Bill Text: IL SB1615 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the State Finance Act. Creates the Justice Reinvestment Fund in the State treasury. Amends the Criminal Code of 2012. Increases the threshold amounts of value of the property involved that enhances a misdemeanor to a felony or to a greater felony to exceeding $2,500 for theft, retail theft, deceptive practices, criminal damage to property, and criminal defacement of property. Amends the Cannabis Control Act. Provides that the knowing possession of more 10 grams of any substance containing cannabis is a Class A misdemeanor, Amends the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that the knowing possession of these substances, other than anabolic steroids, is a Class A misdemeanor. Amends the Unified Code of Corrections. Provides for the adjustment of sentences as misdemeanors if before the effective date of the amendatory Act these offenses were classified as felonies. Establishes procedures in which an offender sentenced as a felon for these offenses may petition to have his or her sentence reclassified as a misdemeanor. Provides that on or before July 31, 2020, and on or before July 31 of each fiscal year thereafter, the Illinois Sentencing Policy Advisory Council shall calculate the savings that accrued to the State during the fiscal year ending June 30, 2020, as compared to the fiscal year preceding the enactment of this amendatory Act, due to the re-classification of felony offenses as misdemeanors. Provides that on or before August 31, 2020, and before August 31 of each fiscal year thereafter, the Comptroller shall transfer from the General Fund to the Justice Reinvestment Fund 85% of the total savings calculated minus any necessary deductions. Makes other changes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1615 Detail]

Download: Illinois-2019-SB1615-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1615 Introduced 2/15/2019, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
See Index
Amends the State Finance Act. Creates the Justice Reinvestment Fund in the State treasury. Amends the Criminal Code of 2012. Increases the threshold amounts of value of the property involved that enhances a misdemeanor to a felony or to a greater felony to exceeding $2,500 for theft, retail theft, deceptive practices, criminal damage to property, and criminal defacement of property. Amends the Cannabis Control Act. Provides that the knowing possession of more 10 grams of any substance containing cannabis is a Class A misdemeanor, Amends the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that the knowing possession of these substances, other than anabolic steroids, is a Class A misdemeanor. Amends the Unified Code of Corrections. Provides for the adjustment of sentences as misdemeanors if before the effective date of the amendatory Act these offenses were classified as felonies. Establishes procedures in which an offender sentenced as a felon for these offenses may petition to have his or her sentence reclassified as a misdemeanor. Provides that on or before July 31, 2020, and on or before July 31 of each fiscal year thereafter, the Illinois Sentencing Policy Advisory Council shall calculate the savings that accrued to the State during the fiscal year ending June 30, 2020, as compared to the fiscal year preceding the enactment of this amendatory Act, due to the re-classification of felony offenses as misdemeanors. Provides that on or before August 31, 2020, and before August 31 of each fiscal year thereafter, the Comptroller shall transfer from the General Fund to the Justice Reinvestment Fund 85% of the total savings calculated minus any necessary deductions. Makes other changes.
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A BILL FOR
SB1615 LRB101 08287 SLF 53354 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 State Finance Act is amended by adding
Section 5.891 as follows:
(30 ILCS 105/5.891 new)
Sec. 5.891. The Justice Reinvestment Fund.
Section 10. The Criminal Code of 2012 is amended by
changing Sections 16-1, 16-25, 17-1, 21-1, and 21-1.3 as
follows:
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
Sec. 16-1. Theft.
(a) A person commits theft when he or she knowingly:
(1) Obtains or exerts unauthorized control over
property of the owner; or
(2) Obtains by deception control over property of the
owner; or
(3) Obtains by threat control over property of the
owner; or
(4) Obtains control over stolen property knowing the
property to have been stolen or under such circumstances as

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would reasonably induce him or her to believe that the
property was stolen; or
(5) Obtains or exerts control over property in the
custody of any law enforcement agency which any law
enforcement officer or any individual acting in behalf of a
law enforcement agency explicitly represents to the person
as being stolen or represents to the person such
circumstances as would reasonably induce the person to
believe that the property was stolen, and
(A) Intends to deprive the owner permanently of the
use or benefit of the property; or
(B) Knowingly uses, conceals or abandons the
property in such manner as to deprive the owner
permanently of such use or benefit; or
(C) Uses, conceals, or abandons the property
knowing such use, concealment or abandonment probably
will deprive the owner permanently of such use or
benefit.
(b) Sentence.
(1) Theft of property not from the person and not
exceeding $2,500 $500 in value is a Class A misdemeanor.
(1.1) (Blank). Theft of property not from the person
and not exceeding $500 in value is a Class 4 felony if the
theft was committed in a school or place of worship or if
the theft was of governmental property.
(2) (Blank). A person who has been convicted of theft

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of property not from the person and not exceeding $500 in
value who has been previously convicted of any type of
theft, robbery, armed robbery, burglary, residential
burglary, possession of burglary tools, home invasion,
forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or
4-103.3 of the Illinois Vehicle Code relating to the
possession of a stolen or converted motor vehicle, or a
violation of Section 17-36 of the Criminal Code of 1961 or
the Criminal Code of 2012, or Section 8 of the Illinois
Credit Card and Debit Card Act is guilty of a Class 4
felony.
(3) (Blank).
(4) Theft of property from the person not exceeding
$2,500 $500 in value, or theft of property exceeding $500
and not exceeding $10,000 in value, is a Class 3 felony.
(4.1) (Blank). Theft of property from the person not
exceeding $500 in value, or theft of property exceeding
$500 and not exceeding $10,000 in value, is a Class 2
felony if the theft was committed in a school or place of
worship or if the theft was of governmental property.
(5) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 2 felony.
(5.1) (Blank). Theft of property exceeding $10,000 and
not exceeding $100,000 in value is a Class 1 felony if the
theft was committed in a school or place of worship or if
the theft was of governmental property.

