Sen. Patricia Van Pelt

Filed: 5/15/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 238 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the SAFE
6    Section 5. Legislative findings.
7    (a) The General Assembly finds that some communities of
8this State are ravaged by violence and that a substantial and
9disproportionate amount of serious crimes are committed by
10persons who unlawfully possess firearms. In many of these
11communities, there is high unemployment and poverty fueled by
12incarceration and other barriers to employment after release.
13Aggressive and tailored approaches to address these outcomes
14are required.
15    (b) The General Assembly finds that violence should be
16viewed as a public health crisis that requires identifying and



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1building on community assets leading to investment in job
2creation, housing, employment training, child care, healthcare
3and other services.
4    (c) To carry out this intent, the General Assembly declares
5the following purposes of this Act:
6        (1) to protect communities from gun violence through
7    targeted intervention programs, including economic growth
8    and improving family violence prevention, community trauma
9    treatment rates, gun injury victim services, and public
10    health prevention activities;
11        (2) to substantially reduce both the total amount of
12    gun violence and concentrated poverty in this State;
13        (3) to intervene with persons who violate gun
14    possession laws in a risk-responsive manner that decreases
15    the likelihood of any future violent incidents and equips
16    those who have previously violated gun laws to live
17    responsibly and safely; and
18        (4) to promote employment infrastructure in community
19    areas with the highest concentrations of gun violence and
20    unemployment due to incarceration and resulting criminal
21    records.
22    (d) The ability of children, teenagers, and young adults to
23participate freely in education, employment, and civic life
24without any exposure to illegal weapons or gun violence,
25facilitating their safe and economically stable future
26prospects, shall be the central purpose of any initiatives



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1included in this Act.
2    Section 10. Definitions. In this Act:
3    "SAFE Zone" means a Safe and Full Employment Zone as
4designated under Section 7.3 of the Illinois Criminal Justice
5Information Authority Act.
6    Section 15. Population-based distribution. On and after
7January 1, 2019, funding formulas based on population shall
8include prisoners as residents based on the place where they
9resided before incarceration or the place they intend to
10return. SAFE Zones shall be prioritized for all State
11reimbursement and formula distributions.
12    Section 105. The Illinois Criminal Justice Information Act
13is amended by adding Sections 7.3, 7.3-2, and 7.3-5 as follows:
14    (20 ILCS 3930/7.3 new)
15    Sec. 7.3. Safe and full employment zones. Within 60 days
16after the effective date of this amendatory Act of the 100th
17General Assembly, the Authority shall identify those
18geographic areas eligible to be designated by the Safe and Full
19Employment Coordinating Board as a Safe and Full Employment
20Zone ("SAFE Zone"), as outlined in subsection (c) of Section
217.3-2 of this Act.
22    (a) Qualifications for a SAFE Zone are as follows:



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1        (1) An area of extremely high gun violence and economic
2    destabilization shall be qualified to become a SAFE Zone
3    where, based on analysis of concentrated geographic areas,
4    by census tract if possible, that area:
5            (A) contains high gunshot hospitalization and
6        mortality per capita; and
7            (B) contains a high rate of returning citizens
8        following incarceration at the Department of
9        Corrections.
10The Authority shall send to the Legislative Audit Commission
11and make publicly available its analysis and development of the
12SAFE Zones and shall reevaluate and re-designate SAFE Zones
13every 4 years.
14    (b) Prioritization of spending in SAFE Zones shall be as
16        (1) In the first full fiscal year after the effective
17    date of this amendatory Act of the 100th General Assembly,
18    the Department of Human Services, Department of Public
19    Health, Department of Juvenile Justice, Illinois Criminal
20    Justice Information Authority, Department of Commerce and
21    Economic Opportunity, Department of Healthcare and Family
22    Services, and other relevant State agencies as designated
23    by the Governor and the Safe and Full Employment
24    Coordinating Board as defined in Section 7.3-2 of this Act
25    shall give first priority, within the agency granting
26    authority, to programs providing services that are



