Full Text of HB3710 100th General Assembly
HB3710ham001 100TH GENERAL ASSEMBLY | Rep. Elgie R. Sims, Jr. Filed: 3/24/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3710
| 2 | | AMENDMENT NO. ______. Amend House Bill 3710 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Purpose. From 1982 to 2013, Illinois' | 5 | | incarcerated population nearly tripled, with much of the | 6 | | expansion caused by the increased criminalization of public | 7 | | health concerns such as the effects of poverty, mental illness, | 8 | | and drug use, and the disproportionately aggressive | 9 | | enforcement of criminal laws within communities of color. These | 10 | | trends resulted in justice expenditures more than doubling, in | 11 | | real dollars, during this period. The General Assembly hereby | 12 | | declares it a priority to right-size our criminal justice | 13 | | system and realign our spending priorities to maximize public | 14 | | health and safety. Through the creation of the Justice | 15 | | Reinvestment Fund in the State treasury, a substantial portion | 16 | | of the savings realized from criminal justice reforms enacted | 17 | | into law will be reinvested in addressing the root causes of |
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| 1 | | crime, violence, and recidivism. Among a wide range of positive | 2 | | effects, this initiative will create substantially healthier | 3 | | and safer communities across the State by: | 4 | | (1) addressing the destabilizing effects that high | 5 | | incarceration rates have had on families and communities; | 6 | | (2) targeting the community conditions that perpetuate | 7 | | the cycle of crime; | 8 | | (3) providing formerly incarcerated persons a better | 9 | | chance to succeed outside of prison; and | 10 | | (4) providing support to victims. | 11 | | Section 5. The State Finance Act is amended by adding | 12 | | Section 5.878 as follows: | 13 | | (30 ILCS 105/5.878 new) | 14 | | Sec. 5.878. The Justice Reinvestment Fund. | 15 | | Section 10. The Unified Code of Corrections is amended by | 16 | | adding Section 5-8-9 as follows: | 17 | | (730 ILCS 5/5-8-9 new) | 18 | | Sec. 5-8-9. Justice Reinvestment Fund. | 19 | | (a) On or before July 31, 2018, and on or before July 31 of | 20 | | the next 9 fiscal years thereafter, the Sentencing Policy | 21 | | Advisory Council shall calculate the savings that accrued to | 22 | | the State during the preceding fiscal year, as compared to the |
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| 1 | | fiscal year ending June 30, 2017, due to criminal justice | 2 | | reforms enacted into law. The savings calculation shall be | 3 | | solely based on: | 4 | | (1) the number of persons incarcerated in a Department | 5 | | of Corrections facility during the fiscal year ending June | 6 | | 30, 2017 for the offenses that have been reclassified to a | 7 | | lower classification of offense as a result of criminal | 8 | | justice reform efforts enacted into law by the General | 9 | | Assembly; | 10 | | (2) the average length of stay in Department of | 11 | | Corrections facilities for these offenses before they were | 12 | | reclassified; | 13 | | (3) the marginal cost per inmate per year; and | 14 | | (4) any reduction in fixed costs, overhead costs, or | 15 | | administrative costs. | 16 | | In making the calculations required by this subsection (a), | 17 | | the Sentencing Policy Advisory Council shall use actual data or | 18 | | best available estimates when actual data is not available. The | 19 | | State Comptroller shall certify the results of the calculation | 20 | | no later than August 15 of each fiscal year. | 21 | | (b) On or before August 31, 2018, and on or before August | 22 | | 31 of the next 9 fiscal years thereafter, the Comptroller shall | 23 | | transfer from the General Revenue Fund to the Justice | 24 | | Reinvestment Fund 85% of the total savings calculated under | 25 | | subsection (a) of this Section minus any necessary deductions | 26 | | under subsections (j) and (k) of this Section. |
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| 1 | | (c) The Justice Reinvestment Fund is created as a special | 2 | | fund in the State treasury. The Fund shall be jointly | 3 | | administered by the Department of Human Services and the | 4 | | Illinois Criminal Justice Information Authority, and each | 5 | | county shall be entitled to a proportionate share of the annual | 6 | | funds available from the Justice Reinvestment Fund provided it | 7 | | meets the criteria described in subsection (d) of this Section. | 8 | | (d) To receive funds under this Section, counties must meet | 9 | | the following criteria: | 10 | | (1) They must submit an annual application in which | 11 | | they specify how they will use the funds to improve public | 12 | | health and safety through investments in evidence-based or | 13 | | promising strategies in one or more of the following areas: | 14 | | (A) living-wage job opportunities; | 15 | | (B) training programs for jobs that pay a living | 16 | | wage; | 17 | | (C) drug treatment services; | 18 | | (D) mental health services, including trauma | 19 | | recovery services for crime victims; | 20 | | (E) afterschool programs for children and youth; | 21 | | (F) pre-K programs; | 22 | | (G) summer and year-round jobs for youth; | 23 | | (H) affordable housing opportunities; | 24 | | (I) community economic development projects and | 25 | | the creation or support of cooperative businesses; | 26 | | (J) alternatives to justice-system involvement |