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(6) Theft of property exceeding $100,000 and not
exceeding $500,000 in value is a Class 1 felony.
(6.1) (Blank). Theft of property exceeding $100,000 in
value is a Class X felony if the theft was committed in a
school or place of worship or if the theft was of
governmental property.
(6.2) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value is a Class 1
non-probationable felony.
(6.3) Theft of property exceeding $1,000,000 in value
is a Class X felony.
(7) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
obtained money or property valued at $5,000 or more from a
victim 60 years of age or older is a Class 2 felony.
(8) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 3 felony if the rent payment or
security deposit obtained does not exceed $500.
(9) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 2 felony if the rent payment or

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security deposit obtained exceeds $500 and does not exceed
$10,000.
(10) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 1 felony if the rent payment or
security deposit obtained exceeds $10,000 and does not
exceed $100,000.
(11) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class X felony if the rent payment or
security deposit obtained exceeds $100,000.
(c) When a charge of theft of property exceeding a
specified value is brought, the value of the property involved
is an element of the offense to be resolved by the trier of
fact as either exceeding or not exceeding the specified value.
(d) Theft by lessee; permissive inference. The trier of
fact may infer evidence that a person intends to deprive the
owner permanently of the use or benefit of the property (1) if
a lessee of the personal property of another fails to return it
to the owner within 10 days after written demand from the owner
for its return or (2) if a lessee of the personal property of
another fails to return it to the owner within 24 hours after

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written demand from the owner for its return and the lessee had
presented identification to the owner that contained a
materially fictitious name, address, or telephone number. A
notice in writing, given after the expiration of the leasing
agreement, addressed and mailed, by registered mail, to the
lessee at the address given by him and shown on the leasing
agreement shall constitute proper demand.
(e) Permissive inference; evidence of intent that a person
obtains by deception control over property. The trier of fact
may infer that a person "knowingly obtains by deception control
over property of the owner" when he or she fails to return,
within 45 days after written demand from the owner, the
downpayment and any additional payments accepted under a
promise, oral or in writing, to perform services for the owner
for consideration of $3,000 or more, and the promisor knowingly
without good cause failed to substantially perform pursuant to
the agreement after taking a down payment of 10% or more of the
agreed upon consideration. This provision shall not apply where
the owner initiated the suspension of performance under the
agreement, or where the promisor responds to the notice within
the 45-day notice period. A notice in writing, addressed and
mailed, by registered mail, to the promisor at the last known
address of the promisor, shall constitute proper demand.
(f) Offender's interest in the property.
(1) It is no defense to a charge of theft of property
that the offender has an interest therein, when the owner

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also has an interest to which the offender is not entitled.
(2) Where the property involved is that of the
offender's spouse, no prosecution for theft may be
maintained unless the parties were not living together as
man and wife and were living in separate abodes at the time
of the alleged theft.
(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;
96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff.
1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150,
eff. 1-25-13.)
(720 ILCS 5/16-25)
Sec. 16-25. Retail theft.
(a) A person commits retail theft when he or she knowingly:
(1) Takes possession of, carries away, transfers or
causes to be carried away or transferred any merchandise
displayed, held, stored or offered for sale in a retail
mercantile establishment with the intention of retaining
such merchandise or with the intention of depriving the
merchant permanently of the possession, use or benefit of
such merchandise without paying the full retail value of
such merchandise; or
(2) Alters, transfers, or removes any label, price tag,
marking, indicia of value or any other markings which aid
in determining value affixed to any merchandise displayed,
held, stored or offered for sale in a retail mercantile

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establishment and attempts to purchase such merchandise at
less than the full retail value with the intention of
depriving the merchant of the full retail value of such
merchandise; or
(3) Transfers any merchandise displayed, held, stored
or offered for sale in a retail mercantile establishment
from the container in or on which such merchandise is
displayed to any other container with the intention of
depriving the merchant of the full retail value of such
merchandise; or
(4) Under-rings with the intention of depriving the
merchant of the full retail value of the merchandise; or
(5) Removes a shopping cart from the premises of a
retail mercantile establishment without the consent of the
merchant given at the time of such removal with the
intention of depriving the merchant permanently of the
possession, use or benefit of such cart; or
(6) Represents to a merchant that he, she, or another
is the lawful owner of property, knowing that such
representation is false, and conveys or attempts to convey
that property to a merchant who is the owner of the
property in exchange for money, merchandise credit or other
property of the merchant; or
(7) Uses or possesses any theft detection shielding
device or theft detection device remover with the intention
of using such device to deprive the merchant permanently of

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the possession, use or benefit of any merchandise
displayed, held, stored or offered for sale in a retail
mercantile establishment without paying the full retail
value of such merchandise; or
(8) Obtains or exerts unauthorized control over
property of the owner and thereby intends to deprive the
owner permanently of the use or benefit of the property
when a lessee of the personal property of another fails to
return it to the owner, or if the lessee fails to pay the
full retail value of such property to the lessor in
satisfaction of any contractual provision requiring such,
within 10 days after written demand from the owner for its
return. A notice in writing, given after the expiration of
the leasing agreement, by registered mail, to the lessee at
the address given by the lessee and shown on the leasing
agreement shall constitute proper demand.
(b) Theft by emergency exit. A person commits theft by
emergency exit when he or she commits a retail theft as defined
in subdivisions (a)(1) through (a)(8) of this Section and to
facilitate the theft he or she leaves the retail mercantile
establishment by use of a designated emergency exit.
(c) Permissive inference. If any person:
(1) conceals upon his or her person or among his or her
belongings unpurchased merchandise displayed, held, stored
or offered for sale in a retail mercantile establishment;
and

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(2) removes that merchandise beyond the last known
station for receiving payments for that merchandise in that
retail mercantile establishment,
then the trier of fact may infer that the person possessed,
carried away or transferred such merchandise with the intention
of retaining it or with the intention of depriving the merchant
permanently of the possession, use or benefit of such
merchandise without paying the full retail value of such
merchandise.
To "conceal" merchandise means that, although there may be
some notice of its presence, that merchandise is not visible
through ordinary observation.
(d) Venue. Multiple thefts committed by the same person as
part of a continuing course of conduct in different
jurisdictions that have been aggregated in one jurisdiction may
be prosecuted in any jurisdiction in which one or more of the
thefts occurred.
(e) For the purposes of this Section, "theft detection
shielding device" means any laminated or coated bag or device
designed and intended to shield merchandise from detection by
an electronic or magnetic theft alarm sensor.
(f) Sentence.
(1) A violation of any of the subdivisions (a)(1)
through (a)(6) and (a)(8) of this Section, the full retail
value of which does not exceed $2,500 $300 for property
other than motor fuel or $150 for motor fuel, is a Class A

