Bill Text: IL SB1886 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Reduces felony penalties for possession of cannabis, controlled substances, and methamphetamine to misdemeanors. Amends the Unified Code of Corrections. Provides that in the case of a person who is, at the time of the effective date of the amendatory Act, incarcerated for a felony offense under 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 sentence. Creates the Justice Reinvestment Fund in the State treasury for: (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. Provides that 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 by the Sentencing Policy Advisory Council from the reduction of the prison population as a result of the reduced sentences provided by the amendatory Act. Amends the State Finance Act to make conforming changes.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2017-04-07 - Rule 2-10 Committee Deadline Established As May 5, 2017 [SB1886 Detail]

Download: Illinois-2017-SB1886-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1886

Introduced 2/10/2017, by Sen. Toi W. Hutchinson

SYNOPSIS AS INTRODUCED:
See Index

Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Reduces felony penalties for possession of cannabis, controlled substances, and methamphetamine to misdemeanors. Amends the Unified Code of Corrections. Provides that in the case of a person who is, at the time of the effective date of the amendatory Act, incarcerated for a felony offense under 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 sentence. Creates the Justice Reinvestment Fund in the State treasury for: (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. Provides that 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 by the Sentencing Policy Advisory Council from the reduction of the prison population as a result of the reduced sentences provided by the amendatory Act. Amends the State Finance Act to make conforming changes.
LRB100 09338 RLC 19499 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB1886LRB100 09338 RLC 19499 b
1 AN ACT concerning concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5Section 5.878 as follows:
6 (30 ILCS 105/5.878 new)
7 Sec. 5.878. The Justice Reinvestment Fund.
8 Section 10. The Cannabis Control Act is amended by changing
9Section 4 as follows:
10 (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
11 Sec. 4. It is unlawful for any person knowingly to possess
12cannabis. Any person who violates this section with respect to:
13 (a) not more than 10 grams of any substance containing
14 cannabis is guilty of a civil law violation punishable by a
15 minimum fine of $100 and a maximum fine of $200. The
16 proceeds of the fine shall be payable to the clerk of the
17 circuit court. Within 30 days after the deposit of the
18 fine, the clerk shall distribute the proceeds of the fine
19 as follows:
20 (1) $10 of the fine to the circuit clerk and $10 of
21 the fine to the law enforcement agency that issued the

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1 citation; the proceeds of each $10 fine distributed to
2 the circuit clerk and each $10 fine distributed to the
3 law enforcement agency that issued the citation for the
4 violation shall be used to defer the cost of automatic
5 expungements under paragraph (2.5) of subsection (a)
6 of Section 5.2 of the Criminal Identification Act;
7 (2) $15 to the county to fund drug addiction
8 services;
9 (3) $10 to the Office of the State's Attorneys
10 Appellate Prosecutor for use in training programs;
11 (4) $10 to the State's Attorney; and
12 (5) any remainder of the fine to the law
13 enforcement agency that issued the citation for the
14 violation.
15 With respect to funds designated for the Department of
16 State Police, the moneys shall be remitted by the circuit
17 court clerk to the Department of State Police within one
18 month after receipt for deposit into the State Police
19 Operations Assistance Fund. With respect to funds
20 designated for the Department of Natural Resources, the
21 Department of Natural Resources shall deposit the moneys
22 into the Conservation Police Operations Assistance Fund;
23 (b) more than 10 grams but not more than 30 grams of
24 any substance containing cannabis is guilty of a Class B
25 misdemeanor;
26 (c) more than 30 grams but not more than 100 grams of

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1 any substance containing cannabis is guilty of a Class A
2 misdemeanor. ; provided, that if any offense under this
3 subsection (c) is a subsequent offense, the offender shall
4 be guilty of a Class 4 felony;
5 (d) (blank); more than 100 grams but not more than 500
6 grams of any substance containing cannabis is guilty of a
7 Class 4 felony; provided that if any offense under this
8 subsection (d) is a subsequent offense, the offender shall
9 be guilty of a Class 3 felony;
10 (e) (blank); more than 500 grams but not more than
11 2,000 grams of any substance containing cannabis is guilty
12 of a Class 3 felony;
13 (f) (blank); more than 2,000 grams but not more than
14 5,000 grams of any substance containing cannabis is guilty
15 of a Class 2 felony;
16 (g) (blank). more than 5,000 grams of any substance
17 containing cannabis is guilty of a Class 1 felony.
18(Source: P.A. 99-697, eff. 7-29-16.)
19 Section 15. The Illinois Controlled Substances Act is
20amended by changing Section 402 as follows:
21 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
22 Sec. 402. Except as otherwise authorized by this Act, it is
23unlawful for any person knowingly to possess a controlled or
24counterfeit substance or controlled substance analog. A

