Full Text of SB1798 99th General Assembly
SB1798eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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:
| 6 | | (25 ILCS 70/1) (from Ch. 63, par. 42.81)
| 7 | | Sec. 1.
This Act shall be known and may be cited as the | 8 | | Correctional Budget and Racial Impact Note Act.
| 9 | | (Source: P.A. 83-1031.)
| 10 | | (25 ILCS 70/2) (from Ch. 63, par. 42.82)
| 11 | | Sec. 2. Budget impact and racial note required.
| 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 | 16 | | Department of Corrections is authorized; or which requires
a | 17 | | mandatory commitment to the Department of Corrections, shall | 18 | | have prepared
for it prior to second reading in the house of | 19 | | introduction a brief explanatory
statement or note which shall | 20 | | include a reliable estimate of the probable
impact of such bill | 21 | | upon : (i) the number of criminal cases per year the bill will | 22 | | affect; (ii) the members of racial minority groups by |
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| 1 | | ethnicity; (iii) the overall resident population and | 2 | | operations of the Department
of Corrections ; (iv) and the | 3 | | probable impact which such bill will have upon the
Department's | 4 | | annual budget ; and (v) any other matter the Department | 5 | | considers appropriate .
| 6 | | (b) Every bill that (i) creates a new criminal offense for | 7 | | which a
commitment to a juvenile detention facility, sentence | 8 | | of probation,
intermediate sanctions, or community service may | 9 | | be imposed or (ii) enhances
any class or category of offense to | 10 | | any grade or penalty for which
adjudication, commitment, or | 11 | | disposition by a circuit court to the custody of
a Probation | 12 | | and Court Services Department may result shall have prepared | 13 | | for it
prior to
second reading in the house of introduction a | 14 | | brief explanatory statement or
note that shall include a | 15 | | reliable estimate of the probable impact of the bill
upon : (i) | 16 | | the number of criminal cases per year the bill will affect; | 17 | | (ii) the members of racial minority groups by ethnicity; (iii) | 18 | | the overall probation caseload Statewide ; (iv) and the probable | 19 | | impact the bill
will have on staffing needs and upon the annual | 20 | | budgets of the Illinois Supreme
Court and the counties of this | 21 | | State ; and (v) any other matter the Administrative Office of | 22 | | the Illinois Courts considers appropriate .
| 23 | | (Source: P.A. 89-198, eff. 7-21-95.)
| 24 | | (25 ILCS 70/3) (from Ch. 63, par. 42.83)
| 25 | | Sec. 3.
The Upon the request of the sponsor of any bill |
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| 1 | | described in subsection
(a) of Section 2, the Director of the | 2 | | Department of Corrections, or any person
within the Department | 3 | | whom the Director may designate, shall prepare and file a | 4 | | written
statement setting forth the information specified in | 5 | | subsection (a) of Section
2. The Upon the request of the | 6 | | sponsor of any bill described in subsection (b) of
Section 2, | 7 | | the Director of the Administrative Office of the Illinois
| 8 | | Courts, or any person the Director may designate, shall prepare | 9 | | and file a written
statement setting forth the information | 10 | | specified in subsection (b) of Section
2.
| 11 | | The statement prepared by the Director of Corrections or | 12 | | Director of the
Administrative Office of the Illinois Courts, | 13 | | as the case may be, shall be
designated a Correctional Budget | 14 | | and Racial Impact Note and shall be furnished to the
sponsor | 15 | | within 10 calendar days thereafter, except that whenever, | 16 | | because of
the complexity of the bill, additional time is | 17 | | required for the preparation
of the note, the Department of | 18 | | Corrections or Administrative Office of the
Illinois Courts may | 19 | | so notify the sponsor and request an extension of time not
to | 20 | | exceed 5 additional days within which such note is to be | 21 | | furnished. Such
extension shall not extend beyond May 15 | 22 | | following the date of the request.
| 23 | | (Source: P.A. 92-16, eff. 6-28-01.)
| 24 | | (25 ILCS 70/4) (from Ch. 63, par. 42.84)
| 25 | | Sec. 4.
Whenever the sponsor of any measure is of the |
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| 1 | | opinion that
no Correctional Budget and Racial Impact Note is | 2 | | necessary, any member of either
house may thereafter request | 3 | | that a note be obtained, and in such case the
matter shall be | 4 | | decided by a majority vote of those present and voting in
the | 5 | | house of which he is a member.
| 6 | | (Source: P.A. 83-1031.)
| 7 | | (25 ILCS 70/5) (from Ch. 63, par. 42.85)
| 8 | | Sec. 5.
The note shall be factual in nature, as brief and | 9 | | concise as
may be, and shall provide as reliable an estimate, | 10 | | in terms of population
and dollar impact, as is possible under | 11 | | the circumstances. The note shall
include both the immediate | 12 | | effect, and if determinable or reasonably
foreseeable,
the | 13 | | long-range effect of the measure.
| 14 | | If, after careful investigation, it is determined that no | 15 | | population or
dollar estimate is possible, the note shall | 16 | | contain a statement to that
effect, setting forth the reasons | 17 | | why no such estimate can be given. A
brief summary or work | 18 | | sheet of computations used in arriving at the Budget
and Racial | 19 | | Impact Note figures
shall be supplied.
| 20 | | (Source: P.A. 90-655, eff. 7-30-98.)
| 21 | | (25 ILCS 70/7) (from Ch. 63, par. 42.87)
| 22 | | Sec. 7.
The fact that a Correctional Budget and Racial | 23 | | Impact Note is prepared
for any bill shall not preclude or | 24 | | restrict the appearance before any committee
of the General |
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| 1 | | Assembly, of any official or authorized employee of any State
| 2 | | board, commission, department, agency or other entity who | 3 | | desires to be heard
in support of or in opposition to the | 4 | | measure.
| 5 | | (Source: P.A. 83-1031.)
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