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misdemeanor. A violation of subdivision (a)(7) of this
Section is a Class A misdemeanor for a first offense and a
Class 4 felony for a second or subsequent offense. Theft by
emergency exit of property, the full retail value of which
does not exceed $300, is a Class 4 felony.
(2) (Blank). A person who has been convicted of retail
theft of property under any of subdivisions (a)(1) through
(a)(6) and (a)(8) of this Section, the full retail value of
which does not exceed $300 for property other than motor
fuel or $150 for motor fuel, and who has been previously
convicted of any type of theft, robbery, armed robbery,
burglary, residential burglary, possession of burglary
tools, home invasion, unlawful use of a credit card, or
forgery is guilty of a Class 4 felony. A person who has
been convicted of theft by emergency exit of property, the
full retail value of which does not exceed $300, and who
has been previously convicted of any type of theft,
robbery, armed robbery, burglary, residential burglary,
possession of burglary tools, home invasion, unlawful use
of a credit card, or forgery is guilty of a Class 3 felony.
(3) Any retail theft of property under any of
subdivisions (a)(1) through (a)(6) and (a)(8) of this
Section, the full retail value of which exceeds $2,500 $300
for property other than motor fuel or $150 for motor fuel
in a single transaction, or in separate transactions
committed by the same person as part of a continuing course

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of conduct from one or more mercantile establishments over
a period of one year, is a Class 3 felony. Theft by
emergency exit of property, the full retail value of which
exceeds $300 in a single transaction, or in separate
transactions committed by the same person as part of a
continuing course of conduct from one or more mercantile
establishments over a period of one year, is a Class 2
felony. When a charge of retail theft of property or theft
by emergency exit of property, the full value of which
exceeds $2,500 $300, is brought, the value of the property
involved is an element of the offense to be resolved by the
trier of fact as either exceeding or not exceeding $2,500
$300.
(Source: P.A. 97-597, eff. 1-1-12.)
(720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
Sec. 17-1. Deceptive practices.
(A) General deception.
A person commits a deceptive practice when, with intent to
defraud, the person does any of the following:
(1) He or she knowingly causes another, by deception or
threat, to execute a document disposing of property or a
document by which a pecuniary obligation is incurred.
(2) Being an officer, manager or other person
participating in the direction of a financial institution,

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he or she knowingly receives or permits the receipt of a
deposit or other investment, knowing that the institution
is insolvent.
(3) He or she knowingly makes a false or deceptive
statement addressed to the public for the purpose of
promoting the sale of property or services.
(B) Bad checks.
A person commits a deceptive practice when:
(1) With intent to obtain control over property or to
pay for property, labor or services of another, or in
satisfaction of an obligation for payment of tax under the
Retailers' Occupation Tax Act or any other tax due to the
State of Illinois, he or she issues or delivers a check or
other order upon a real or fictitious depository for the
payment of money, knowing that it will not be paid by the
depository. The trier of fact may infer that the defendant
knows that the check or other order will not be paid by the
depository and that the defendant has acted with intent to
defraud when the defendant fails to have sufficient funds
or credit with the depository when the check or other order
is issued or delivered, or when such check or other order
is presented for payment and dishonored on each of 2
occasions at least 7 days apart. In this paragraph (B)(1),
"property" includes rental property (real or personal).
(2) He or she issues or delivers a check or other order

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upon a real or fictitious depository in an amount exceeding
$150 in payment of an amount owed on any credit transaction
for property, labor or services, or in payment of the
entire amount owed on any credit transaction for property,
labor or services, knowing that it will not be paid by the
depository, and thereafter fails to provide funds or credit
with the depository in the face amount of the check or
order within 7 days of receiving actual notice from the
depository or payee of the dishonor of the check or order.
(C) Bank-related fraud.
(1) False statement.
A person commits false statement bank fraud if he or she,
with intent to defraud, makes or causes to be made any false
statement in writing in order to obtain an account with a bank
or other financial institution, or to obtain credit from a bank
or other financial institution, or to obtain services from a
currency exchange, knowing such writing to be false, and with
the intent that it be relied upon.
For purposes of this subsection (C), a false statement
means any false statement representing identity, address, or
employment, or the identity, address, or employment of any
person, firm, or corporation.
(2) Possession of stolen or fraudulently obtained checks.
A person commits possession of stolen or fraudulently
obtained checks when he or she possesses, with the intent to

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obtain access to funds of another person held in a real or
fictitious deposit account at a financial institution, makes a
false statement or a misrepresentation to the financial
institution, or possesses, transfers, negotiates, or presents
for payment a check, draft, or other item purported to direct
the financial institution to withdraw or pay funds out of the
account holder's deposit account with knowledge that such
possession, transfer, negotiation, or presentment is not
authorized by the account holder or the issuing financial
institution. A person shall be deemed to have been authorized
to possess, transfer, negotiate, or present for payment such
item if the person was otherwise entitled by law to withdraw or
recover funds from the account in question and followed the
requisite procedures under the law. If the account holder, upon
discovery of the withdrawal or payment, claims that the
withdrawal or payment was not authorized, the financial
institution may require the account holder to submit an
affidavit to that effect on a form satisfactory to the
financial institution before the financial institution may be
required to credit the account in an amount equal to the amount
or amounts that were withdrawn or paid without authorization.
(3) Possession of implements of check fraud.
A person commits possession of implements of check fraud
when he or she possesses, with the intent to defraud and
without the authority of the account holder or financial
institution, any check imprinter, signature imprinter, or