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| 1 | | within schools and throughout the community, including | 2 | | but not limited to restorative justice programs and | 3 | | increased use of social workers, psychologists, | 4 | | conflict mediators, mental health counselors, and drug | 5 | | treatment counselors to address low-level offenses. | 6 | | The application must specify how the funds will be | 7 | | directed toward one or more of the following: | 8 | | (A) the neighborhoods in the county that have the | 9 | | largest number of former residents in jail or prison; | 10 | | (B) the neighborhoods in the county that have the | 11 | | largest number of crime victims; | 12 | | (C) formerly incarcerated persons who are | 13 | | re-entering the county from prison. | 14 | | (e) If the criminal justice reforms enacted into law yield | 15 | | savings calculated under subsection (a) of this Section results | 16 | | in a down-sizing of the State prison system involving the | 17 | | discharge of any Department of Corrections employees, the | 18 | | Department of Human Services and the Illinois Criminal Justice | 19 | | Information Authority may deduct funds from the Justice | 20 | | Reinvestment Fund for purposes of assisting those discharged | 21 | | workers with transitional expenses related to job training, | 22 | | community economic development, education, and healthcare | 23 | | needs. The funds used for this purpose shall not account for | 24 | | more than 1% of the total funds deposited into the Justice | 25 | | Reinvestment Fund each year. | 26 | | (f) Funds allocated to counties under this Section may be |
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| 1 | | used by counties for planning and administrative costs | 2 | | associated with implementing the provisions of criminal | 3 | | justice reforms enacted into law that yield savings calculated | 4 | | under subsection (a) of this Section. Counties shall not use | 5 | | the funds to supplant existing funds in the chosen programmatic | 6 | | areas. | 7 | | (g) Counties receiving funds shall submit an annual report | 8 | | to the Department of Human Services and the Illinois Criminal | 9 | | Justice Information Authority detailing the uses of the funds | 10 | | and the impact they have had on public health and safety. The | 11 | | Department of Human Services and the Illinois Criminal Justice | 12 | | Information Authority shall assist counties in the filing of | 13 | | their annual reports by providing a template for the reports, | 14 | | including a listing of public health and safety metrics that | 15 | | correspond to each potential area of investment in this | 16 | | subsection (g). On an annual basis, the Department of Human | 17 | | Services and the Illinois Criminal Justice Information | 18 | | Authority shall provide a summary report to the Governor and | 19 | | the General Assembly that details the statewide impact of the | 20 | | Justice Reinvestment Fund on public health and safety. | 21 | | (h) Funds left unclaimed due to a qualifying county failing | 22 | | to submit an application or meet the specified criteria shall | 23 | | be reallocated to the counties that, based on the determination | 24 | | of the Department of Human Services and the Illinois Criminal | 25 | | Justice Information Authority, have been most effective in | 26 | | using their funds to improve public health and safety. |
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| 1 | | (i) The Comptroller shall annually conduct a randomized | 2 | | audit of up to 10% of the counties receiving grants to ensure | 3 | | the funds are disbursed and expended in accordance with the | 4 | | requirements specified herein. The Comptroller shall report | 5 | | his or her findings to the General Assembly and the public. | 6 | | (j) Any costs incurred by the Comptroller and the | 7 | | Sentencing Policy Advisory Council in connection with the | 8 | | fulfillment of their duties described in this Section shall be | 9 | | deducted from the Justice Reinvestment Fund before the funds | 10 | | are disbursed under subsection (b) of this Section. | 11 | | (k) Any administrative costs incurred by the Department of | 12 | | Human Services and the Illinois Criminal Justice Information | 13 | | Authority in fulfilling its duties under this this amendatory | 14 | | Act of the 100th General Assembly shall be deducted from the | 15 | | available pool of funds. The administrative costs shall not | 16 | | account for more than 5% of the total funds deposited into the | 17 | | Justice Reinvestment Fund each year. ".
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