101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1957

 

Introduced 2/15/2019, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.891 new
730 ILCS 5/5-8-9 new

     Amends the Unified Code of Corrections. Provides that on or before August 31, 2020, 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 costs savings from criminal justice reforms enacted into law. Provides that the Fund shall be jointly administered by the Department of Human Services and the Illinois Criminal Justice Information Authority, and each county shall be entitled to a proportionate share of the annual funds available from the Justice Reinvestment Fund provided it meets certain criteria. Provides that funds left unclaimed due to a qualifying county failing to submit an application or meet the specified criteria shall be reallocated to the counties that, based on the determination of the Department of Human Services and the Illinois Criminal Justice Information Authority, have been most effective in using their funds to improve public health and safety. Provides that counties receiving funds shall submit an annual report to the Department of Human Services and the Illinois Criminal Justice Information Authority detailing the uses of the funds and the impact they have had on public health and safety. Amends the State Finance Act to make conforming changes. Makes other 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,
3represented in the General Assembly:
 
4    Section 1. Purpose. From 1982 to 2013, Illinois'
5incarcerated population nearly tripled, with much of the
6expansion caused by the increased criminalization of public
7health concerns such as the effects of poverty, mental illness,
8and drug use, and the disproportionately aggressive
9enforcement of criminal laws within communities of color. These
10trends resulted in justice expenditures more than doubling, in
11real dollars, during this period. The General Assembly hereby
12declares it a priority to right-size our criminal justice
13system and realign our spending priorities to maximize public
14health and safety. Through the creation of the Justice
15Reinvestment Fund in the State treasury, a substantial portion
16of the savings realized from criminal justice reforms enacted
17into law will be reinvested in addressing the root causes of
18crime, violence, and recidivism. Among a wide range of positive
19effects, this initiative will create substantially healthier
20and safer communities across the State by:
21        (1) addressing the destabilizing effects that high
22    incarceration rates have had on families and communities;
23        (2) targeting the community conditions that perpetuate
24    the cycle of crime;

 

 

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1        (3) providing formerly incarcerated persons a better
2    chance to succeed outside of prison; and
3        (4) providing support to victims.
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.891 as follows:
 
6    (30 ILCS 105/5.891 new)
7    Sec. 5.891. The Justice Reinvestment Fund.
 
8    Section 10. The Unified Code of Corrections is amended by
9adding Section 5-8-9 as follows:
 
10    (730 ILCS 5/5-8-9 new)
11    Sec. 5-8-9. Justice Reinvestment Fund.
12    (a) On or before July 31, 2020, and on or before July 31 of
13the next 9 fiscal years thereafter, the Sentencing Policy
14Advisory Council shall calculate the savings that accrued to
15the State during the preceding fiscal year, as compared to the
16fiscal year ending June 30, 2019, due to criminal justice
17reforms enacted into law. The savings calculation shall be
18solely based on:
19        (1) the number of persons incarcerated in a Department
20    of Corrections facility during the fiscal year ending June
21    30, 2019 for the offenses that have been reclassified to a
22    lower classification of offense as a result of criminal

 

 

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1    justice reform efforts enacted into law by the General
2    Assembly;
3        (2) the average length of stay in Department of
4    Corrections facilities for these offenses before they were
5    reclassified;
6        (3) the marginal cost per inmate per year; and
7        (4) any reduction in fixed costs, overhead costs, or
8    administrative costs.
9    In making the calculations required by this subsection (a),
10the Sentencing Policy Advisory Council shall use actual data or
11best available estimates when actual data is not available. The
12State Comptroller shall certify the results of the calculation
13no later than August 15 of each fiscal year.
14    (b) On or before August 31, 2020, and on or before August
1531 of the next 9 fiscal years thereafter, the Comptroller shall
16transfer from the General Revenue Fund to the Justice
17Reinvestment Fund 85% of the total savings calculated under
18subsection (a) minus any necessary deductions under
19subsections (j) and (k).
20    (c) The Justice Reinvestment Fund is created as a special
21fund in the State treasury. The Fund shall be jointly
22administered by the Department of Human Services and the
23Illinois Criminal Justice Information Authority, and each
24county shall be entitled to a proportionate share of the annual
25funds available from the Justice Reinvestment Fund provided it
26meets the criteria described in subsection (d).

