Full Text of SB3258 098th General Assembly
SB3258eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 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 2, 3, 6, 8, and 9 and by adding | 6 | | Section 4.4 as follows:
| 7 | | (25 ILCS 70/2) (from Ch. 63, par. 42.82)
| 8 | | Sec. 2. Budget impact note required.
| 9 | | (a) Every bill which creates a new criminal offense for | 10 | | which a
sentence to the Department of Corrections may be | 11 | | imposed; or which enhances
any class or category of offense to | 12 | | a higher grade or penalty for which a
sentence to the | 13 | | Department of Corrections is authorized; or which requires
a | 14 | | mandatory commitment to the Department of Corrections ; or which | 15 | | requires that a prisoner shall receive sentence credit other | 16 | | than one day of sentence credit for each day of his or her | 17 | | sentence of imprisonment or recommitment; or which increases | 18 | | the length of a term of mandatory supervised release , shall | 19 | | have prepared
for it prior to second reading in the house of | 20 | | introduction a brief explanatory
statement or note which shall | 21 | | include a reliable estimate of the probable
impact of such bill | 22 | | upon the overall resident population of the Department
of | 23 | | Corrections and the probable impact which such bill will have |
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| 1 | | upon the
Department's annual budget.
| 2 | | (b) Every bill that (i) creates a new criminal offense for | 3 | | which a
commitment to the Department of Juvenile Justice or to | 4 | | a juvenile detention facility, sentence of probation,
| 5 | | intermediate sanctions, or community service may be imposed or | 6 | | (ii) enhances
any class or category of offense to any grade or | 7 | | penalty for which
adjudication, commitment, or disposition by a | 8 | | circuit court to the custody of
a Probation and Court Services | 9 | | Department may result shall have prepared for it
prior to
| 10 | | second reading in the house of introduction a brief explanatory | 11 | | statement or
note that shall include a reliable estimate of the | 12 | | probable impact of the bill
upon the Department of Juvenile | 13 | | Justice, as well as the overall probation caseload Statewide | 14 | | and the probable impact the bill
will have on staffing needs | 15 | | and upon the annual budgets of the Illinois Supreme
Court and | 16 | | the counties of this State.
| 17 | | (Source: P.A. 89-198, eff. 7-21-95.)
| 18 | | (25 ILCS 70/3) (from Ch. 63, par. 42.83)
| 19 | | Sec. 3. Preparation of note. | 20 | | (a) Upon the filing request of the sponsor of any bill | 21 | | described in subsection
(a) of Section 2, the Director of the | 22 | | Department of Corrections, or any person
within the Department | 23 | | whom the Director may designate, shall prepare a written
| 24 | | statement setting forth the information specified in | 25 | | subsection (a) of Section
2. Upon the filing request of the |
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| 1 | | sponsor of any bill described in subsection (b) of
Section 2, | 2 | | the Director of Juvenile Justice and the Director of the | 3 | | Administrative Office of the Illinois
Courts, or any person | 4 | | each the Director may designate, shall prepare a written
| 5 | | statement setting forth the information specified in | 6 | | subsection (b) of Section
2.
| 7 | | The statement prepared by the Director of Corrections , | 8 | | Director of Juvenile Justice, or Director of
Administrative | 9 | | Office of the Illinois Courts, as the case may be, shall be
| 10 | | designated a Correctional Budget and Impact Note and shall be | 11 | | filed with the Clerk of the House or the Secretary of the | 12 | | Senate, as appropriate, and furnished to the
sponsor within 10 | 13 | | calendar days thereafter, except that whenever, because of
the | 14 | | complexity of the bill, additional time is required for the | 15 | | preparation
of the note, the Department of Corrections , | 16 | | Department of Juvenile Justice, or Administrative Office of the
| 17 | | Illinois Courts may so notify the sponsor and request an | 18 | | extension of time not
to exceed 5 additional days within which | 19 | | such note is to be furnished. Such
extension shall not extend | 20 | | beyond May 15 following the date of the request.