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"certified" stamp.
(D) Sentence.
(1) The commission of a deceptive practice in violation
of this Section, except as otherwise provided by this
subsection (D), is a Class A misdemeanor.
(2) For purposes of paragraphs (A)(1) and (B)(1):
(a) The commission of a deceptive practice in
violation of paragraph (A)(1) or (B)(1), when the value
of the property so obtained, in a single transaction or
in separate transactions within a 90-day period,
exceeds $2,500 $150, is a Class 4 felony. In the case
of a prosecution for separate transactions totaling
more than $2,500 $150 within a 90-day period, those
separate transactions shall be alleged in a single
charge and prosecuted in a single prosecution.
(b) (Blank). The commission of a deceptive
practice in violation of paragraph (B)(1) a second or
subsequent time is a Class 4 felony.
(3) (Blank). For purposes of paragraph (C)(2), a person
who, within any 12-month period, violates paragraph (C)(2)
with respect to 3 or more checks or orders for the payment
of money at the same time or consecutively, each the
property of a different account holder or financial
institution, is guilty of a Class 4 felony.
(4) (Blank). For purposes of paragraph (C)(3), a person

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who within any 12-month period violates paragraph (C)(3) as
to possession of 3 or more such devices at the same time or
consecutively is guilty of a Class 4 felony.
(E) Civil liability. A person who issues a check or order
to a payee in violation of paragraph (B)(1) and who fails to
pay the amount of the check or order to the payee within 30
days following either delivery and acceptance by the addressee
of a written demand both by certified mail and by first class
mail to the person's last known address or attempted delivery
of a written demand sent both by certified mail and by first
class mail to the person's last known address and the demand by
certified mail is returned to the sender with a notation that
delivery was refused or unclaimed shall be liable to the payee
or a person subrogated to the rights of the payee for, in
addition to the amount owing upon such check or order, damages
of treble the amount so owing, but in no case less than $100
nor more than $1,500, plus attorney's fees and court costs. An
action under this subsection (E) may be brought in small claims
court or in any other appropriate court. As part of the written
demand required by this subsection (E), the plaintiff shall
provide written notice to the defendant of the fact that prior
to the hearing of any action under this subsection (E), the
defendant may tender to the plaintiff and the plaintiff shall
accept, as satisfaction of the claim, an amount of money equal
to the sum of the amount of the check and the incurred court

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costs, including the cost of service of process, and attorney's
fees.
(Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11.)
(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
Sec. 21-1. Criminal damage to property.
(a) A person commits criminal damage to property when he or
she:
(1) knowingly damages any property of another;
(2) recklessly by means of fire or explosive damages
property of another;
(3) knowingly starts a fire on the land of another;
(4) knowingly injures a domestic animal of another
without his or her consent;
(5) knowingly deposits on the land or in the building
of another any stink bomb or any offensive smelling
compound and thereby intends to interfere with the use by
another of the land or building;
(6) knowingly damages any property, other than as
described in paragraph (2) of subsection (a) of Section
20-1, with intent to defraud an insurer;
(7) knowingly shoots a firearm at any portion of a
railroad train;
(8) knowingly, without proper authorization, cuts,
injures, damages, defaces, destroys, or tampers with any
fire hydrant or any public or private fire fighting

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equipment, or any apparatus appertaining to fire fighting
equipment; or
(9) intentionally, without proper authorization, opens
any fire hydrant.
(b) When the charge of criminal damage to property
exceeding a specified value is brought, the extent of the
damage is an element of the offense to be resolved by the trier
of fact as either exceeding or not exceeding the specified
value.
(c) It is an affirmative defense to a violation of
paragraph (1), (3), or (5) of subsection (a) of this Section
that the owner of the property or land damaged consented to the
damage.
(d) Sentence.
(1) A violation of subsection (a) shall have the
following penalties:
(A) A violation of paragraph (8) or (9) is a Class
B misdemeanor.
(B) A violation of paragraph (1), (2), (3), (5), or
(6) is a Class A misdemeanor when the damage to
property does not exceed $2,500 $500.
(C) (Blank). A violation of paragraph (1), (2),
(3), (5), or (6) is a Class 4 felony when the damage to
property does not exceed $500 and the damage occurs to
property of a school or place of worship or to farm
equipment or immovable items of agricultural

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production, including but not limited to grain
elevators, grain bins, and barns or property which
memorializes or honors an individual or group of police
officers, fire fighters, members of the United States
Armed Forces, National Guard, or veterans.
(D) A violation of paragraph (4) is a Class A
misdemeanor 4 felony when the damage to property does
not exceed $10,000.
(E) A violation of paragraph (7) is a Class A
misdemeanor 4 felony.
(F) A violation of paragraph (1), (2), (3), (5) or
(6) is a Class 4 felony when the damage to property
exceeds $2,500 $500 but does not exceed $10,000.
(G) (Blank). A violation of paragraphs (1) through
(6) is a Class 3 felony when the damage to property
exceeds $500 but does not exceed $10,000 and the damage
occurs to property of a school or place of worship or
to farm equipment or immovable items of agricultural
production, including but not limited to grain
elevators, grain bins, and barns or property which
memorializes or honors an individual or group of police
officers, fire fighters, members of the United States
Armed Forces, National Guard, or veterans.
(H) A violation of paragraphs (1) through (6) is a
Class 3 felony when the damage to property exceeds
$10,000 but does not exceed $100,000.

SB1615 - 21 - LRB101 08287 SLF 53354 b
(I) (Blank). A violation of paragraphs (1) through
(6) is a Class 2 felony when the damage to property
exceeds $10,000 but does not exceed $100,000 and the
damage occurs to property of a school or place of
worship or to farm equipment or immovable items of
agricultural production, including but not limited to
grain elevators, grain bins, and barns or property
which memorializes or honors an individual or group of
police officers, fire fighters, members of the United
States Armed Forces, National Guard, or veterans.
(J) A violation of paragraphs (1) through (6) is a
Class 2 felony when the damage to property exceeds
$100,000. A violation of paragraphs (1) through (6) is
a Class 1 felony when the damage to property exceeds
$100,000 and the damage occurs to property of a school
or place of worship or to farm equipment or immovable
items of agricultural production, including but not
limited to grain elevators, grain bins, and barns or
property which memorializes or honors an individual or
group of police officers, fire fighters, members of the
United States Armed Forces, National Guard, or
veterans.
(2) When the damage to property exceeds $10,000, the
court shall impose upon the offender a fine equal to the
value of the damages to the property.
(3) In addition to any other sentence that may be

SB1615 - 22 - LRB101 08287 SLF 53354 b
imposed, a court shall order any person convicted of
criminal damage to property to perform community service
for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction and is
funded and approved by the county board of the county where
the offense was committed. In addition, whenever any person
is placed on supervision for an alleged offense under this
Section, the supervision shall be conditioned upon the
performance of the community service.
The community service requirement does not apply when
the court imposes a sentence of incarceration.
(4) In addition to any criminal penalties imposed for a
violation of this Section, if a person is convicted of or
placed on supervision for knowingly damaging or destroying
crops of another, including crops intended for personal,
commercial, research, or developmental purposes, the
person is liable in a civil action to the owner of any
crops damaged or destroyed for money damages up to twice
the market value of the crops damaged or destroyed.
(5) For the purposes of this subsection (d), "farm
equipment" means machinery or other equipment used in
farming.
(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)
(720 ILCS 5/21-1.3)
Sec. 21-1.3. Criminal defacement of property.

