SB1886 100TH GENERAL ASSEMBLY

LRB100 09338 RLC 19499 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1886

Introduced 2/10/2017, by Sen. Toi W. Hutchinson

SYNOPSIS AS INTRODUCED:

See Index

Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Reduces felony penalties for possession of cannabis, controlled substances, and methamphetamine to misdemeanors. 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 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 Cannabis Control Act is amended by changing Section 4 as follows:

(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)

Sec. 4. It is unlawful for any person knowingly to possess cannabis. Any person who violates this section with respect to:

(a) not more than 10 grams of any substance containing cannabis is guilty of a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. The proceeds of the fine shall be payable to the clerk of the circuit court. Within 30 days after the deposit of the fine, the clerk shall distribute the proceeds of the fine as follows:

(1) $10 of the fine to the circuit clerk and $10 of the fine to the law enforcement agency that issued the citation; the proceeds of each $10 fine distributed to the circuit clerk and each $10 fine distributed to the law enforcement agency that issued the citation for the violation shall be used to defer the cost of automatic expungements under paragraph (2.5) of subsection (a) of Section 5.2 of the Criminal Identification Act;

(2) $15 to the county to fund drug addiction services;

(3) $10 to the Office of the State's Attorneys Appellate Prosecutor for use in training programs;

(4) $10 to the State's Attorney; and

(5) any remainder of the fine to the law enforcement agency that issued the citation for the violation.

With respect to funds designated for the Department of State Police, the moneys shall be remitted by the circuit court clerk to the Department of State Police within one month after receipt for deposit into the State Police Operations Assistance Fund. With respect to funds designated for the Department of Natural Resources, the Department of Natural Resources shall deposit the moneys into the Conservation Police Operations Assistance Fund;

(b) more than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class B misdemeanor;

(c) more than 30 grams but not more than 100 grams of any substance containing cannabis is guilty of a Class A misdemeanor. ; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony;

(d) (blank); more than 100 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 4 felony; provided that if any offense under this subsection (d) is a subsequent offense, the offender shall be guilty of a Class 3 felony;

(e) (blank); more than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 3 felony;

(f) (blank); more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 2 felony;

(g) (blank). more than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony.

(Source: P.A. 99-697, eff. 7-29-16.)

Section 15. The Illinois Controlled Substances Act is amended by changing Section 402 as follows:

(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)

Sec. 402. Except as otherwise authorized by this Act, it is unlawful for any person knowingly to possess a controlled or counterfeit substance or controlled substance analog. A violation of this Act with respect to any each of the controlled substance substances listed herein constitutes a single and separate violation of this Act. For purposes of this Section, "controlled substance analog" or "analog" means a substance, other than a controlled substance, that has a chemical structure substantially similar to that of a controlled substance in Schedule I or II, or that was specifically designed to produce an effect substantially similar to that of a controlled substance in Schedule I or II. Examples of chemical classes in which controlled substance analogs are found include, but are not limited to, the following: phenethylamines, N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles, and arylcycloalkylamines. For purposes of this Act, a controlled substance analog shall be treated in the same manner as the controlled substance to which it is substantially similar.

(a) Any person who violates this Section with respect to any controlled substance or counterfeit substance or controlled substance analog, with the exception of methamphetamine or an anabolic steroid, with respect to the following controlled or counterfeit substances and amounts, notwithstanding any of the provisions of subsections (c) and (d) to the contrary, is guilty of a Class A misdemeanor. 1 felony and shall, if sentenced to a term of imprisonment, be sentenced as provided in this subsection (a) and fined as provided in subsection (b):

(1) (A) not less than 4 years and not more than 15 years with respect to 15 grams or more but less than 100 grams of a substance containing heroin;

(B) not less than 6 years and not more than 30 years with respect to 100 grams or more but less than 400 grams of a substance containing heroin;

(C) not less than 8 years and not more than 40 years with respect to 400 grams or more but less than 900 grams of any substance containing heroin;

(D) not less than 10 years and not more than 50 years with respect to 900 grams or more of any substance containing heroin;

(2) (A) not less than 4 years and not more than 15 years with respect to 15 grams or more but less than 100 grams of any substance containing cocaine;

