(25 ILCS 70/1) (from Ch. 63, par. 42.81)
Sec. 1.
This Act shall be known and may be cited as the Correctional Budget and Impact Note Act.
(Source: P.A. 83-1031.)
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(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, 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 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 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.)
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(25 ILCS 70/3) (from Ch. 63, par. 42.83)
Sec. 3.
Upon the 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 request of the sponsor of any bill described in subsection (b) of
Section 2, the Director of the Administrative Office of the Illinois
Courts, or any person 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 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 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 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.
(Source: P.A. 92-16, eff. 6-28-01.)
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(25 ILCS 70/4) (from Ch. 63, par. 42.84)
Sec. 4.
Whenever the sponsor of any measure is of the opinion that
no Correctional Budget and Impact Note is necessary, any member of either
house may thereafter request that a note be obtained, and in such case the
matter shall be decided by a majority vote of those present and voting in
the house of which he is a member.
(Source: P.A. 83-1031.)
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(25 ILCS 70/5) (from Ch. 63, par. 42.85)
Sec. 5.
The note shall be factual in nature, as brief and concise as
may be, and shall provide as reliable an estimate, in terms of population
and dollar impact, as is possible under the circumstances. The note shall
include both the immediate effect, and if determinable or reasonably
foreseeable,
the long-range effect of the measure.
If, after careful investigation, it is determined that no population or
dollar estimate is possible, the note shall contain a statement to that
effect, setting forth the reasons why no such estimate can be given. A
brief summary or work sheet of computations used in arriving at the Budget
and Impact Note figures
shall be supplied.
(Source: P.A. 90-655, eff. 7-30-98.)
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(25 ILCS 70/6) (from Ch. 63, par. 42.86)
Sec. 6.
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 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.)
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(25 ILCS 70/7) (from Ch. 63, par. 42.87)
Sec. 7.
The fact that a Correctional Budget and Impact Note is prepared
for any bill shall not preclude or restrict the appearance before any committee
of the General Assembly, of any official or authorized employee of any State
board, commission, department, agency or other entity who desires to be heard
in support of or in opposition to the measure.
(Source: P.A. 83-1031.)
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(25 ILCS 70/8) (from Ch. 63, par. 42.88)
Sec. 8.
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 amendment,
as required by this Act.
(Source: P.A. 83-1031.)
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(25 ILCS 70/9) (from Ch. 63, par. 42.89)
Sec. 9.
The subject matter of bills submitted to the Director of the
Department of Corrections 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.)
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