22first-time, non-violent offenders charged with certain weapons
23offenses. The General Assembly recognizes some persons,
24particularly young adults in areas of high crime or poverty,



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1may have experienced trauma that contributes to poor decision
2making skills, and the creation of a diversionary program poses
3a greater benefit to the community and the person than
4incarceration. Under this program, a court, with the consent of
5the defendant and the State's Attorney, may sentence a
6defendant charged with an unlawful use of weapons offense under
7Section 24-1 of the Criminal Code of 2012 or aggravated
8unlawful use of a weapon offense under Section 24-1.6 of the
9Criminal Code of 2012, if punishable as a Class 4 felony or
10lower, to a First Time Weapon Offender Program.
11    (b) A defendant is not eligible for this Program if:
12        (1) the offense was committed during the commission of
13    a violent offense as defined in subsection (h) of this
14    Section;
15        (2) he or she has previously been convicted or placed
16    on probation or conditional discharge for any violent
17    offense under the laws of this State, the laws of any other
18    state, or the laws of the United States;
19        (3) he or she had a prior successful completion of the
20    First Time Weapon Offender Program under this Section;
21        (4) he or she has previously been adjudicated a
22    delinquent minor for the commission of a violent offense;
23        (5) he or she is 21 years of age or older; or
24        (6) he or she has an existing order of protection
25    issued against him or her.
26    (b-5) In considering whether a defendant shall be sentenced



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1to the First Time Weapon Offender Program, the court shall
2consider the following:
3        (1) the age, immaturity, or limited mental capacity of
4    the defendant;
5        (2) the nature and circumstances of the offense;
6        (3) whether participation in the Program is in the
7    interest of the defendant's rehabilitation, including any
8    employment or involvement in community, educational,
9    training, or vocational programs;
10        (4) whether the defendant suffers from trauma, as
11    supported by documentation or evaluation by a licensed
12    professional; and
13        (5) the potential risk to public safety.
14    (c) For an offense committed on or after the effective date
15of this amendatory Act of the 100th General Assembly and before
16January 1, 2023, whenever an eligible person pleads guilty to
17an unlawful use of weapons offense under Section 24-1 of the
18Criminal Code of 2012 or aggravated unlawful use of a weapon
19offense under Section 24-1.6 of the Criminal Code of 2012,
20which is punishable as a Class 4 felony or lower, the court,
21with the consent of the defendant and the State's Attorney,
22may, without entering a judgment, sentence the defendant to
23complete the First Time Weapon Offender Program. When a
24defendant is placed in the Program, the court shall defer
25further proceedings in the case until the conclusion of the
26period or until the filing of a petition alleging violation of



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1a term or condition of the Program. Upon violation of a term or
2condition of the Program, the court may enter a judgment on its
3original finding of guilt and proceed as otherwise provided by
4law. Upon fulfillment of the terms and conditions of the
5Program, the court shall discharge the person and dismiss the
6proceedings against the person.
7    (d) The Program shall be at least 18 months and not to
8exceed 24 months, as determined by the court at the
9recommendation of the program administrator and the State's
11    (e) The conditions of the Program shall be that the
13        (1) not violate any criminal statute of this State or
14    any other jurisdiction;
15        (2) refrain from possessing a firearm or other
16    dangerous weapon;
17        (3) obtain or attempt to obtain employment;
18        (4) attend educational courses designed to prepare the
19    defendant for obtaining a high school diploma or to work
20    toward passing high school equivalency testing or to work
21    toward completing a vocational training program;
22        (5) refrain from having in his or her body the presence
23    of any illicit drug prohibited by the Methamphetamine
24    Control and Community Protection Act, the Cannabis Control
25    Act, or the Illinois Controlled Substances Act, unless
26    prescribed by a physician, and submit samples of his or her



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1    blood or urine or both for tests to determine the presence
2    of any illicit drug;
3        (6) perform a minimum of 50 hours of community service;
4        (7) attend and participate in any Program activities
5    deemed required by the Program administrator, including
6    but not limited to: counseling sessions, in-person and over
7    the phone check-ins, and educational classes; and
8        (8) pay all fines, assessments, fees, and costs.
9    (f) The Program may, in addition to other conditions,
10require that the defendant:
11        (1) wear an ankle bracelet with GPS tracking;
12        (2) undergo medical or psychiatric treatment, or
13    treatment or rehabilitation approved by the Department of
14    Human Services; and
15        (3) attend or reside in a facility established for the
16    instruction or residence of defendants on probation.
17    (g) There may be only one discharge and dismissal under
18this Section. If a person is convicted of any offense which
19occurred within 5 years subsequent to a discharge and dismissal
20under this Section, the discharge and dismissal under this
21Section shall be admissible in the sentencing proceeding for
22that conviction as evidence in aggravation.
23    (g-5) The Program shall be implemented by the Safe and Full
24Employment Coordinating Board established under Section 7.3-2
25of the Illinois Criminal Justice Information Act.
26    (h) For purposes of this Section, "violent offense" means



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1any offense in which bodily harm was inflicted or force was
2used against any person or threatened against any person; any
3offense involving the possession of a firearm or dangerous
4weapon; any offense involving sexual conduct, sexual
5penetration, or sexual exploitation; violation of an order of
6protection, stalking, hate crime, domestic battery, or any
7offense of domestic violence.
8    (i) This Section is repealed on January 1, 2023.
9(Source: P.A. 100-3, eff. 1-1-18.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".