SB1615 - 23 - LRB101 08287 SLF 53354 b
(a) A person commits criminal defacement of property when
the person knowingly damages the property of another by
defacing, deforming, or otherwise damaging the property by the
use of paint or any other similar substance, or by the use of a
writing instrument, etching tool, or any other similar device.
It is an affirmative defense to a violation of this Section
that the owner of the property damaged consented to such
damage.
(b) Sentence.
(1) Criminal defacement of property is a Class A
misdemeanor for a first offense when the aggregate value of the
damage to the property does not exceed $2,500 $500. Criminal
defacement of property is a Class 4 felony when the aggregate
value of the damage to property does not exceed $500 and the
property damaged is a school building or place of worship or
property which memorializes or honors an individual or group of
police officers, fire fighters, members of the United States
Armed Forces or National Guard, or veterans. Criminal
defacement of property is a Class 4 felony for a second or
subsequent conviction or when the aggregate value of the damage
to the property exceeds $2,500 $500. Criminal defacement of
property is a Class 3 felony when the aggregate value of the
damage to property exceeds $500 and the property damaged is a
school building or place of worship or property which
memorializes or honors an individual or group of police
officers, fire fighters, members of the United States Armed

SB1615 - 24 - LRB101 08287 SLF 53354 b
Forces or National Guard, or veterans.
(2) In addition to any other sentence that may be imposed
for a violation of this Section, a person convicted of criminal
defacement of property shall:
(A) pay the actual costs incurred by the property owner
or the unit of government to abate, remediate, repair, or
remove the effect of the damage to the property. To the
extent permitted by law, reimbursement for the costs of
abatement, remediation, repair, or removal shall be
payable to the person who incurred the costs; and
(B) (blank). if convicted of criminal defacement of
property that is chargeable as a Class 3 or Class 4 felony,
pay a mandatory minimum fine of $500.
(3) In addition to any other sentence that may be imposed,
a court shall order any person convicted of criminal defacement
of property to perform community service for not less than 30
and not more than 120 hours, if community service is available
in the jurisdiction. The community service shall include, but
need not be limited to, the cleanup and repair of the damage to
property that was caused by the offense, or similar damage to
property located in the municipality or county in which the
offense occurred. When the property damaged is a school
building, the community service may include cleanup, removal,
or painting over the defacement. In addition, whenever any
person is placed on supervision for an alleged offense under
this Section, the supervision shall be conditioned upon the

SB1615 - 25 - LRB101 08287 SLF 53354 b
performance of the community service.
(4) For the purposes of this subsection (b), aggregate
value shall be determined by adding the value of the damage to
one or more properties if the offenses were committed as part
of a single course of conduct.
(Source: P.A. 98-315, eff. 1-1-14; 98-466, eff. 8-16-13;
98-756, eff. 7-16-14; 99-631, eff. 1-1-17.)
Section 15. The Cannabis Control Act is amended by changing
Section 4 as follows:
(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
Sec. 4. It is unlawful for any person knowingly to possess
cannabis. Any person who violates this section with respect to:
(a) not more than 10 grams of any substance containing
cannabis is guilty of a civil law violation punishable by a
minimum fine of $100 and a maximum fine of $200. The
proceeds of the fine shall be payable to the clerk of the
circuit court. Within 30 days after the deposit of the
fine, the clerk shall distribute the proceeds of the fine
as follows:
(1) $10 of the fine to the circuit clerk and $10 of
the fine to the law enforcement agency that issued the
citation; the proceeds of each $10 fine distributed to
the circuit clerk and each $10 fine distributed to the
law enforcement agency that issued the citation for the

SB1615 - 26 - LRB101 08287 SLF 53354 b
violation shall be used to defer the cost of automatic
expungements under paragraph (2.5) of subsection (a)
of Section 5.2 of the Criminal Identification Act;
(2) $15 to the county to fund drug addiction
services;
(3) $10 to the Office of the State's Attorneys
Appellate Prosecutor for use in training programs;
(4) $10 to the State's Attorney; and
(5) any remainder of the fine to the law
enforcement agency that issued the citation for the
violation.
With respect to funds designated for the Department of
State Police, the moneys shall be remitted by the circuit
court clerk to the Department of State Police within one
month after receipt for deposit into the State Police
Operations Assistance Fund. With respect to funds
designated for the Department of Natural Resources, the
Department of Natural Resources shall deposit the moneys
into the Conservation Police Operations Assistance Fund;
(b) more than 10 grams but not more than 30 grams of
any substance containing cannabis is guilty of a Class B
misdemeanor;
(c) more than 30 grams but not more than 100 grams of
any substance containing cannabis is guilty of a Class A
misdemeanor; provided, that if any offense under this
subsection (c) is a subsequent offense, the offender shall

SB1615 - 27 - LRB101 08287 SLF 53354 b
be guilty of a Class 4 felony;
(d) more than 100 grams but not more than 500 grams of
any substance containing cannabis is guilty of a Class 4
felony; provided that if any offense under this subsection
(d) is a subsequent offense, the offender shall be guilty
of a Class 3 felony;
(e) (blank); more than 500 grams but not more than
2,000 grams of any substance containing cannabis is guilty
of a Class 3 felony;
(f) (blank); more than 2,000 grams but not more than
5,000 grams of any substance containing cannabis is guilty
of a Class 2 felony;
(g) (blank); more than 5,000 grams of any substance
containing cannabis is guilty of a Class 1 felony.
(Source: P.A. 99-697, eff. 7-29-16.)
Section 20. The Illinois Controlled Substances Act is
amended by changing Section 402 as follows:
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
Sec. 402. Except as otherwise authorized by this Act, it is
unlawful for any person knowingly to possess a controlled or
counterfeit substance or controlled substance analog. A
violation of this Act with respect to any each of the
controlled substance substances listed herein constitutes a
single and separate violation of this Act. For purposes of this

