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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Correctional Budget and Impact Note Act is |
5 | | amended by changing Sections 2, 3, 6, 8, and 9 and by adding |
6 | | Section 4.4 as follows:
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7 | | (25 ILCS 70/2) (from Ch. 63, par. 42.82)
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8 | | Sec. 2. Budget impact note required.
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9 | | (a) Every bill which creates a new criminal offense for |
10 | | which a
sentence to the Department of Corrections may be |
11 | | imposed; or which enhances
any class or category of offense to |
12 | | a higher grade or penalty for which a
sentence to the |
13 | | Department of Corrections is authorized; or which requires
a |
14 | | mandatory commitment to the Department of Corrections ; or which |
15 | | requires that a prisoner shall receive sentence credit other |
16 | | than one day of sentence credit for each day of his or her |
17 | | sentence of imprisonment or recommitment; or which increases |
18 | | the length of a term of mandatory supervised release , shall |
19 | | have prepared
for it prior to second reading in the house of |
20 | | introduction a brief explanatory
statement or note which shall |
21 | | include a reliable estimate of the probable
impact of such bill |
22 | | upon the overall resident population of the Department
of |
23 | | Corrections and the probable impact which such bill will have |
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1 | | upon the
Department's annual budget.
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2 | | (b) Every bill that (i) creates a new criminal offense for |
3 | | which a
commitment to the Department of Juvenile Justice or to |
4 | | a juvenile detention facility, sentence of probation,
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5 | | intermediate sanctions, or community service may be imposed or |
6 | | (ii) enhances
any class or category of offense to any grade or |
7 | | penalty for which
adjudication, commitment, or disposition by a |
8 | | circuit court to the custody of
a Probation and Court Services |
9 | | Department may result shall have prepared for it
prior to
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10 | | second reading in the house of introduction a brief explanatory |
11 | | statement or
note that shall include a reliable estimate of the |
12 | | probable impact of the bill
upon the Department of Juvenile |
13 | | Justice, as well as the overall probation caseload Statewide |
14 | | and the probable impact the bill
will have on staffing needs |
15 | | and upon the annual budgets of the Illinois Supreme
Court and |
16 | | the counties of this State.
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17 | | (Source: P.A. 89-198, eff. 7-21-95.)
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18 | | (25 ILCS 70/3) (from Ch. 63, par. 42.83)
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19 | | Sec. 3. Preparation of note. |
20 | | (a) Upon the filing request of the sponsor of any bill |
21 | | described in subsection
(a) of Section 2, the Director of the |
22 | | Department of Corrections, or any person
within the Department |
23 | | whom the Director may designate, shall prepare a written
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24 | | statement setting forth the information specified in |
25 | | subsection (a) of Section
2. Upon the filing request of the |
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1 | | sponsor of any bill described in subsection (b) of
Section 2, |
2 | | the Director of Juvenile Justice and the Director of the |
3 | | Administrative Office of the Illinois
Courts, or any person |
4 | | each the Director may designate, shall prepare a written
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5 | | statement setting forth the information specified in |
6 | | subsection (b) of Section
2.
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7 | | The statement prepared by the Director of Corrections , |
8 | | Director of Juvenile Justice, or Director of
Administrative |
9 | | Office of the Illinois Courts, as the case may be, shall be
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10 | | designated a Correctional Budget and Impact Note and shall be |
11 | | filed with the Clerk of the House or the Secretary of the |
12 | | Senate, as appropriate, and furnished to the
sponsor within 10 |
13 | | calendar days thereafter, except that whenever, because of
the |
14 | | complexity of the bill, additional time is required for the |
15 | | preparation
of the note, the Department of Corrections , |
16 | | Department of Juvenile Justice, or Administrative Office of the
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17 | | Illinois Courts may so notify the sponsor and request an |
18 | | extension of time not
to exceed 5 additional days within which |
19 | | such note is to be furnished. Such
extension shall not extend |
20 | | beyond May 15 following the date of the request.
