SB3258eng 98TH GENERAL ASSEMBLY

SB3258 Engrossed LRB098 18904 RLC 54051 b

AN ACT concerning criminal law.

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 2, 3, 6, 8, and 9 and by adding Section 4.4 as follows:

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

Sec. 2. Budget impact 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; or which requires that a prisoner shall receive sentence credit other than one day of sentence credit for each day of his or her sentence of imprisonment or recommitment; or which increases the length of a term of mandatory supervised release, 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 the overall resident population of the Department of Corrections and the probable impact which such bill will have upon the Department's annual budget.

(b) Every bill that (i) creates a new criminal offense for which a commitment to the Department of Juvenile Justice or 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 the Department of Juvenile Justice, as well as the overall probation caseload Statewide 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.

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

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

Sec. 3. Preparation of note.

(a) Upon the filing 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 a written statement setting forth the information specified in subsection (a) of Section 2. Upon the filing request of the sponsor of any bill described in subsection (b) of Section 2, the Director of Juvenile Justice and the Director of the Administrative Office of the Illinois Courts, or any person each the Director may designate, shall prepare a written statement setting forth the information specified in subsection (b) of Section 2.

The statement prepared by the Director of Corrections, Director of Juvenile Justice, or Director of Administrative Office of the Illinois Courts, as the case may be, shall be designated a Correctional Budget and Impact Note and shall be filed with the Clerk of the House or the Secretary of the Senate, as appropriate, and 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, Department of Juvenile Justice, 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.

(b) Upon the filing of any bill requiring the preparation of a written statement under subsection (a), the sponsor of the bill in the house of introduction shall inform the Department of Corrections, the Department of Juvenile Justice, and the Administrative Office of the Illinois Courts of the filing of the bill.

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

(25 ILCS 70/4.4 new)

Sec. 4.4. Preferred funding source. Within 5 days after receiving the statement required in Section 3 of this Act, the sponsor shall file with the Clerk of the House or the Secretary of the Senate, as appropriate, a written statement identifying the sponsor's preferred means of funding the costs to be incurred by the legislation. The required identification shall be made either by specifying (i) the additional tax or other revenue source from which an amount equal to the costs identified are to be generated or (ii) the specific line item or items in the budget for the current fiscal year that would be reduced or eliminated to reach an amount equal to the costs identified.

(25 ILCS 70/6) (from Ch. 63, par. 42.86)

Sec. 6. Preparation of note. No comment or opinion shall be included in the note with regard to the merits of the measure for which the note is prepared; however technical or mechanical defects may be noted.

The work sheet shall include, insofar as practicable, a breakdown of the costs upon which the note is based. Such breakdown shall include, but need not be limited to, costs of personnel, room and board, and capital outlay. The note shall also include such other information as is required by the rules and regulations which may be promulgated by each house of the General Assembly with respect to the preparation of such notes.

The note shall be prepared in quintuplicate and the original of both the note and the work sheet shall be signed by the Director of the Department of Corrections or such person as the Director may designate, by the Director of Juvenile Justice, or such person as the Director may designate, or by the Director of the Administrative Office of the Illinois Courts, or any person the Director may designate.

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

(25 ILCS 70/8) (from Ch. 63, par. 42.88)

Sec. 8. Amendments; notes required. Whenever any measure is amended on the floor of either house in such manner as to bring it within the description of bills set forth in Section 2 above, a majority of such house may propose that no action shall be taken upon the amendment until the sponsor of the amendment presents to the members a statement of the budget and population impact of his or her amendment, as required by this Act.

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

(25 ILCS 70/9) (from Ch. 63, par. 42.89)

Sec. 9. Confidentiality before introduction. The subject matter of bills submitted to the Director of the Department of Corrections, the Director of Juvenile Justice, or the Director of the Administrative Office of the Illinois Courts shall be kept in strict confidence and no information relating thereto or relating to the budget or impact thereof shall be divulged by an official or employee of the Department or the Administrative Office of the Illinois Courts, except to the bill's sponsor or his designee, prior to the bill's introduction in the General Assembly.

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

(25 ILCS 70/4 rep.)

Section 10. The Correctional Budget and Impact Note Act is amended by repealing Section 4.

Section 99. Effective date. This Act takes effect upon becoming law.