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1violation of this Act with respect to any each of the
2controlled substance substances listed herein constitutes a
3single and separate violation of this Act. For purposes of this
4Section, "controlled substance analog" or "analog" means a
5substance, other than a controlled substance, that has a
6chemical structure substantially similar to that of a
7controlled substance in Schedule I or II, or that was
8specifically designed to produce an effect substantially
9similar to that of a controlled substance in Schedule I or II.
10Examples of chemical classes in which controlled substance
11analogs are found include, but are not limited to, the
12following: phenethylamines, N-substituted piperidines,
13morphinans, ecgonines, quinazolinones, substituted indoles,
14and arylcycloalkylamines. For purposes of this Act, a
15controlled substance analog shall be treated in the same manner
16as the controlled substance to which it is substantially
17similar.
18 (a) Any person who violates this Section with respect to
19any controlled substance or counterfeit substance or
20controlled substance analog, with the exception of
21methamphetamine or an anabolic steroid, with respect to the
22following controlled or counterfeit substances and amounts,
23notwithstanding any of the provisions of subsections (c) and
24(d) to the contrary, is guilty of a Class A misdemeanor. 1
25felony and shall, if sentenced to a term of imprisonment, be
26sentenced as provided in this subsection (a) and fined as

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1provided in subsection (b):
2 (1) (A) not less than 4 years and not more than 15
3 years with respect to 15 grams or more but less than
4 100 grams of a substance containing heroin;
5 (B) not less than 6 years and not more than 30
6 years with respect to 100 grams or more but less than
7 400 grams of a substance containing heroin;
8 (C) not less than 8 years and not more than 40
9 years with respect to 400 grams or more but less than
10 900 grams of any substance containing heroin;
11 (D) not less than 10 years and not more than 50
12 years with respect to 900 grams or more of any
13 substance containing heroin;
14 (2) (A) not less than 4 years and not more than 15
15 years with respect to 15 grams or more but less than
16 100 grams of any substance containing cocaine;
17 (B) not less than 6 years and not more than 30
18 years with respect to 100 grams or more but less than
19 400 grams of any substance containing cocaine;
20 (C) not less than 8 years and not more than 40
21 years with respect to 400 grams or more but less than
22 900 grams of any substance containing cocaine;
23 (D) not less than 10 years and not more than 50
24 years with respect to 900 grams or more of any
25 substance containing cocaine;
26 (3) (A) not less than 4 years and not more than 15

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1 years with respect to 15 grams or more but less than
2 100 grams of any substance containing morphine;
3 (B) not less than 6 years and not more than 30
4 years with respect to 100 grams or more but less than
5 400 grams of any substance containing morphine;
6 (C) not less than 6 years and not more than 40
7 years with respect to 400 grams or more but less than
8 900 grams of any substance containing morphine;
9 (D) not less than 10 years and not more than 50
10 years with respect to 900 grams or more of any
11 substance containing morphine;
12 (4) 200 grams or more of any substance containing
13 peyote;
14 (5) 200 grams or more of any substance containing a
15 derivative of barbituric acid or any of the salts of a
16 derivative of barbituric acid;
17 (6) 200 grams or more of any substance containing
18 amphetamine or any salt of an optical isomer of
19 amphetamine;
20 (6.5) (blank);
21 (7) (A) not less than 4 years and not more than 15
22 years with respect to: (i) 15 grams or more but less
23 than 100 grams of any substance containing lysergic
24 acid diethylamide (LSD), or an analog thereof, or (ii)
25 15 or more objects or 15 or more segregated parts of an
26 object or objects but less than 200 objects or 200