(B) not less than 6 years and not more than 30 years with respect to 100 grams or more but less than 400 grams of any substance containing cocaine;

(C) not less than 8 years and not more than 40 years with respect to 400 grams or more but less than 900 grams of any substance containing cocaine;

(D) not less than 10 years and not more than 50 years with respect to 900 grams or more of any substance containing cocaine;

(3) (A) not less than 4 years and not more than 15 years with respect to 15 grams or more but less than 100 grams of any substance containing morphine;

(B) not less than 6 years and not more than 30 years with respect to 100 grams or more but less than 400 grams of any substance containing morphine;

(C) not less than 6 years and not more than 40 years with respect to 400 grams or more but less than 900 grams of any substance containing morphine;

(D) not less than 10 years and not more than 50 years with respect to 900 grams or more of any substance containing morphine;

(4) 200 grams or more of any substance containing peyote;

(5) 200 grams or more of any substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid;

(6) 200 grams or more of any substance containing amphetamine or any salt of an optical isomer of amphetamine;

(6.5) (blank);

(7) (A) not less than 4 years and not more than 15 years with respect to: (i) 15 grams or more but less than 100 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 15 or more objects or 15 or more segregated parts of an object or objects but less than 200 objects or 200 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;

(B) not less than 6 years and not more than 30 years with respect to: (i) 100 grams or more but less than 400 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 200 or more objects or 200 or more segregated parts of an object or objects but less than 600 objects or less than 600 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;

(C) not less than 8 years and not more than 40 years with respect to: (i) 400 grams or more but less than 900 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 600 or more objects or 600 or more segregated parts of an object or objects but less than 1500 objects or 1500 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;

(D) not less than 10 years and not more than 50 years with respect to: (i) 900 grams or more of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 1500 or more objects or 1500 or more segregated parts of an object or objects containing in them or having upon them any amount of a substance containing lysergic acid diethylamide (LSD), or an analog thereof;

(7.5) (A) not less than 4 years and not more than 15 years with respect to: (i) 15 grams or more but less than 100 grams of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 15 or more pills, tablets, caplets, capsules, or objects but less than 200 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;

(B) not less than 6 years and not more than 30 years with respect to: (i) 100 grams or more but less than 400 grams of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 200 or more pills, tablets, caplets, capsules, or objects but less than 600 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;

(C) not less than 8 years and not more than 40 years with respect to: (i) 400 grams or more but less than 900 grams of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 600 or more pills, tablets, caplets, capsules, or objects but less than 1,500 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;

(D) not less than 10 years and not more than 50 years with respect to: (i) 900 grams or more of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 1,500 or more pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of a substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;

(8) 30 grams or more of any substance containing pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof;

(9) 30 grams or more of any substance containing methaqualone or any of the salts, isomers and salts of isomers of methaqualone;

(10) 30 grams or more of any substance containing phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP);

(10.5) 30 grams or more of any substance containing ketamine or any of the salts, isomers and salts of isomers of ketamine;

(11) 200 grams or more of any substance containing any substance classified as a narcotic drug in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection.

(b) (Blank); Any person sentenced with respect to violations of paragraph (1), (2), (3), (7), or (7.5) of subsection (a) involving 100 grams or more of the controlled substance named therein, may in addition to the penalties provided therein, be fined an amount not to exceed $200,000 or the full street value of the controlled or counterfeit substances, whichever is greater. The term "street value" shall have the meaning ascribed in Section 110-5 of the Code of Criminal Procedure of 1963. Any person sentenced with respect to any other provision of subsection (a), may in addition to the penalties provided therein, be fined an amount not to exceed $200,000.

(c) (Blank); Any person who violates this Section with regard to an amount of a controlled substance other than methamphetamine or counterfeit substance not set forth in subsection (a) or (d) is guilty of a Class 4 felony. The fine for a violation punishable under this subsection (c) shall not be more than $25,000.

(d) Any person who violates this Section with regard to any amount of anabolic steroid is guilty of a Class C misdemeanor for the first offense and a Class B misdemeanor for a subsequent offense committed within 2 years of a prior conviction.

(Source: P.A. 99-371, eff. 1-1-16.)