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1    effective in violence reduction and trauma recovery for
2    SAFE Zones. Federal, State, and local spending on job
3    creation, housing, employment training, child care,
4    healthcare and services to combat community disinvestment
5    that breeds violence shall be prioritized in SAFE Zones.
6    The Governor shall include and outline SAFE Zone spending
7    in his or her annual State budget submitted under Section
8    50-5 of the State Budget Law.
9        (2) The prioritization shall result in a shift to SAFE
10    Zones of no less than 5% nor more than 20% of current
11    programmatic funding in each of the first full 5 fiscal
12    years after the effective date of this amendatory Act of
13    the 100th General Assembly.
14    (c) The Authority may adopt rules to implement the SAFE
15Zone provisions under this Act.
16    (20 ILCS 3930/7.3-2 new)
17    Sec. 7.3-2. Safe and Full Employment Coordinating Board.
18    (a) In this Section, "public health approach" means
19addressing violence and violence prevention by treating the
20individual and community symptoms and causes of violence
21through rigorously researched methods. Treatment shall include
22multi-tiered and interdisciplinary approaches involving
23stakeholders from diverse sectors, including the people
24impacted by violence, public agencies, and community-based



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1    (a-5) There is created a Safe and Full Employment
2Coordinating Board. The Board shall be composed of the
3following members:
4        (1) the Governor, or his or her designee, who shall
5    serve as chair;
6        (2) the Director of Corrections, or his or her
7    designee;
8        (3) the Director of Revenue, or his or her designee;
9        (4) the Director of Juvenile Justice, or his or her
10    designee;
11        (5) the Director of Healthcare and Family Services, or
12    his or her designee;
13        (6) the Secretary of Human Services, or his or her
14    designee;
15        (7) the Director of Public Health, or his or her
16    designee;
17        (8) the Director of Commerce and Economic Opportunity,
18    or his or her designee;
19        (9) the Director of Employment Security, or his or her
20    designee;
21        (10) the Director of State Police, or his or her
22    designee;
23        (11) the Director of the Governor's Office of
24    Management and Budget, or his or her designee;
25        (12) the Director of the Illinois Criminal Justice
26    Information Authority, or his or her designee;



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1        (13) the Attorney General, or his or her designee;
2        (14) a member of the Senate, designated by the
3    President of the Senate;
4        (15) a member of the House of Representatives,
5    designated by the Speaker of the House of Representatives;
6        (16) a member of the Senate, designated by the Minority
7    Leader of the Senate; and
8        (17) a member of the House of Representatives,
9    designated by the Minority Leader of the House of
10    Representatives.
11    (b) Within 30 days after SAFE Zones have been designated,
12the following shall be added as members of the Board:
13        (1) the highest elected public officials of all
14    counties and municipal geographic jurisdictions in the
15    State which include a SAFE Zone;
16        (2) 6 providers from 6 geographically distinct areas of
17    the State, who receive funds to deliver services to treat
18    violence including, but not limited to, services such as
19    job placement and training, educational services, and
20    workforce development programming, appointed by the
21    Secretary of Human Services, in coordination with the
22    Illinois Criminal Justice Information Authority; and
23        (3) 2 persons who, within 24 months prior to being
24    designated, have received services from the providers
25    designated in paragraph (2) of this subsection (b), as
26    designated by those service providers.



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1    (c) The Board shall meet quarterly and be staffed by the
2Governor's Office of Management and Budget. Within 4 months
3after the effective date of this amendatory Act of the 100th
4General Assembly, the Board shall develop and implement a plan
5for designating SAFE Zones under Section 7.3 of this Act and
6the selection process for Local Economic Growth Councils under
7Section 7.3-5 of this Act. Within 4 months from the date the
8last Council plan is submitted and approved, the Board shall
9issue a statewide plan to implement the re-prioritization of
10funding under subsection (b) of Section 7.3 of this Act. The
11plan shall follow a public health approach.
12    (d) The Board shall deliver an annual report to the General
13Assembly and to the Governor and be posted on Governor's Office
14and General Assembly's websites and provide to the public an
15annual report on its progress. The report to the General
16Assembly shall be filed with the Clerk of the House of
17Representatives and the Secretary of the Senate in electronic
18form only, in the manner that the Clerk and the Secretary shall
20    (e) The Board shall monitor and collect data on
21intermediate and long-term positive outcome measures for its
22statewide plan and include that information in the annual
23report to the General Assembly, Governor, and the public
24beginning on December 31, 2019.
25    (f) There shall be a formal evaluation of the SAFE Zone Act
26implementation and outcomes every 4 years conducted by a public