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1 segregated parts of an object or objects containing in
2 them or having upon them any amount of any substance
3 containing lysergic acid diethylamide (LSD), or an
4 analog thereof;
5 (B) not less than 6 years and not more than 30
6 years with respect to: (i) 100 grams or more but less
7 than 400 grams of any substance containing lysergic
8 acid diethylamide (LSD), or an analog thereof, or (ii)
9 200 or more objects or 200 or more segregated parts of
10 an object or objects but less than 600 objects or less
11 than 600 segregated parts of an object or objects
12 containing in them or having upon them any amount of
13 any substance containing lysergic acid diethylamide
14 (LSD), or an analog thereof;
15 (C) not less than 8 years and not more than 40
16 years with respect to: (i) 400 grams or more but less
17 than 900 grams of any substance containing lysergic
18 acid diethylamide (LSD), or an analog thereof, or (ii)
19 600 or more objects or 600 or more segregated parts of
20 an object or objects but less than 1500 objects or 1500
21 segregated parts of an object or objects containing in
22 them or having upon them any amount of any substance
23 containing lysergic acid diethylamide (LSD), or an
24 analog thereof;
25 (D) not less than 10 years and not more than 50
26 years with respect to: (i) 900 grams or more of any

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1 substance containing lysergic acid diethylamide (LSD),
2 or an analog thereof, or (ii) 1500 or more objects or
3 1500 or more segregated parts of an object or objects
4 containing in them or having upon them any amount of a
5 substance containing lysergic acid diethylamide (LSD),
6 or an analog thereof;
7 (7.5) (A) not less than 4 years and not more than 15
8 years with respect to: (i) 15 grams or more but less
9 than 100 grams of any substance listed in paragraph
10 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
11 (20.1), (21), (25), or (26) of subsection (d) of
12 Section 204, or an analog or derivative thereof, or
13 (ii) 15 or more pills, tablets, caplets, capsules, or
14 objects but less than 200 pills, tablets, caplets,
15 capsules, or objects containing in them or having upon
16 them any amount of any substance listed in paragraph
17 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
18 (20.1), (21), (25), or (26) of subsection (d) of
19 Section 204, or an analog or derivative thereof;
20 (B) not less than 6 years and not more than 30
21 years with respect to: (i) 100 grams or more but less
22 than 400 grams of any substance listed in paragraph
23 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
24 (20.1), (21), (25), or (26) of subsection (d) of
25 Section 204, or an analog or derivative thereof, or
26 (ii) 200 or more pills, tablets, caplets, capsules, or

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1 objects but less than 600 pills, tablets, caplets,
2 capsules, or objects containing in them or having upon
3 them any amount of any substance listed in paragraph
4 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
5 (20.1), (21), (25), or (26) of subsection (d) of
6 Section 204, or an analog or derivative thereof;
7 (C) not less than 8 years and not more than 40
8 years with respect to: (i) 400 grams or more but less
9 than 900 grams of any substance listed in paragraph
10 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
11 (20.1), (21), (25), or (26) of subsection (d) of
12 Section 204, or an analog or derivative thereof, or
13 (ii) 600 or more pills, tablets, caplets, capsules, or
14 objects but less than 1,500 pills, tablets, caplets,
15 capsules, or objects containing in them or having upon
16 them any amount of any substance listed in paragraph
17 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
18 (20.1), (21), (25), or (26) of subsection (d) of
19 Section 204, or an analog or derivative thereof;
20 (D) not less than 10 years and not more than 50
21 years with respect to: (i) 900 grams or more of any
22 substance listed in paragraph (1), (2), (2.1), (2.2),
23 (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
24 subsection (d) of Section 204, or an analog or
25 derivative thereof, or (ii) 1,500 or more pills,
26 tablets, caplets, capsules, or objects containing in

SB1886- 10 -LRB100 09338 RLC 19499 b
1 them or having upon them any amount of a substance
2 listed in paragraph (1), (2), (2.1), (2.2), (3),
3 (14.1), (19), (20), (20.1), (21), (25), or (26) of
4 subsection (d) of Section 204, or an analog or
5 derivative thereof;
6 (8) 30 grams or more of any substance containing
7 pentazocine or any of the salts, isomers and salts of
8 isomers of pentazocine, or an analog thereof;
9 (9) 30 grams or more of any substance containing
10 methaqualone or any of the salts, isomers and salts of
11 isomers of methaqualone;
12 (10) 30 grams or more of any substance containing
13 phencyclidine or any of the salts, isomers and salts of
14 isomers of phencyclidine (PCP);
15 (10.5) 30 grams or more of any substance containing
16 ketamine or any of the salts, isomers and salts of isomers
17 of ketamine;
18 (11) 200 grams or more of any substance containing any
19 substance classified as a narcotic drug in Schedules I or
20 II, or an analog thereof, which is not otherwise included
21 in this subsection.
22 (b) (Blank); Any person sentenced with respect to
23violations of paragraph (1), (2), (3), (7), or (7.5) of
24subsection (a) involving 100 grams or more of the controlled
25substance named therein, may in addition to the penalties
26provided therein, be fined an amount not to exceed $200,000 or