 

 

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1    (d) To receive funds under this Section, counties must meet
2the following criteria:
3        (1) They must submit an annual application in which
4    they specify how they will use the funds to improve public
5    health and safety through investments in evidence-based or
6    promising strategies in one or more of the following areas:
7            (A) living-wage job opportunities;
8            (B) training programs for jobs that pay a living
9        wage;
10            (C) drug treatment services;
11            (D) mental health services, including trauma
12        recovery services for crime victims;
13            (E) afterschool programs for children and youth;
14            (F) pre-K programs;
15            (G) summer and year-round jobs for youth;
16            (H) affordable housing opportunities;
17            (I) community economic development projects and
18        the creation or support of cooperative businesses; and
19            (J) alternatives to justice-system involvement
20        within schools and throughout the community,
21        including, but not limited, to restorative justice
22        programs and increased use of social workers,
23        psychologists, conflict mediators, mental health
24        counselors, and drug treatment counselors to address
25        low-level offenses.
26        The application must specify how the funds will be

 

 

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1    directed toward one or more of the following:
2            (A) the neighborhoods in the county that have the
3        largest number of former residents in jail or prison;
4            (B) the neighborhoods in the county that have the
5        largest number of crime victims; and
6            (C) formerly incarcerated persons who are
7        re-entering the county from prison.
8    (e) If the criminal justice reforms enacted into law yield
9savings calculated under subsection (a) results in a
10down-sizing of the State prison system involving the discharge
11of any Department of Corrections employees, the Department of
12Human Services and the Illinois Criminal Justice Information
13Authority may deduct funds from the Justice Reinvestment Fund
14for purposes of assisting those discharged workers with
15transitional expenses related to job training, community
16economic development, education, and healthcare needs. The
17funds used for this purpose shall not account for more than 1%
18of the total funds deposited into the Justice Reinvestment Fund
19each year.
20    (f) Funds allocated to counties under this Section may be
21used by counties for planning and administrative costs
22associated with implementing the provisions of criminal
23justice reforms enacted into law that yield savings calculated
24under subsection (a). Counties shall not use the funds to
25supplant existing funds in the chosen programmatic areas.
26    (g) Counties receiving funds shall submit an annual report

 

 

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1to the Department of Human Services and the Illinois Criminal
2Justice Information Authority detailing the uses of the funds
3and the impact they have had on public health and safety. The
4Department of Human Services and the Illinois Criminal Justice
5Information Authority shall assist counties in the filing of
6their annual reports by providing a template for the reports,
7including a listing of public health and safety metrics that
8correspond to each potential area of investment in this
9subsection (g). On an annual basis, the Department of Human
10Services and the Illinois Criminal Justice Information
11Authority shall provide a summary report to the Governor and
12the General Assembly that details the statewide impact of the
13Justice Reinvestment Fund on public health and safety.
14    (h) Funds left unclaimed due to a qualifying county failing
15to submit an application or meet the specified criteria shall
16be reallocated to the counties that, based on the determination
17of the Department of Human Services and the Illinois Criminal
18Justice Information Authority, have been most effective in
19using their funds to improve public health and safety.
20    (i) The Comptroller shall annually conduct a randomized
21audit of up to 10% of the counties receiving grants to ensure
22the funds are disbursed and expended in accordance with the
23requirements specified in this Section. The Comptroller shall
24report his or her findings to the General Assembly and the
25public.
26    (j) Any costs incurred by the Comptroller and the

 

 

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1Sentencing Policy Advisory Council in connection with the
2fulfillment of their duties described in this Section shall be
3deducted from the Justice Reinvestment Fund before the funds
4are disbursed under subsection (b).
5    (k) Any administrative costs incurred by the Department of
6Human Services and the Illinois Criminal Justice Information
7Authority in fulfilling its duties under this amendatory Act of
8the 101st General Assembly shall be deducted from the available
9pool of funds. The administrative costs shall not account for
10more than 5% of the total funds deposited into the Justice
11Reinvestment Fund each year.