| 21 | | (b) Upon the filing of any bill requiring the preparation | 22 | | of a written statement under subsection (a), the sponsor of the | 23 | | bill in the house of introduction shall inform the Department | 24 | | of Corrections, the Department of Juvenile Justice, and the | 25 | | Administrative Office of the Illinois Courts of the filing of | 26 | | the bill. |
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| 1 | | (Source: P.A. 92-16, eff. 6-28-01.)
| 2 | | (25 ILCS 70/4.4 new) | 3 | | Sec. 4.4. Preferred funding source. Within 5 days after | 4 | | receiving the statement required in Section 3 of this Act, the | 5 | | sponsor shall file with the Clerk of the House or the Secretary | 6 | | of the Senate, as appropriate, a written statement identifying | 7 | | the sponsor's preferred means of funding the costs to be | 8 | | incurred by the legislation. The required identification shall | 9 | | be made either by specifying (i) the additional tax or other | 10 | | revenue source from which an amount equal to the costs | 11 | | identified are to be generated or (ii) the specific line item | 12 | | or items in the budget for the current fiscal year that would | 13 | | be reduced or eliminated to reach an amount equal to the costs | 14 | | identified.
| 15 | | (25 ILCS 70/6) (from Ch. 63, par. 42.86)
| 16 | | Sec. 6. Preparation of note. No comment or opinion shall be | 17 | | included in the note with regard
to the merits of the measure | 18 | | for which the note is prepared; however technical
or mechanical | 19 | | defects may be noted.
| 20 | | The work sheet shall include, insofar as practicable, a | 21 | | breakdown of the
costs upon which the note is based. Such | 22 | | breakdown shall include, but need
not be limited to, costs of | 23 | | personnel, room and board, and capital outlay.
The note shall | 24 | | also include such other information as is required by the
rules |
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| 1 | | and regulations which may be promulgated by each house of the | 2 | | General
Assembly with respect to the preparation of such notes.
| 3 | | The note shall be prepared in quintuplicate and the | 4 | | original of both the
note and the work sheet shall be signed by | 5 | | the Director of the Department
of Corrections or such person as | 6 | | the Director may designate , by the Director of Juvenile | 7 | | Justice, or such person as the Director may designate, or by | 8 | | the
Director
of the Administrative Office of the
Illinois | 9 | | Courts, or any person the Director may designate.
| 10 | | (Source: P.A. 89-198, eff. 7-21-95.)
| 11 | | (25 ILCS 70/8) (from Ch. 63, par. 42.88)
| 12 | | Sec. 8. Amendments; notes required. Whenever any measure is | 13 | | amended on the floor of either house
in such manner as to bring | 14 | | it within the description of bills set forth
in Section 2 | 15 | | above, a majority of such house may propose that no action
| 16 | | shall be taken upon the amendment until the sponsor of the | 17 | | amendment presents
to the members a statement of the budget and | 18 | | population impact of his or her amendment,
as required by this | 19 | | Act.
| 20 | | (Source: P.A. 83-1031.)
| 21 | | (25 ILCS 70/9) (from Ch. 63, par. 42.89)
| 22 | | Sec. 9. Confidentiality before introduction. The subject | 23 | | matter of bills submitted to the Director of the
Department of | 24 | | Corrections , the Director of Juvenile Justice, or the Director |
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| 1 | | of the Administrative Office of
the Illinois Courts shall be | 2 | | kept in strict confidence and no information
relating thereto | 3 | | or relating to the budget or impact thereof shall be divulged
| 4 | | by an official or employee of the Department or the | 5 | | Administrative Office of
the Illinois Courts, except to the | 6 | | bill's sponsor or his designee, prior
to the bill's | 7 | | introduction in the General Assembly.
| 8 | | (Source: P.A. 92-16, eff. 6-28-01.)
| 9 | | (25 ILCS 70/4 rep.)
| 10 | | Section 10. The Correctional Budget and Impact Note Act is | 11 | | amended by repealing Section 4.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law. |
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