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21 | | (b) Upon the filing of any bill requiring the preparation |
22 | | of a written statement under subsection (a), the sponsor of the |
23 | | bill in the house of introduction shall inform the Department |
24 | | of Corrections, the Department of Juvenile Justice, and the |
25 | | Administrative Office of the Illinois Courts of the filing of |
26 | | the bill. |
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1 | | (Source: P.A. 92-16, eff. 6-28-01.)
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2 | | (25 ILCS 70/4.4 new) |
3 | | Sec. 4.4. Preferred funding source. Within 5 days after |
4 | | receiving the statement required in Section 3 of this Act, the |
5 | | sponsor shall file with the Clerk of the House or the Secretary |
6 | | of the Senate, as appropriate, a written statement identifying |
7 | | the sponsor's preferred means of funding the costs to be |
8 | | incurred by the legislation. The required identification shall |
9 | | be made either by specifying (i) the additional tax or other |
10 | | revenue source from which an amount equal to the costs |
11 | | identified are to be generated or (ii) the specific line item |
12 | | or items in the budget for the current fiscal year that would |
13 | | be reduced or eliminated to reach an amount equal to the costs |
14 | | identified.
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15 | | (25 ILCS 70/6) (from Ch. 63, par. 42.86)
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16 | | Sec. 6. Preparation of note. No comment or opinion shall be |
17 | | included in the note with regard
to the merits of the measure |
18 | | for which the note is prepared; however technical
or mechanical |
19 | | defects may be noted.
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20 | | The work sheet shall include, insofar as practicable, a |
21 | | breakdown of the
costs upon which the note is based. Such |
22 | | breakdown shall include, but need
not be limited to, costs of |
23 | | personnel, room and board, and capital outlay.
The note shall |
24 | | also include such other information as is required by the
rules |
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1 | | and regulations which may be promulgated by each house of the |
2 | | General
Assembly with respect to the preparation of such notes.
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3 | | The note shall be prepared in quintuplicate and the |
4 | | original of both the
note and the work sheet shall be signed by |
5 | | the Director of the Department
of Corrections or such person as |
6 | | the Director may designate , by the Director of Juvenile |
7 | | Justice, or such person as the Director may designate, or by |
8 | | the
Director
of the Administrative Office of the
Illinois |
9 | | Courts, or any person the Director may designate.
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10 | | (Source: P.A. 89-198, eff. 7-21-95.)
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11 | | (25 ILCS 70/8) (from Ch. 63, par. 42.88)
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12 | | Sec. 8. Amendments; notes required. Whenever any measure is |
13 | | amended on the floor of either house
in such manner as to bring |
14 | | it within the description of bills set forth
in Section 2 |
15 | | above, a majority of such house may propose that no action
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16 | | shall be taken upon the amendment until the sponsor of the |
17 | | amendment presents
to the members a statement of the budget and |
18 | | population impact of his or her amendment,
as required by this |
19 | | Act.
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20 | | (Source: P.A. 83-1031.)
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21 | | (25 ILCS 70/9) (from Ch. 63, par. 42.89)
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22 | | Sec. 9. Confidentiality before introduction. The subject |
23 | | matter of bills submitted to the Director of the
Department of |
24 | | Corrections , the Director of Juvenile Justice, or the Director |
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1 | | of the Administrative Office of
the Illinois Courts shall be |
2 | | kept in strict confidence and no information
relating thereto |
3 | | or relating to the budget or impact thereof shall be divulged
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4 | | by an official or employee of the Department or the |
5 | | Administrative Office of
the Illinois Courts, except to the |
6 | | bill's sponsor or his designee, prior
to the bill's |
7 | | introduction in the General Assembly.
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8 | | (Source: P.A. 92-16, eff. 6-28-01.)
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9 | | (25 ILCS 70/4 rep.)
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10 | | Section 10. The Correctional Budget and Impact Note Act is |
11 | | amended by repealing Section 4.
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12 | | Section 99. Effective date. This Act takes effect upon |
13 | | becoming law. |