HB3710 100TH GENERAL ASSEMBLY

LRB100 11050 RLC 21289 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3710

Introduced 2/10/2017, by Rep. Elgie R. Sims, Jr.

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.878 new
730 ILCS 5/5-4.5-110 new
730 ILCS 5/5-8-9 new

Amends the Unified Code of Corrections. Provides that in the case of a person who is, at the time of the effective date of the amendatory Act, incarcerated for a felony offense under the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act that has been subsequently reclassified as a misdemeanor, the sentencing court, the Director of Corrections, or the incarcerated person may make a motion to recall the original sentence issued and re-sentence the person to a misdemeanor sentence. Creates the Justice Reinvestment Fund in the State treasury for: (1) addressing the destabilizing effects that high incarceration rates have had on families and communities; (2) targeting the community conditions that perpetuate the cycle of crime; (3) providing formerly incarcerated persons a better chance to succeed outside of prison; and (4) providing support to victims. Provides that on or before August 31, 2018, 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 the reduction of the prison population as a result of the reduced sentences provided by the amendatory Act. Amends the State Finance Act to make conforming changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by adding Section 5.878 as follows:

(30 ILCS 105/5.878 new)

Sec. 5.878. The Justice Reinvestment Fund.

Section 10. The Unified Code of Corrections is amended by adding Sections 5-4.5-110 and 5-8-9 as follows:

(730 ILCS 5/5-4.5-110 new)

Sec. 5-4.5-110. Resentencing as misdemeanants.

(a) In the case of a person who is, at the time of the effective date of this amendatory Act of the 100th General Assembly, incarcerated for a felony offense under the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act that has been subsequently reclassified as a misdemeanor, the sentencing court, the Director of Corrections, or the incarcerated person may make a motion to recall the original sentence issued and re-sentence the person to a misdemeanor under the penalty changes made by this amendatory Act of the 100th General Assembly in the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. The sentencing court shall determine whether the petitioner qualifies for resentencing as a result of the reclassification of felony offenses as misdemeanors. If the petitioner qualifies for resentencing, the petitioner's felony sentence shall be recalled and the petitioner shall be re-sentenced to a misdemeanor under the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless the court, in its discretion, determines that re-sentencing the petitioner would pose an unreasonable risk of danger to public safety. Under no circumstances shall re-sentencing result in a sentence that is longer than the original sentence.

(b) In the case of a person who has completed his or her sentence for a felony conviction under the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, he or she may apply to have the felony conviction designated as a misdemeanor, or the sentencing court or the Director of Corrections may make a motion to have the felony conviction designated as a misdemeanor. All sentencing courts throughout this State shall provide applications for this purpose.

(c) If the original sentencing court is not available for re-sentencing under subsections (b) and (c) of this Section, the presiding judge shall designate another judge to rule on the motion or application.

(d) Nothing in subsections (a) through (c) of this Section is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant, or to any victims of the crimes that resulted in the felony convictions at issue.

(730 ILCS 5/5-8-9 new)

Sec. 5-8-9. Purpose.

(a) Purpose. From 1982 to 2013, Illinois' incarcerated population nearly tripled, with much of the expansion caused by the increased criminalization of public health concerns such as the effects of poverty, mental illness, and drug use, and the disproportionately aggressive enforcement of criminal laws within communities of color. These trends resulted in justice expenditures more than doubling, in real dollars, during this period. The General Assembly hereby declares it a priority to right-size our justice system and realign our spending priorities to maximize public health and safety. Through the creation of the Justice Reinvestment Fund in the State treasury, a substantial portion of the savings realized from reducing our incarceration rate, by re-classifying a series of non-violent felony offenses as misdemeanors, will be reinvested in addressing the root causes of crime, violence, and recidivism. Among a wide range of positive effects, this initiative will create substantially healthier and safer communities across the State by:

(1) addressing the destabilizing effects that high incarceration rates have had on families and communities;

(2) targeting the community conditions that perpetuate the cycle of crime;

(3) providing formerly incarcerated persons a better chance to succeed outside of prison; and

(4) providing support to victims.