SB1886- 11 -LRB100 09338 RLC 19499 b
1the full street value of the controlled or counterfeit
2substances, whichever is greater. The term "street value" shall
3have the meaning ascribed in Section 110-5 of the Code of
4Criminal Procedure of 1963. Any person sentenced with respect
5to any other provision of subsection (a), may in addition to
6the penalties provided therein, be fined an amount not to
7exceed $200,000.
8 (c) (Blank); Any person who violates this Section with
9regard to an amount of a controlled substance other than
10methamphetamine or counterfeit substance not set forth in
11subsection (a) or (d) is guilty of a Class 4 felony. The fine
12for a violation punishable under this subsection (c) shall not
13be more than $25,000.
14 (d) Any person who violates this Section with regard to any
15amount of anabolic steroid is guilty of a Class C misdemeanor
16for the first offense and a Class B misdemeanor for a
17subsequent offense committed within 2 years of a prior
18conviction.
19(Source: P.A. 99-371, eff. 1-1-16.)
20 Section 20. The Methamphetamine Control and Community
21Protection Act is amended by changing Section 60 as follows:
22 (720 ILCS 646/60)
23 Sec. 60. Methamphetamine possession.
24 (a) It is unlawful knowingly to possess methamphetamine or

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1a substance containing methamphetamine.
2 (b) A person who violates subsection (a) is guilty of a
3Class A misdemeanor. subject to the following penalties:
4 (1) A person who possesses less than 5 grams of
5 methamphetamine or a substance containing methamphetamine
6 is guilty of a Class 3 felony.
7 (2) A person who possesses 5 or more grams but less
8 than 15 grams of methamphetamine or a substance containing
9 methamphetamine is guilty of a Class 2 felony.
10 (3) A person who possesses 15 or more grams but less
11 than 100 grams of methamphetamine or a substance containing
12 methamphetamine is guilty of a Class 1 felony.
13 (4) A person who possesses 100 or more grams but less
14 than 400 grams of methamphetamine or a substance containing
15 methamphetamine is guilty of a Class X felony, subject to a
16 term of imprisonment of not less than 6 years and not more
17 than 30 years, and subject to a fine not to exceed
18 $100,000.
19 (5) A person who possesses 400 or more grams but less
20 than 900 grams of methamphetamine or a substance containing
21 methamphetamine is guilty of a Class X felony, subject to a
22 term of imprisonment of not less than 8 years and not more
23 than 40 years, and subject to a fine not to exceed
24 $200,000.
25 (6) A person who possesses 900 or more grams of
26 methamphetamine or a substance containing methamphetamine

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1 is guilty of a Class X felony, subject to a term of
2 imprisonment of not less than 10 years and not more than 50
3 years, and subject to a fine not to exceed $300,000.
4(Source: P.A. 94-556, eff. 9-11-05.)
5 Section 25. The Unified Code of Corrections is amended by
6adding Sections 5-4.5-110 and 5-8-9 as follows:
7 (730 ILCS 5/5-4.5-110 new)
8 Sec. 5-4.5-110. Resentencing as misdemeanants.
9 (a) In the case of a person who is facing criminal charges
10for an offense committed prior to the effective date of this
11amendatory Act of the 100th General Assembly that would have
12qualified as a felony under the Cannabis Control Act, the
13Illinois Controlled Substances Act, or the Methamphetamine
14Control and Community Protection Act at the time it was
15committed, but the person has not been sentenced by the time
16this amendatory Act of the 100th General Assembly takes effect
17and this amendatory Act of the 100th General Assembly
18reclassifies the offense as a misdemeanor, the sentencing court
19shall sentence the defendant based on the penalty changes made
20by this amendatory Act of the 100th General Assembly in the
21Cannabis Control Act, the Illinois Controlled Substances Act,
22and the Methamphetamine Control and Community Protection Act.
23 (b) In the case of a person who is, at the time of the
24effective date of this amendatory Act of the 100th General

