SB1798eng 99TH GENERAL ASSEMBLY

SB1798 Engrossed LRB099 09147 JLK 29344 b

AN ACT concerning State government.

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

Section 5. The Correctional Budget and Impact Note Act is amended by changing Sections 1, 2, 3, 4, 5, and 7 as follows:

(25 ILCS 70/1) (from Ch. 63, par. 42.81)

Sec. 1. This Act shall be known and may be cited as the Correctional Budget and Racial Impact Note Act.

(Source: P.A. 83-1031.)

(25 ILCS 70/2) (from Ch. 63, par. 42.82)

Sec. 2. Budget impact and racial note required.

(a) Every bill which creates a new criminal offense for which a sentence to the Department of Corrections may be imposed; or which enhances any class or category of offense to a higher grade or penalty for which a sentence to the Department of Corrections is authorized; or which requires a mandatory commitment to the Department of Corrections, shall have prepared for it prior to second reading in the house of introduction a brief explanatory statement or note which shall include a reliable estimate of the probable impact of such bill upon: (i) the number of criminal cases per year the bill will affect; (ii) the members of racial minority groups by ethnicity; (iii) the overall resident population and operations of the Department of Corrections; (iv) and the probable impact which such bill will have upon the Department's annual budget; and (v) any other matter the Department considers appropriate.

(b) Every bill that (i) creates a new criminal offense for which a commitment to a juvenile detention facility, sentence of probation, intermediate sanctions, or community service may be imposed or (ii) enhances any class or category of offense to any grade or penalty for which adjudication, commitment, or disposition by a circuit court to the custody of a Probation and Court Services Department may result shall have prepared for it prior to second reading in the house of introduction a brief explanatory statement or note that shall include a reliable estimate of the probable impact of the bill upon: (i) the number of criminal cases per year the bill will affect; (ii) the members of racial minority groups by ethnicity; (iii) the overall probation caseload Statewide; (iv) and the probable impact the bill will have on staffing needs and upon the annual budgets of the Illinois Supreme Court and the counties of this State; and (v) any other matter the Administrative Office of the Illinois Courts considers appropriate.

(Source: P.A. 89-198, eff. 7-21-95.)

(25 ILCS 70/3) (from Ch. 63, par. 42.83)

Sec. 3. The Upon the request of the sponsor of any bill described in subsection (a) of Section 2, the Director of the Department of Corrections, or any person within the Department whom the Director may designate, shall prepare and file a written statement setting forth the information specified in subsection (a) of Section 2. The Upon the request of the sponsor of any bill described in subsection (b) of Section 2, the Director of the Administrative Office of the Illinois Courts, or any person the Director may designate, shall prepare and file a written statement setting forth the information specified in subsection (b) of Section 2.

The statement prepared by the Director of Corrections or Director of the Administrative Office of the Illinois Courts, as the case may be, shall be designated a Correctional Budget and Racial Impact Note and shall be furnished to the sponsor within 10 calendar days thereafter, except that whenever, because of the complexity of the bill, additional time is required for the preparation of the note, the Department of Corrections or Administrative Office of the Illinois Courts may so notify the sponsor and request an extension of time not to exceed 5 additional days within which such note is to be furnished. Such extension shall not extend beyond May 15 following the date of the request.

(Source: P.A. 92-16, eff. 6-28-01.)

(25 ILCS 70/4) (from Ch. 63, par. 42.84)

Sec. 4. Whenever the sponsor of any measure is of the opinion that no Correctional Budget and Racial Impact Note is necessary, any member of either house may thereafter request that a note be obtained, and in such case the matter shall be decided by a majority vote of those present and voting in the house of which he is a member.

(Source: P.A. 83-1031.)

(25 ILCS 70/5) (from Ch. 63, par. 42.85)

Sec. 5. The note shall be factual in nature, as brief and concise as may be, and shall provide as reliable an estimate, in terms of population and dollar impact, as is possible under the circumstances. The note shall include both the immediate effect, and if determinable or reasonably foreseeable, the long-range effect of the measure.

If, after careful investigation, it is determined that no population or dollar estimate is possible, the note shall contain a statement to that effect, setting forth the reasons why no such estimate can be given. A brief summary or work sheet of computations used in arriving at the Budget and Racial Impact Note figures shall be supplied.

(Source: P.A. 90-655, eff. 7-30-98.)

(25 ILCS 70/7) (from Ch. 63, par. 42.87)

Sec. 7. The fact that a Correctional Budget and Racial Impact Note is prepared for any bill shall not preclude or restrict the appearance before any committee of the General Assembly, of any official or authorized employee of any State board, commission, department, agency or other entity who desires to be heard in support of or in opposition to the measure.

(Source: P.A. 83-1031.)