Section 20. The Methamphetamine Control and Community Protection Act is amended by changing Section 60 as follows:

(720 ILCS 646/60)

Sec. 60. Methamphetamine possession.

(a) It is unlawful knowingly to possess methamphetamine or a substance containing methamphetamine.

(b) A person who violates subsection (a) is guilty of a Class A misdemeanor. subject to the following penalties:

(1) A person who possesses less than 5 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class 3 felony.

(2) A person who possesses 5 or more grams but less than 15 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class 2 felony.

(3) A person who possesses 15 or more grams but less than 100 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class 1 felony.

(4) A person who possesses 100 or more grams but less than 400 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000.

(5) A person who possesses 400 or more grams but less than 900 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 8 years and not more than 40 years, and subject to a fine not to exceed $200,000.

(6) A person who possesses 900 or more grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 10 years and not more than 50 years, and subject to a fine not to exceed $300,000.

(Source: P.A. 94-556, eff. 9-11-05.)

Section 25. 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 facing criminal charges for an offense committed prior to the effective date of this amendatory Act of the 100th General Assembly that would have qualified as a felony under the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act at the time it was committed, but the person has not been sentenced by the time this amendatory Act of the 100th General Assembly takes effect and this amendatory Act of the 100th General Assembly reclassifies the offense as a misdemeanor, the sentencing court shall sentence the defendant based on 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.

(b) 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 by this amendatory Act of the 100th General Assembly. 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, under the penalty changes made by this amendatory Act of the 100th General Assembly, 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.

(c) 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 that is reclassified as a misdemeanor by this amendatory Act of the 100th General Assembly, he or she may apply to have the felony conviction designated as a misdemeanor, or the sentencing court or 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. If the court finds that the felony conviction was for an offense that has been reclassified as a misdemeanor by this amendatory Act of the 100th General Assembly, the court shall designate that the conviction was for a misdemeanor.

(d) 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.

(e) Nothing in subsections (a) through (d) 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 the re-classification of felony offenses within the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act as misdemeanors by this amendatory Act of the 100th General Assembly. 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 misdemeanors by this amendatory Act of the 100th General Assembly compared to the number of persons incarcerated for those same offenses in a Department of Corrections facility during the fiscal year for which the calculation is being made;

(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 due to the closing of a Department of Corrections facility, or portion of a Department of Corrections facility, as a result of this amendatory Act of the 100th General Assembly.

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 calculations shall be final and shall not be adjusted for any subsequent changes in the underlying data. 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) Funds transferred to the Justice Reinvestment Fund shall be used exclusively for the purposes of this Act and shall not be subject to appropriation or transfer by the General Assembly for any other purpose.

(e) On or before April 30, 2018, the Sentencing Policy Advisory Council shall calculate, for each county in this State, the 3-year average of the number of residents of that county who were incarcerated within a State prison for felony offenses in the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act that are re-classified as misdemeanors by this amendatory Act of the 100th General Assembly. The 3-year average shall be based on the fiscal years ending June 30, 2015; June 30, 2016; and June 30, 2017.

(f) On or before April 30, 2018, the Sentencing Policy Advisory Council shall calculate, for the entire State, the 3-year average of the number of persons who were incarcerated within a State prison for felony offenses in the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act that are re-classified as misdemeanors by this amendatory Act of the 100th General Assembly. The 3-year average shall be based on the fiscal years ending June 30, 2015; June 30, 2016; and June 30, 2017.

(g) 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 (h) of this Section. For the fiscal year ending on June 30, 2018, each county's proportionate share shall be based on their contribution to the total number of persons who have pre-existing felony convictions at the time of enactment of this amendatory Act of the 100th General Assembly that are re-sentenced or designated as misdemeanors under Section 5-4.5-110 of this Code by June 30, 2018. For each fiscal year thereafter, each county's share of available funds will be determined by their 3-year average calculated in subsection (e) of this Section as a percentage of the 3-year average for the State calculated in subsection (f) of this Section.

(h) 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.

(i) 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.

(j) 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.

(k) 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 subsection (h) of this Section. 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. Counties receiving less than $50,000 from the Justice Reinvestment Fund in a single year shall be exempt from this reporting requirement that year.

(l) 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.

(m) 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.

(n) 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.

(o) 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.

(p) 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.