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Sen. Donne E. Trotter
Filed: 3/20/2015
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1 | | AMENDMENT TO SENATE BILL 1798
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1798 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Correctional Budget and Impact Note Act is |
5 | | amended by changing Sections 1, 2, 3, 4, 5, and 7 as follows:
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6 | | (25 ILCS 70/1) (from Ch. 63, par. 42.81)
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7 | | Sec. 1.
This Act shall be known and may be cited as the |
8 | | Correctional Budget and Racial Impact Note Act.
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9 | | (Source: P.A. 83-1031.)
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10 | | (25 ILCS 70/2) (from Ch. 63, par. 42.82)
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11 | | Sec. 2. Budget impact and racial note required.
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12 | | (a) Every bill which creates a new criminal offense for |
13 | | which a
sentence to the Department of Corrections may be |
14 | | imposed; or which enhances
any class or category of offense to |
15 | | a higher grade or penalty for which a
sentence to the |
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1 | | Department of Corrections is authorized; or which requires
a |
2 | | mandatory commitment to the Department of Corrections, shall |
3 | | have prepared
for it prior to second reading in the house of |
4 | | introduction a brief explanatory
statement or note which shall |
5 | | include a reliable estimate of the probable
impact of such bill |
6 | | upon : (i) the number of criminal cases per year the bill will |
7 | | affect; (ii) the members of racial minority groups by |
8 | | ethnicity; (iii) the overall resident population and |
9 | | operations of the Department
of Corrections ; (iv) and the |
10 | | probable impact which such bill will have upon the
Department's |
11 | | annual budget ; and (v) any other matter the Department |
12 | | considers appropriate .
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13 | | (b) Every bill that (i) creates a new criminal offense for |
14 | | which a
commitment to a juvenile detention facility, sentence |
15 | | of probation,
intermediate sanctions, or community service may |
16 | | be imposed or (ii) enhances
any class or category of offense to |
17 | | any grade or penalty for which
adjudication, commitment, or |
18 | | disposition by a circuit court to the custody of
a Probation |
19 | | and Court Services Department may result shall have prepared |
20 | | for it
prior to
second reading in the house of introduction a |
21 | | brief explanatory statement or
note that shall include a |
22 | | reliable estimate of the probable impact of the bill
upon : (i) |
23 | | the number of criminal cases per year the bill will affect; |
24 | | (ii) the members of racial minority groups by ethnicity; (iii) |
25 | | the overall probation caseload Statewide ; (iv) and the probable |
26 | | impact the bill
will have on staffing needs and upon the annual |
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1 | | budgets of the Illinois Supreme
Court and the counties of this |
2 | | State ; and (v) any other matter the Administrative Office of |
3 | | the Illinois Courts considers appropriate .
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4 | | (Source: P.A. 89-198, eff. 7-21-95.)
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5 | | (25 ILCS 70/3) (from Ch. 63, par. 42.83)
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6 | | Sec. 3.
The Upon the request of the sponsor of any bill |
7 | | described in subsection
(a) of Section 2, the Director of the |
8 | | Department of Corrections, or any person
within the Department |
9 | | whom the Director may designate, shall prepare and file a |
10 | | written
statement setting forth the information specified in |
11 | | subsection (a) of Section
2. The Upon the request of the |
12 | | sponsor of any bill described in subsection (b) of
Section 2, |
13 | | the Director of the Administrative Office of the Illinois
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14 | | Courts, or any person the Director may designate, shall prepare |
15 | | and file a written
statement setting forth the information |
16 | | specified in subsection (b) of Section
2.
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17 | | The statement prepared by the Director of Corrections or |
18 | | Director of the
Administrative Office of the Illinois Courts, |
19 | | as the case may be, shall be
designated a Correctional Budget |
20 | | and Racial Impact Note and shall be furnished to the
sponsor |
21 | | within 10 calendar days thereafter, except that whenever, |
22 | | because of
the complexity of the bill, additional time is |
23 | | required for the preparation
of the note, the Department of |
24 | | Corrections or Administrative Office of the
Illinois Courts may |
25 | | so notify the sponsor and request an extension of time not
to |
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1 | | exceed 5 additional days within which such note is to be |
2 | | furnished. Such
extension shall not extend beyond May 15 |
3 | | following the date of the request.
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4 | | (Source: P.A. 92-16, eff. 6-28-01.)
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5 | | (25 ILCS 70/4) (from Ch. 63, par. 42.84)
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6 | | Sec. 4.
Whenever the sponsor of any measure is of the |
7 | | opinion that
no Correctional Budget and Racial Impact Note is |
8 | | necessary, any member of either
house may thereafter request |
9 | | that a note be obtained, and in such case the
matter shall be |
10 | | decided by a majority vote of those present and voting in
the |
11 | | house of which he is a member.
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12 | | (Source: P.A. 83-1031.)
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13 | | (25 ILCS 70/5) (from Ch. 63, par. 42.85)
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14 | | Sec. 5.
The note shall be factual in nature, as brief and |
15 | | concise as
may be, and shall provide as reliable an estimate, |
16 | | in terms of population
and dollar impact, as is possible under |
17 | | the circumstances. The note shall
include both the immediate |
18 | | effect, and if determinable or reasonably
foreseeable,
the |
19 | | long-range effect of the measure.
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20 | | If, after careful investigation, it is determined that no |
21 | | population or
dollar estimate is possible, the note shall |
22 | | contain a statement to that
effect, setting forth the reasons |
23 | | why no such estimate can be given. A
brief summary or work |
24 | | sheet of computations used in arriving at the Budget
and Racial |
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1 | | Impact Note figures
shall be supplied.
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2 | | (Source: P.A. 90-655, eff. 7-30-98.)
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3 | | (25 ILCS 70/7) (from Ch. 63, par. 42.87)
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4 | | Sec. 7.
The fact that a Correctional Budget and Racial |
5 | | Impact Note is prepared
for any bill shall not preclude or |
6 | | restrict the appearance before any committee
of the General |
7 | | Assembly, of any official or authorized employee of any State
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8 | | board, commission, department, agency or other entity who |
9 | | desires to be heard
in support of or in opposition to the |
10 | | measure.
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11 | | (Source: P.A. 83-1031.)".
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