SB1615 - 28 - LRB101 08287 SLF 53354 b
Section, "controlled substance analog" or "analog" means a
substance, other than a controlled substance, which is not
approved by the United States Food and Drug Administration or,
if approved, is not dispensed or possessed in accordance with
State or federal law, and that has a chemical structure
substantially similar to that of a controlled substance in
Schedule I or II, or that was specifically designed to produce
an effect substantially similar to that of a controlled
substance in Schedule I or II. Examples of chemical classes in
which controlled substance analogs are found include, but are
not limited to, the following: phenethylamines, N-substituted
piperidines, morphinans, ecgonines, quinazolinones,
substituted indoles, and arylcycloalkylamines. For purposes of
this Act, a controlled substance analog shall be treated in the
same manner as the controlled substance to which it is
substantially similar.
(a) Any person who violates this Section with respect to
any controlled substance or counterfeit substance or
controlled substance analog, with the exception of
methamphetamine or an anabolic steroid is guilty of a Class A
misdemeanor. with respect to the following controlled or
counterfeit substances and amounts, notwithstanding any of the
provisions of subsections (c) and (d) to the contrary, is
guilty of a Class 1 felony and shall, if sentenced to a term of
imprisonment, be sentenced as provided in this subsection (a)
and fined as provided in subsection (b):

SB1615 - 29 - LRB101 08287 SLF 53354 b
(1) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less than
400 grams of a substance containing heroin;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less than
900 grams of any substance containing heroin;
(D) not less than 10 years and not more than 50
years with respect to 900 grams or more of any
substance containing heroin;
(2) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing cocaine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less than
400 grams of any substance containing cocaine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less than
900 grams of any substance containing cocaine;
(D) not less than 10 years and not more than 50
years with respect to 900 grams or more of any
substance containing cocaine;
(3) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than

SB1615 - 30 - LRB101 08287 SLF 53354 b
100 grams of any substance containing morphine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less than
400 grams of any substance containing morphine;
(C) not less than 6 years and not more than 40
years with respect to 400 grams or more but less than
900 grams of any substance containing morphine;
(D) not less than 10 years and not more than 50
years with respect to 900 grams or more of any
substance containing morphine;
(4) 200 grams or more of any substance containing
peyote;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid;
(6) 200 grams or more of any substance containing
amphetamine or any salt of an optical isomer of
amphetamine;
(6.5) (blank);
(7) (A) not less than 4 years and not more than 15
years with respect to: (i) 15 grams or more but less
than 100 grams of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or (ii)
15 or more objects or 15 or more segregated parts of an
object or objects but less than 200 objects or 200
segregated parts of an object or objects containing in

SB1615 - 31 - LRB101 08287 SLF 53354 b
them or having upon them any amount of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof;
(B) not less than 6 years and not more than 30
years with respect to: (i) 100 grams or more but less
than 400 grams of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or (ii)
200 or more objects or 200 or more segregated parts of
an object or objects but less than 600 objects or less
than 600 segregated parts of an object or objects
containing in them or having upon them any amount of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof;
(C) not less than 8 years and not more than 40
years with respect to: (i) 400 grams or more but less
than 900 grams of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or (ii)
600 or more objects or 600 or more segregated parts of
an object or objects but less than 1500 objects or 1500
segregated parts of an object or objects containing in
them or having upon them any amount of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof;
(D) not less than 10 years and not more than 50
years with respect to: (i) 900 grams or more of any
substance containing lysergic acid diethylamide (LSD),

SB1615 - 32 - LRB101 08287 SLF 53354 b
or an analog thereof, or (ii) 1500 or more objects or
1500 or more segregated parts of an object or objects
containing in them or having upon them any amount of a
substance containing lysergic acid diethylamide (LSD),
or an analog thereof;
(7.5) (A) not less than 4 years and not more than 15
years with respect to: (i) 15 grams or more but less
than 100 grams of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 15 or more pills, tablets, caplets, capsules, or
objects but less than 200 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(B) not less than 6 years and not more than 30
years with respect to: (i) 100 grams or more but less
than 400 grams of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 200 or more pills, tablets, caplets, capsules, or
objects but less than 600 pills, tablets, caplets,

SB1615 - 33 - LRB101 08287 SLF 53354 b
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(C) not less than 8 years and not more than 40
years with respect to: (i) 400 grams or more but less
than 900 grams of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 600 or more pills, tablets, caplets, capsules, or
objects but less than 1,500 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(D) not less than 10 years and not more than 50
years with respect to: (i) 900 grams or more of any
substance listed in paragraph (1), (2), (2.1), (2.2),
(3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or
derivative thereof, or (ii) 1,500 or more pills,
tablets, caplets, capsules, or objects containing in
them or having upon them any amount of a substance

SB1615 - 34 - LRB101 08287 SLF 53354 b
listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or
derivative thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone;
(10) 30 grams or more of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP);
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of isomers
of ketamine;
(11) 200 grams or more of any substance containing any
substance classified as a narcotic drug in Schedules I or
II, or an analog thereof, which is not otherwise included
in this subsection.
(b) (Blank). Any person sentenced with respect to
violations of paragraph (1), (2), (3), (7), or (7.5) of
subsection (a) involving 100 grams or more of the controlled
substance named therein, may in addition to the penalties
provided therein, be fined an amount not to exceed $200,000 or
the full street value of the controlled or counterfeit