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1university selected by the Safe and Full Employment
2Coordinating Board. The evaluation shall reflect the outcomes
3incorporated and measured in each Council plan and also
4statewide positive outcomes to be measured for at least 4
5years. The report shall be sent to the Governor and the General
6Assembly and be posted on each website.
7    (g) The Board is subject to the Freedom of Information Act
8and the Open Meetings Act.
9    (20 ILCS 3930/7.3-5 new)
10    Sec. 7.3-5. SAFE Zone Local Economic Growth Councils.
11    (a) The design of programs and budget requirements in SAFE
12Zones shall be developed by Local Economic Growth Councils.
13Each Local Economic Growth Council shall be supported by
14technical assistance provided by the State agencies mandated to
15provide services under Sections 7.3 and 7.3-2 of this Act and
16by the Governor's Office of Management and Budget.
17    (b) The process for the selection of members of the Local
18Economic Growth Councils shall be designed by the SAFE
19Coordinating Board, to permit maximum community participation
20and to result in Councils comprised of residents of the
21community who reflect the assets and strengths of the SAFE
23    (c) Each Local Economic Growth Council shall be established
24within 4 months of the effective date of this amendatory Act of
25the 100th General Assembly and be composed of a minimum of 20



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1members and no more than 25 members as representatives who live
2within the SAFE Zone.
3    (d) Within 6 months after being established, each Local
4Economic Growth Council shall establish a 2-year plan and
5budget to address violence, reduce inappropriate
6incarceration, and expand economic opportunity within the SAFE
7Zone. The plan shall follow a public health approach and shall
8include positive outcome measures for persons benefiting from
9SAFE Zone investments, community asset outcomes, and include
10ways to track those outcomes over at least 4 years. That plan
11shall be reviewed and approved, or amended after agreement
12between the Local Economic Growth Council and the Safe and Full
13Employment Coordinating Board.
14    (e) Each Local Economic Growth Council is subject to the
15Freedom of Information Act and the Open Meetings Act.
16    Section 110. The State Revenue Sharing Act is amended by
17changing Section 2 as follows:
18    (30 ILCS 115/2)  (from Ch. 85, par. 612)
19    Sec. 2. Allocation and Disbursement.
20    (a) As soon as may be after the first day of each month,
21the Department of Revenue shall allocate among the several
22municipalities and counties of this State the amount available
23in the Local Government Distributive Fund and in the Income Tax
24Surcharge Local Government Distributive Fund, determined as



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1provided in Sections 1 and 1a above. Except as provided in
2Sections 13 and 13.1 of this Act, the Department shall then
3certify such allocations to the State Comptroller, who shall
4pay over to the several municipalities and counties the
5respective amounts allocated to them. The amount of such Funds
6allocable to each such municipality and county shall be in
7proportion to the number of individual residents of such
8municipality or county to the total population of the State,
9determined in each case on the basis of the latest census of
10the State, municipality or county conducted by the Federal
11government and certified by the Secretary of State and for
12annexations to municipalities, the latest Federal, State or
13municipal census of the annexed area which has been certified
14by the Department of Revenue. Allocations to the City of
15Chicago under this Section are subject to Section 6 of the
16Hotel Operators' Occupation Tax Act. For the purpose of this
17Section, the number of individual residents of a county shall
18be reduced by the number of individuals residing therein in
19municipalities, but the number of individual residents of the
20State, county and municipality shall reflect the latest census
21of any of them. For the purpose of this Section, the number of
22individual residents of a municipality or county shall include
23the number of persons incarcerated in a penal institution who
24resided in the municipality or county before incarceration, or,
25if known, the municipality or county the prisoner intends to
26return after release from the penal institution. The amounts



