HB3710ham001 100TH GENERAL ASSEMBLY

Rep. Elgie R. Sims, Jr.

Filed: 3/24/2017

10000HB3710ham001 LRB100 11050 MRW 24290 a

AMENDMENT TO HOUSE BILL 3710

AMENDMENT NO. ______. Amend House Bill 3710 by replacing everything after the enacting clause with the following:

"Section 1. Purpose. From 1982 to 2013, Illinois' incarcerated population nearly tripled, with much of the expansion caused by the increased criminalization of public health concerns such as the effects of poverty, mental illness, and drug use, and the disproportionately aggressive enforcement of criminal laws within communities of color. These trends resulted in justice expenditures more than doubling, in real dollars, during this period. The General Assembly hereby declares it a priority to right-size our criminal justice system and realign our spending priorities to maximize public health and safety. Through the creation of the Justice Reinvestment Fund in the State treasury, a substantial portion of the savings realized from criminal justice reforms enacted into law will be reinvested in addressing the root causes of crime, violence, and recidivism. Among a wide range of positive effects, this initiative will create substantially healthier and safer communities across the State by:

(1) addressing the destabilizing effects that high incarceration rates have had on families and communities;

(2) targeting the community conditions that perpetuate the cycle of crime;

(3) providing formerly incarcerated persons a better chance to succeed outside of prison; and

(4) providing support to victims.

Section 5. The State Finance Act is amended by adding Section 5.878 as follows:

(30 ILCS 105/5.878 new)

Sec. 5.878. The Justice Reinvestment Fund.

Section 10. The Unified Code of Corrections is amended by adding Section 5-8-9 as follows:

(730 ILCS 5/5-8-9 new)

Sec. 5-8-9. Justice Reinvestment Fund.

(a) On or before July 31, 2018, and on or before July 31 of the next 9 fiscal years thereafter, the Sentencing Policy Advisory Council shall calculate the savings that accrued to the State during the preceding fiscal year, as compared to the fiscal year ending June 30, 2017, due to criminal justice reforms enacted into law. The savings calculation shall be solely based on:

(1) the number of persons incarcerated in a Department of Corrections facility during the fiscal year ending June 30, 2017 for the offenses that have been reclassified to a lower classification of offense as a result of criminal justice reform efforts enacted into law by the General Assembly;

(2) the average length of stay in Department of Corrections facilities for these offenses before they were reclassified;

(3) the marginal cost per inmate per year; and

(4) any reduction in fixed costs, overhead costs, or administrative costs.

In making the calculations required by this subsection (a), the Sentencing Policy Advisory Council shall use actual data or best available estimates when actual data is not available. The State Comptroller shall certify the results of the calculation no later than August 15 of each fiscal year.

(b) On or before August 31, 2018, and on or before August 31 of the next 9 fiscal years thereafter, the Comptroller shall transfer from the General Revenue Fund to the Justice Reinvestment Fund 85% of the total savings calculated under subsection (a) of this Section minus any necessary deductions under subsections (j) and (k) of this Section.

(c) The Justice Reinvestment Fund is created as a special fund in the State treasury. The Fund shall be jointly administered by the Department of Human Services and the Illinois Criminal Justice Information Authority, and each county shall be entitled to a proportionate share of the annual funds available from the Justice Reinvestment Fund provided it meets the criteria described in subsection (d) of this Section.

(d) To receive funds under this Section, counties must meet the following criteria:

(1) They must submit an annual application in which they specify how they will use the funds to improve public health and safety through investments in evidence-based or promising strategies in one or more of the following areas:

(A) living-wage job opportunities;

(B) training programs for jobs that pay a living wage;

(C) drug treatment services;

(D) mental health services, including trauma recovery services for crime victims;

(E) afterschool programs for children and youth;

(F) pre-K programs;

(G) summer and year-round jobs for youth;

(H) affordable housing opportunities;

(I) community economic development projects and the creation or support of cooperative businesses;

(J) alternatives to justice-system involvement within schools and throughout the community, including but not limited to restorative justice programs and increased use of social workers, psychologists, conflict mediators, mental health counselors, and drug treatment counselors to address low-level offenses.

The application must specify how the funds will be directed toward one or more of the following:

(A) the neighborhoods in the county that have the largest number of former residents in jail or prison;

(B) the neighborhoods in the county that have the largest number of crime victims;

(C) formerly incarcerated persons who are re-entering the county from prison.

(e) If the criminal justice reforms enacted into law yield savings calculated under subsection (a) of this Section results in a down-sizing of the State prison system involving the discharge of any Department of Corrections employees, the Department of Human Services and the Illinois Criminal Justice Information Authority may deduct funds from the Justice Reinvestment Fund for purposes of assisting those discharged workers with transitional expenses related to job training, community economic development, education, and healthcare needs. The funds used for this purpose shall not account for more than 1% of the total funds deposited into the Justice Reinvestment Fund each year.

(f) Funds allocated to counties under this Section may be used by counties for planning and administrative costs associated with implementing the provisions of criminal justice reforms enacted into law that yield savings calculated under subsection (a) of this Section. Counties shall not use the funds to supplant existing funds in the chosen programmatic areas.

(g) Counties receiving funds shall submit an annual report to the Department of Human Services and the Illinois Criminal Justice Information Authority detailing the uses of the funds and the impact they have had on public health and safety. The Department of Human Services and the Illinois Criminal Justice Information Authority shall assist counties in the filing of their annual reports by providing a template for the reports, including a listing of public health and safety metrics that correspond to each potential area of investment in this subsection (g). On an annual basis, the Department of Human Services and the Illinois Criminal Justice Information Authority shall provide a summary report to the Governor and the General Assembly that details the statewide impact of the Justice Reinvestment Fund on public health and safety.

(h) Funds left unclaimed due to a qualifying county failing to submit an application or meet the specified criteria shall be reallocated to the counties that, based on the determination of the Department of Human Services and the Illinois Criminal Justice Information Authority, have been most effective in using their funds to improve public health and safety.

(i) The Comptroller shall annually conduct a randomized audit of up to 10% of the counties receiving grants to ensure the funds are disbursed and expended in accordance with the requirements specified herein. The Comptroller shall report his or her findings to the General Assembly and the public.

(j) Any costs incurred by the Comptroller and the Sentencing Policy Advisory Council in connection with the fulfillment of their duties described in this Section shall be deducted from the Justice Reinvestment Fund before the funds are disbursed under subsection (b) of this Section.

(k) Any administrative costs incurred by the Department of Human Services and the Illinois Criminal Justice Information Authority in fulfilling its duties under this this amendatory Act of the 100th General Assembly shall be deducted from the available pool of funds. The administrative costs shall not account for more than 5% of the total funds deposited into the Justice Reinvestment Fund each year.".