SB1615 - 35 - LRB101 08287 SLF 53354 b
substances, whichever is greater. The term "street value" shall
have the meaning ascribed in Section 110-5 of the Code of
Criminal Procedure of 1963. Any person sentenced with respect
to any other provision of subsection (a), may in addition to
the penalties provided therein, be fined an amount not to
exceed $200,000.
(c) (Blank). Any person who violates this Section with
regard to an amount of a controlled substance other than
methamphetamine or counterfeit substance not set forth in
subsection (a) or (d) is guilty of a Class 4 felony. The fine
for a violation punishable under this subsection (c) shall not
be more than $25,000.
(d) Any person who violates this Section with regard to any
amount of anabolic steroid is guilty of a Class C misdemeanor
for the first offense and a Class B misdemeanor for a
subsequent offense committed within 2 years of a prior
conviction.
(Source: P.A. 99-371, eff. 1-1-16; 100-368, eff. 1-1-18.)
Section 25. The Methamphetamine Control and Community
Protection Act is amended by changing Section 60 as follows:
(720 ILCS 646/60)
Sec. 60. Methamphetamine possession.
(a) It is unlawful knowingly to possess methamphetamine or
a substance containing methamphetamine.

SB1615 - 36 - LRB101 08287 SLF 53354 b
(b) A person who violates subsection (a) is guilty of a
Class A misdemeanor. subject to the following penalties:
(1) A person who possesses less than 5 grams of
methamphetamine or a substance containing methamphetamine
is guilty of a Class 3 felony.
(2) A person who possesses 5 or more grams but less
than 15 grams of methamphetamine or a substance containing
methamphetamine is guilty of a Class 2 felony.
(3) A person who possesses 15 or more grams but less
than 100 grams of methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 felony.
(4) A person who possesses 100 or more grams but less
than 400 grams of methamphetamine or a substance containing
methamphetamine is guilty of a Class X felony, subject to a
term of imprisonment of not less than 6 years and not more
than 30 years, and subject to a fine not to exceed
$100,000.
(5) A person who possesses 400 or more grams but less
than 900 grams of methamphetamine or a substance containing
methamphetamine is guilty of a Class X felony, subject to a
term of imprisonment of not less than 8 years and not more
than 40 years, and subject to a fine not to exceed
$200,000.
(6) A person who possesses 900 or more grams of
methamphetamine or a substance containing methamphetamine
is guilty of a Class X felony, subject to a term of

SB1615 - 37 - LRB101 08287 SLF 53354 b
imprisonment of not less than 10 years and not more than 50
years, and subject to a fine not to exceed $300,000.
(Source: P.A. 94-556, eff. 9-11-05.)
Section 30. The Unified Code of Corrections is amended by
adding Sections 5-9-5 and 8-7-1 as follows:
(730 ILCS 5/5-9-5 new)
Sec. 5-9-5. Resentencing as misdemeanants.
(a) In the case of a person who is facing criminal charges
for an offense committed before the effective date of this
amendatory Act of the 101st General Assembly that would have
qualified as a felony under Section 16-1, 16-25, 17-1, 21-1, or
21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2012, the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and Community
Protection Act at the time it was committed, but the person has
not been sentenced by the time this amendatory Act of the 101st
General Assembly takes effect and this amendatory Act of the
101st General Assembly reclassifies the offense as a
misdemeanor, the sentencing court shall sentence the defendant
based on the amended penalties under the Criminal Code of 2012,
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act.
(b) In the case of a person who is, at the time of the

SB1615 - 38 - LRB101 08287 SLF 53354 b
effective date of this amendatory Act of the 101st General
Assembly, incarcerated for a felony offense under Section 16-1,
16-25, 17-1, 21-1, or 21-1.3 of the Criminal Code of 1961 or
the Criminal Code of 2012, the Cannabis Control Act, the
Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act that has been subsequently
reclassified as a misdemeanor, the sentencing court, the
Director of Corrections, or the incarcerated person may make a
motion to recall the original sentence issued and re-sentence
the person to a misdemeanor under the amended penalties under
the Criminal Code of 2012, the Cannabis Control Act, the
Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act. The sentencing court
shall determine whether the petitioner qualifies for
resentencing as a result of the reclassification of felony
offenses as misdemeanors under this amendatory Act of the 101st
General Assembly. If the petitioner qualifies for
resentencing, the petitioner's felony sentence shall be
recalled and the petitioner shall be re-sentenced to a
misdemeanor under Section 16-1, 16-25, 17-1, 21-1, or 21-1.3 of
the Criminal Code of 2012, the Cannabis Control Act, the
Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act as amended by this
amendatory Act of the 101st General Assembly, unless the court,
in its discretion, determines that re-sentencing the
petitioner would pose an unreasonable risk of danger to public

SB1615 - 39 - LRB101 08287 SLF 53354 b
safety. Under no circumstances shall re-sentencing result in a
sentence that is longer than the original sentence.
(c) In the case of a person who has completed his or her
sentence for a felony conviction under Section 16-1, 16-25,
17-1, 21-1, or 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control and
Community Protection Act that is reclassified as a misdemeanor
by this amendatory Act of the 101st General Assembly, he or she
may apply to have the felony conviction designated as a
misdemeanor, or the sentencing court or Director of Corrections
may make a motion to have the felony conviction designated as a
misdemeanor. All sentencing courts throughout this State shall
provide applications for this purpose. If the court finds that
the felony conviction was for an offense that has been
reclassified as a misdemeanor by this amendatory Act of the
101st General Assembly, the court shall designate that the
conviction was for a misdemeanor.
(d) If the original sentencing court is not available for
re-sentencing under subsections (b) and (c), the presiding
judge shall designate another judge to rule on the motion or
application.
(e) Nothing in subsections (a) through (d) is intended to
diminish or abrogate any rights or remedies otherwise available
to the petitioner or applicant, or to the victims of the crimes
that resulted in the felony convictions at issue.

SB1615 - 40 - LRB101 08287 SLF 53354 b
(730 ILCS 5/8-7-1 new)
Sec. 8-7-1. Purpose.
(a) From 1982 to 2013, Illinois' incarcerated population
nearly tripled, with much of the expansion caused by the
increased criminalization of poverty 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 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
reducing our incarceration rate by reclassifying a series of
non-violent felony offenses as misdemeanors 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; and
(3) providing formerly incarcerated persons a better
chance to succeed outside of prison.