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1transferred into the Local Government Distributive Fund
2pursuant to Section 9 of the Use Tax Act, Section 9 of the
3Service Use Tax Act, Section 9 of the Service Occupation Tax
4Act, and Section 3 of the Retailers' Occupation Tax Act, each
5as now or hereafter amended, pursuant to the amendments of such
6Sections by Public Act 85-1135, shall be distributed as
7provided in said Sections.
8    (b) It is the intent of the General Assembly that
9allocations made under this Section shall be made in a fair and
10equitable manner. Accordingly, the clerk of any municipality to
11which territory has been annexed, or from which territory has
12been disconnected, shall notify the Department of Revenue in
13writing of that annexation or disconnection and shall (1) state
14the number of residents within the territory that was annexed
15or disconnected, based on the last census conducted by the
16federal, State, or municipal government and certified by the
17Illinois Secretary of State, and (2) furnish therewith a
18certified copy of the plat of annexation or, in the case of
19disconnection, the ordinance, final judgment, or resolution of
20disconnection together with an accurate depiction of the
21territory disconnected. The county in which the annexed or
22disconnected territory is located shall verify that the number
23of residents stated on the written notice that is to be sent to
24the Department of Revenue is true and accurate. The verified
25statement of the county shall accompany the written notice.
26However, if the county does not respond to the municipality's



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1request for verification within 30 days, this verification
2requirement shall be waived. The written notice shall be
3provided to the Department of Revenue (1) within 30 days after
4the effective date of this amendatory Act of the 96th General
5Assembly for disconnections occurring after January 1, 2007 and
6before the effective date of this amendatory Act of the 96th
7General Assembly or (2) within 30 days after the annexation or
8disconnection for annexations or disconnections occurring on
9or after the effective date of this amendatory Act of the 96th
10General Assembly. For purposes of this Section, a disconnection
11or annexation through court order is deemed to be effective 30
12days after the entry of a final judgment order, unless stayed
13pending appeal. Thereafter, the monthly allocation made to the
14municipality and to any other municipality or county affected
15by the annexation or disconnection shall be adjusted in
16accordance with this Section to reflect the change in residency
17of the residents of the territory that was annexed or
18disconnected. The adjustment shall be made no later than 30
19days after the Department of Revenue's receipt of the written
20notice of annexation or disconnection described in this
22    (c) In this Section, "penal institution" has the same
23meaning ascribed to it in Section 2-14 of the Criminal Code of
25(Source: P.A. 96-1040, eff. 7-14-10.)



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1    Section 115. The Unified Code of Corrections is amended by
2changing Section 5-6-3.6 as follows:
3    (730 ILCS 5/5-6-3.6)
4    (Section scheduled to be repealed on January 1, 2023)
5    Sec. 5-6-3.6. First Time Weapon Offender Program.
6    (a) The General Assembly has sought to promote public
7safety, reduce recidivism, and conserve valuable resources of
8the criminal justice system through the creation of diversion
9programs for non-violent offenders. This amendatory Act of the
10100th General Assembly establishes a pilot program for
11first-time, non-violent offenders charged with certain weapons
12offenses. The General Assembly recognizes some persons,
13particularly young adults in areas of high crime or poverty,
14may have experienced trauma that contributes to poor decision
15making skills, and the creation of a diversionary program poses
16a greater benefit to the community and the person than
17incarceration. Under this program, a court, with the consent of
18the defendant and the State's Attorney, may sentence a
19defendant charged with an unlawful use of weapons offense under
20Section 24-1 of the Criminal Code of 2012 or aggravated
21unlawful use of a weapon offense under Section 24-1.6 of the
22Criminal Code of 2012, if punishable as a Class 4 felony or
23lower, to a First Time Weapon Offender Program.
24    (b) A defendant is not eligible for this Program if:
25        (1) the offense was committed during the commission of



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1    a violent offense as defined in subsection (h) of this
2    Section;
3        (2) he or she has previously been convicted or placed
4    on probation or conditional discharge for any violent
5    offense under the laws of this State, the laws of any other
6    state, or the laws of the United States;
7        (3) he or she had a prior successful completion of the
8    First Time Weapon Offender Program under this Section;
9        (4) he or she has previously been adjudicated a
10    delinquent minor for the commission of a violent offense;
11        (5) he or she is 21 years of age or older; or
12        (6) he or she has an existing order of protection
13    issued against him or her.
14    (b-5) In considering whether a defendant shall be sentenced
15to the First Time Weapon Offender Program, the court shall
16consider the following:
17        (1) the age, immaturity, or limited mental capacity of
18    the defendant;
19        (2) the nature and circumstances of the offense;
20        (3) whether participation in the Program is in the
21    interest of the defendant's rehabilitation, including any
22    employment or involvement in community, educational,
23    training, or vocational programs;
24        (4) whether the defendant suffers from trauma, as
25    supported by documentation or evaluation by a licensed
26    professional; and