(b) On or before July 31, 2018, and on or before July 31 of the next 9 fiscal years thereafter, the Sentencing Policy Advisory Council shall calculate the savings that accrued to the State during the preceding fiscal year, as compared to the fiscal year ending June 30, 2017, due to criminal justice reform efforts. The savings calculation shall be solely based on:

(1) the number of persons incarcerated in a Department of Corrections facility during the fiscal year ending June 30, 2017 for the offenses that have been reclassified as a result of criminal justice reform efforts enacted into law by the General Assembly;

(2) the average length of stay in Department of Corrections facilities for these offenses before they were reclassified as misdemeanors;

(3) the marginal cost per inmate per year; and

(4) any reduction in fixed costs, overhead costs, or administrative costs.

In making the calculations required by this subsection (b), the Sentencing Policy Advisory Council shall use actual data or best available estimates when actual data is not available. The State Comptroller shall certify the results of the calculation no later than August 15 of each fiscal year.

(c) On or before August 31, 2018, 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 under subsection (b) of this Section minus any necessary deductions under subsections (n) and (o) of this Section.

(d) The Justice Reinvestment 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 provided it meets the criteria described in subsection (f) of this Section.

(e) To receive funds under this Section, counties must meet the following criteria:

(1) They must submit an annual application in which they specify how they will use the funds to improve public health and safety through investments in evidence-based or promising strategies in one or more of the following areas:

(A) living-wage job opportunities;

(B) training programs for jobs that pay a living wage;

(C) drug treatment services;

(D) mental health services, including trauma recovery services for crime victims;

(E) afterschool programs for children and youth;

(F) pre-K programs;

(G) summer and year-round jobs for youth;

(H) affordable housing opportunities;

(I) community economic development projects and the creation or support of cooperative businesses;

(J) alternatives to justice-system involvement within schools and throughout the community, including but not limited to restorative justice programs and increased use of social workers, psychologists, conflict mediators, mental health counselors, and drug treatment counselors to address low-level offenses.

The application must specify how the funds will be directed toward one or more of the following:

(A) the neighborhoods in the county that have the largest number of former residents in jail or prison;

(B) the neighborhoods in the county that have the largest number of crime victims;

(C) formerly incarcerated persons who are re-entering the county from prison.

(f) In the event that this amendatory Act of the 100th General Assembly results in a down-sizing of the State prison system involving the discharge of any Department of Corrections employees, the Department of Human Services and the Illinois Criminal Justice Information Authority are authorized to deduct funds from the Justice Reinvestment Fund for purposes of assisting those discharged workers with transitional expenses related to job training, community economic development, education, and healthcare needs. The funds used for this purpose shall not account for more than 1% of the total funds deposited into the Justice Reinvestment Fund each year.

(g) Funds allocated to counties under this Section may be used by counties for planning and administrative costs associated with implementing the provisions of this amendatory Act of the 100th General Assembly. Counties shall not use the funds to supplant existing funds in the chosen programmatic areas.

(h) 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. The Department of Human Services and the Illinois Criminal Justice Information Authority shall assist counties in the filing of their annual reports by providing a template for the reports, including a listing of public health and safety metrics that correspond to each potential area of investment in this subsection (h). On an annual basis, the Department of Human Services and the Illinois Criminal Justice Information Authority shall provide a summary report to the Governor and the General Assembly that details the statewide impact of the Justice Reinvestment Fund on public health and safety.

(i) 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.

(j) The Comptroller shall annually conduct a randomized audit of up to 10% of the counties receiving grants to ensure the funds are disbursed and expended in accordance with the requirements specified herein. The Comptroller shall report his or her findings to the General Assembly and the public.

(k) Any costs incurred by the Comptroller and the Sentencing Policy Advisory Council in connection with the fulfillment of their duties described in this Section shall be deducted from the Justice Reinvestment Fund before the funds are disbursed under subsection (c) of this Section.

(l) Beginning with the fiscal year ending June 30, 2018, the Sentencing Policy Advisory Council shall deduct any additional costs incurred by the state court system in fulfilling its duties under Section 5-4.5-110 of this Code during the preceding year from the Justice Reinvestment Fund before the funds are disbursed under subsection (c) of this Section. The administrative costs shall not account for more than 2% of the total funds to be deposited into the Justice Reinvestment Fund for the fiscal year ending June 30, 2018, and shall not account for more than 1% of the total funds to be deposited into the Justice Reinvestment Fund for each fiscal year thereafter.

(m) Any administrative costs incurred by the Department of Human Services and the Illinois Criminal Justice Information Authority in fulfilling its duties under this this amendatory Act of the 100th General Assembly shall be deducted from the available pool of funds. The administrative costs shall not account for more than 5% of the total funds deposited into the Justice Reinvestment Fund each year.