SB1615 - 41 - LRB101 08287 SLF 53354 b
(b) On or before July 31, 2020, and on or before July 31 of
each fiscal year thereafter, the Illinois Sentencing Policy
Advisory Council shall calculate the savings that accrued to
the State during the fiscal year ending June 30, 2020, as
compared to the fiscal year preceding the enactment of this
amendatory Act of the 101st General Assembly, due to the
re-classification of felony offenses under Sections 16-1,
16-25, 17-1, 21-1, and 21-1.3 of the Criminal Code of 2012, the
Cannabis Control Act, the Illinois Controlled Substances Act,
and the Methamphetamine Control and Community Protection Act as
misdemeanors. 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, 2019 for the offenses that have been reclassified as
misdemeanors by this amendatory Act of the 101st General
Assembly compared to the number of persons incarcerated for
those same offenses in a Department of Corrections facility
during the fiscal year for which the calculation is being
made;
(2) the average length of stay in Department of
Corrections facilities for these offenses before they were
reclassified as misdemeanors;
(3) the marginal cost per inmate per year; and
(4) any reduction in fixed costs, overhead costs, or
administrative costs due to the closing of a Department of
Corrections facility, or portion of a Department of

SB1615 - 42 - LRB101 08287 SLF 53354 b
Corrections facility, as a result of this amendatory Act of
the 101st General Assembly.
In making the calculations required by this subsection (b),
the Illinois Sentencing Policy Advisory Council shall use
actual data or best available estimates where actual data is
not available. The calculations shall be final and shall not be
adjusted for any subsequent changes in the underlying data. The
State Comptroller shall certify the results of the calculation
no later than August 15 of each fiscal year.
(c) On or before August 31, 2020, and before August 31 of
each fiscal year thereafter, the Comptroller shall transfer
from the General Fund to the Justice Reinvestment Fund 85% of
the total savings calculated under subsection (b) minus any
necessary deductions under subsections (m) and (n).
(d) Funds in the Justice Reinvestment Fund shall be
continuously appropriated for the purposes of this amendatory
Act. Funds transferred to the Justice Reinvestment Fund shall
be used exclusively for the purposes of this amendatory Act of
the 101st General Assembly and shall not be subject to
appropriation or transfer by the General Assembly for any other
purpose. The funds in the Justice Reinvestment Fund may be used
without regard to fiscal year.
(e) On or before April 30, 2020, the Illinois Sentencing
Policy Advisory Council shall calculate, for each county in the
State, the 3-year average of the number of residents of that
county who were incarcerated within a State prison for felony

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offenses under Sections 16-1, 16-25, 17-1, 21-1, and 21-1.3 of
the Criminal Code of 1961 or the Criminal Code of 2012, the
Cannabis Control Act, the Illinois Controlled Substances Act,
and the Methamphetamine Control and Community Protection Act
that are re-classified as misdemeanors by this amendatory Act
of the 101st General Assembly. The 3-year average shall be
based on the fiscal years ending June 30, 2017; June 30, 2018;
and June 30, 2019.
(f) On or before April 30, 2020, the Illinois Sentencing
Policy Advisory Council shall calculate, for the entire State,
the 3-year average of the number of persons who were
incarcerated within a State prison for felony offenses under
Sections 16-1, 16-25, 17-1, 21-1, and 21-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012, the Cannabis Control
Act, the Illinois Controlled Substances Act, and the
Methamphetamine Control and Community Protection Act that are
re-classified as misdemeanors by this amendatory Act of the
101st General Assembly. The 3-year average shall be based on
the fiscal years ending June 30, 2017; June 30, 2018; and June
30, 2019.
(g) The Justice Reinvestment Fund shall be administered by
the Department of Human Services, and each county shall be
entitled to a proportionate share of the annual funds available
provided it meets the criteria described in subsection (h) of
this Section. For the fiscal year ending on June 30, 2020, each
county's proportionate share shall be based on their

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contribution to the total number of persons who have
pre-existing felony convictions at the time of enactment of
this amendatory Act of the 101st General Assembly that are
re-sentenced or designated as misdemeanors under Section 5-9-5
of this Code by June 30, 2020. For each fiscal year thereafter,
each county's share of available funds shall be determined by
their 3-year average calculated in subsection (e) as a
percentage of the 3-year average for the State calculated in
subsection (f).
(h) 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 creating or expanding one or more
of the following:
(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) alternatives to justice-system involvement

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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.
(2) 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 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.
(i) Counties shall not use the funds to supplant existing
funds in the chosen programmatic areas.
(j) Counties receiving funds shall submit an annual report
to the Department of Human Services detailing the uses of the
funds and the impact they have had on public health and safety.
The Department of Human Services shall provide a summary report
to the Governor and the General Assembly on an annual basis.
(k) Funds left unclaimed due to a qualifying county failing
to submit an application or meet the specified criteria shall
be reallocated to the remaining counties on a proportionate
basis, based on the same proportion used in subsection (g)
while excluding the non-participating county or counties.
(l) The Comptroller shall annually conduct a randomized

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audit of up to 10% of the counties receiving grants to ensure
the funds are disbursed and expended in accordance with the
requirements specified in this Section. The Comptroller shall
report his or her findings to the General Assembly and the
public.
(m) Any costs incurred by the Comptroller and the Illinois
Sentencing Policy Advisory Council in connection with the
fulfillment of its duties described in this Section shall be
deducted from the Justice Reinvestment Fund before the funds
are disbursed under subsection (c).
(n) Beginning with the fiscal year ending June 30, 2020,
the Illinois Sentencing Policy Advisory Council shall deduct
any additional costs incurred by the State court system in
fulfilling its duties under Section 5-9-5 during the preceding
year from the Justice Reinvestment Fund before the funds are
disbursed under subsection (c). The administrative costs shall
not account for more than 10% of the total funds to be
deposited into the Justice Reinvestment Fund for the fiscal
year ending June 30, 2020, and shall not account for more than
5% of the total funds to be deposited into the Justice
Reinvestment Fund for each fiscal year thereafter.
(o) Any administrative costs incurred by the Department of
Human Services in fulfilling its duties under this amendatory
Act 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

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year.
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INDEX
Statutes amended in order of appearance