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1        (5) the potential risk to public safety.
2    (c) For an offense committed on or after the effective date
3of this amendatory Act of the 100th General Assembly and before
4January 1, 2023, whenever an eligible person pleads guilty to
5an unlawful use of weapons offense under Section 24-1 of the
6Criminal Code of 2012 or aggravated unlawful use of a weapon
7offense under Section 24-1.6 of the Criminal Code of 2012,
8which is punishable as a Class 4 felony or lower, the court,
9with the consent of the defendant and the State's Attorney,
10may, without entering a judgment, sentence the defendant to
11complete the First Time Weapon Offender Program. When a
12defendant is placed in the Program, the court shall defer
13further proceedings in the case until the conclusion of the
14period or until the filing of a petition alleging violation of
15a term or condition of the Program. Upon violation of a term or
16condition of the Program, the court may enter a judgment on its
17original finding of guilt and proceed as otherwise provided by
18law. Upon fulfillment of the terms and conditions of the
19Program, the court shall discharge the person and dismiss the
20proceedings against the person.
21    (d) The Program shall be at least 18 months and not to
22exceed 24 months, as determined by the court at the
23recommendation of the program administrator and the State's
25    (e) The conditions of the Program shall be that the



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1        (1) not violate any criminal statute of this State or
2    any other jurisdiction;
3        (2) refrain from possessing a firearm or other
4    dangerous weapon;
5        (3) obtain or attempt to obtain employment;
6        (4) attend educational courses designed to prepare the
7    defendant for obtaining a high school diploma or to work
8    toward passing high school equivalency testing or to work
9    toward completing a vocational training program;
10        (5) refrain from having in his or her body the presence
11    of any illicit drug prohibited by the Methamphetamine
12    Control and Community Protection Act, the Cannabis Control
13    Act, or the Illinois Controlled Substances Act, unless
14    prescribed by a physician, and submit samples of his or her
15    blood or urine or both for tests to determine the presence
16    of any illicit drug;
17        (6) perform a minimum of 50 hours of community service;
18        (7) attend and participate in any Program activities
19    deemed required by the Program administrator, including
20    but not limited to: counseling sessions, in-person and over
21    the phone check-ins, and educational classes; and
22        (8) pay all fines, assessments, fees, and costs.
23    (f) The Program may, in addition to other conditions,
24require that the defendant:
25        (1) (blank) wear an ankle bracelet with GPS tracking;
26        (2) undergo medical or psychiatric treatment, or



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1    treatment or rehabilitation approved by the Department of
2    Human Services; and
3        (3) attend or reside in a facility established for the
4    instruction or residence of defendants on probation.
5    (g) There may be only one discharge and dismissal under
6this Section. If a person is convicted of any offense which
7occurred within 5 years subsequent to a discharge and dismissal
8under this Section, the discharge and dismissal under this
9Section shall be admissible in the sentencing proceeding for
10that conviction as evidence in aggravation.
11    (g-5) The Program shall be implemented by the Safe and Full
12Employment Coordinating Board established under Section 7.3-2
13of the Illinois Criminal Justice Information Act.
14    (h) For purposes of this Section, "violent offense" means
15any offense in which bodily harm was inflicted or force was
16used against any person or threatened against any person; any
17offense involving the possession of a firearm or dangerous
18weapon; any offense involving sexual conduct, sexual
19penetration, or sexual exploitation; violation of an order of
20protection, stalking, hate crime, domestic battery, or any
21offense of domestic violence.
22    (i) This Section is repealed on January 1, 2023.
23(Source: P.A. 100-3, eff. 1-1-18.)
24    Section 999. Effective date. This Act takes effect upon
25becoming law.".