Illinois General Assembly - Full Text of SB1798
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Full Text of SB1798  99th General Assembly

SB1798eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Correctional Budget and Impact Note Act is
5amended by changing Sections 1, 2, 3, 4, 5, and 7 as follows:
 
6    (25 ILCS 70/1)  (from Ch. 63, par. 42.81)
7    Sec. 1. This Act shall be known and may be cited as the
8Correctional Budget and Racial Impact Note Act.
9(Source: P.A. 83-1031.)
 
10    (25 ILCS 70/2)  (from Ch. 63, par. 42.82)
11    Sec. 2. Budget impact and racial note required.
12    (a) Every bill which creates a new criminal offense for
13which a sentence to the Department of Corrections may be
14imposed; or which enhances any class or category of offense to
15a higher grade or penalty for which a sentence to the
16Department of Corrections is authorized; or which requires a
17mandatory commitment to the Department of Corrections, shall
18have prepared for it prior to second reading in the house of
19introduction a brief explanatory statement or note which shall
20include a reliable estimate of the probable impact of such bill
21upon: (i) the number of criminal cases per year the bill will
22affect; (ii) the members of racial minority groups by

 

 

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1ethnicity; (iii) the overall resident population and
2operations of the Department of Corrections; (iv) and the
3probable impact which such bill will have upon the Department's
4annual budget; and (v) any other matter the Department
5considers appropriate.
6    (b) Every bill that (i) creates a new criminal offense for
7which a commitment to a juvenile detention facility, sentence
8of probation, intermediate sanctions, or community service may
9be imposed or (ii) enhances any class or category of offense to
10any grade or penalty for which adjudication, commitment, or
11disposition by a circuit court to the custody of a Probation
12and Court Services Department may result shall have prepared
13for it prior to second reading in the house of introduction a
14brief explanatory statement or note that shall include a
15reliable estimate of the probable impact of the bill upon: (i)
16the number of criminal cases per year the bill will affect;
17(ii) the members of racial minority groups by ethnicity; (iii)
18the overall probation caseload Statewide; (iv) and the probable
19impact the bill will have on staffing needs and upon the annual
20budgets of the Illinois Supreme Court and the counties of this
21State; and (v) any other matter the Administrative Office of
22the Illinois Courts considers appropriate.
23(Source: P.A. 89-198, eff. 7-21-95.)
 
24    (25 ILCS 70/3)  (from Ch. 63, par. 42.83)
25    Sec. 3. The Upon the request of the sponsor of any bill

 

 

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1described in subsection (a) of Section 2, the Director of the
2Department of Corrections, or any person within the Department
3whom the Director may designate, shall prepare and file a
4written statement setting forth the information specified in
5subsection (a) of Section 2. The Upon the request of the
6sponsor of any bill described in subsection (b) of Section 2,
7the Director of the Administrative Office of the Illinois
8Courts, or any person the Director may designate, shall prepare
9and file a written statement setting forth the information
10specified in subsection (b) of Section 2.
11    The statement prepared by the Director of Corrections or
12Director of the Administrative Office of the Illinois Courts,
13as the case may be, shall be designated a Correctional Budget
14and Racial Impact Note and shall be furnished to the sponsor
15within 10 calendar days thereafter, except that whenever,
16because of the complexity of the bill, additional time is
17required for the preparation of the note, the Department of
18Corrections or Administrative Office of the Illinois Courts may
19so notify the sponsor and request an extension of time not to
20exceed 5 additional days within which such note is to be
21furnished. Such extension shall not extend beyond May 15
22following the date of the request.
23(Source: P.A. 92-16, eff. 6-28-01.)
 
24    (25 ILCS 70/4)  (from Ch. 63, par. 42.84)
25    Sec. 4. Whenever the sponsor of any measure is of the

 

 

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1opinion that no Correctional Budget and Racial Impact Note is
2necessary, any member of either house may thereafter request
3that a note be obtained, and in such case the matter shall be
4decided by a majority vote of those present and voting in the
5house of which he is a member.
6(Source: P.A. 83-1031.)
 
7    (25 ILCS 70/5)  (from Ch. 63, par. 42.85)
8    Sec. 5. The note shall be factual in nature, as brief and
9concise as may be, and shall provide as reliable an estimate,
10in terms of population and dollar impact, as is possible under
11the circumstances. The note shall include both the immediate
12effect, and if determinable or reasonably foreseeable, the
13long-range effect of the measure.
14    If, after careful investigation, it is determined that no
15population or dollar estimate is possible, the note shall
16contain a statement to that effect, setting forth the reasons
17why no such estimate can be given. A brief summary or work
18sheet of computations used in arriving at the Budget and Racial
19Impact Note figures shall be supplied.
20(Source: P.A. 90-655, eff. 7-30-98.)
 
21    (25 ILCS 70/7)  (from Ch. 63, par. 42.87)
22    Sec. 7. The fact that a Correctional Budget and Racial
23Impact Note is prepared for any bill shall not preclude or
24restrict the appearance before any committee of the General

 

 

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1Assembly, of any official or authorized employee of any State
2board, commission, department, agency or other entity who
3desires to be heard in support of or in opposition to the
4measure.
5(Source: P.A. 83-1031.)