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1Assembly, incarcerated for a felony offense under the Cannabis
2Control Act, the Illinois Controlled Substances Act, or the
3Methamphetamine Control and Community Protection Act that has
4been subsequently reclassified as a misdemeanor, the
5sentencing court, the Director of Corrections, or the
6incarcerated person may make a motion to recall the original
7sentence issued and re-sentence the person to a misdemeanor
8under the penalty changes made by this amendatory Act of the
9100th General Assembly in the Cannabis Control Act, the
10Illinois Controlled Substances Act, and the Methamphetamine
11Control and Community Protection Act. The sentencing court
12shall determine whether the petitioner qualifies for
13resentencing as a result of the reclassification of felony
14offenses as misdemeanors by this amendatory Act of the 100th
15General Assembly. If the petitioner qualifies for
16resentencing, the petitioner's felony sentence shall be
17recalled and the petitioner shall be re-sentenced to a
18misdemeanor under the Cannabis Control Act, the Illinois
19Controlled Substances Act, or the Methamphetamine Control and
20Community Protection Act, under the penalty changes made by
21this amendatory Act of the 100th General Assembly, unless the
22court, in its discretion, determines that re-sentencing the
23petitioner would pose an unreasonable risk of danger to public
24safety. Under no circumstances shall re-sentencing result in a
25sentence that is longer than the original sentence.
26 (c) In the case of a person who has completed his or her

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1sentence for a felony conviction under the Cannabis Control
2Act, the Illinois Controlled Substances Act, or the
3Methamphetamine Control and Community Protection Act that is
4reclassified as a misdemeanor by this amendatory Act of the
5100th General Assembly, he or she may apply to have the felony
6conviction designated as a misdemeanor, or the sentencing court
7or Director of Corrections may make a motion to have the felony
8conviction designated as a misdemeanor. All sentencing courts
9throughout this State shall provide applications for this
10purpose. If the court finds that the felony conviction was for
11an offense that has been reclassified as a misdemeanor by this
12amendatory Act of the 100th General Assembly, the court shall
13designate that the conviction was for a misdemeanor.
14 (d) If the original sentencing court is not available for
15re-sentencing under subsections (b) and (c) of this Section,
16the presiding judge shall designate another judge to rule on
17the motion or application.
18 (e) Nothing in subsections (a) through (d) of this Section
19is intended to diminish or abrogate any rights or remedies
20otherwise available to the petitioner or applicant, or to any
21victims of the crimes that resulted in the felony convictions
22at issue.
23 (730 ILCS 5/5-8-9 new)
24 Sec. 5-8-9. Purpose.
25 (a) Purpose. From 1982 to 2013, Illinois' incarcerated

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1population nearly tripled, with much of the expansion caused by
2the increased criminalization of public health concerns such as
3the effects of poverty, mental illness, and drug use, and the
4disproportionately aggressive enforcement of criminal laws
5within communities of color. These trends resulted in justice
6expenditures more than doubling, in real dollars, during this
7period. The General Assembly hereby declares it a priority to
8right-size our justice system and realign our spending
9priorities to maximize public health and safety. Through the
10creation of the Justice Reinvestment Fund in the State
11treasury, a substantial portion of the savings realized from
12reducing our incarceration rate, by re-classifying a series of
13non-violent felony offenses as misdemeanors, will be
14reinvested in addressing the root causes of crime, violence,
15and recidivism. Among a wide range of positive effects, this
16initiative will create substantially healthier and safer
17communities across the State by:
18 (1) addressing the destabilizing effects that high
19 incarceration rates have had on families and communities;
20 (2) targeting the community conditions that perpetuate
21 the cycle of crime;
22 (3) providing formerly incarcerated persons a better
23 chance to succeed outside of prison; and
24 (4) providing support to victims.
25 (b) On or before July 31, 2018, and on or before July 31 of
26the next 9 fiscal years thereafter, the Sentencing Policy

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1Advisory Council shall calculate the savings that accrued to
2the State during the preceding fiscal year, as compared to the
3fiscal year ending June 30, 2017, due to the re-classification
4of felony offenses within the Cannabis Control Act, the
5Illinois Controlled Substances Act, and the Methamphetamine
6Control and Community Protection Act as misdemeanors by this
7amendatory Act of the 100th General Assembly. The savings
8calculation shall be solely based on:
9 (1) the number of persons incarcerated in a Department
10 of Corrections facility during the fiscal year ending June
11 30, 2017 for the offenses that have been reclassified as
12 misdemeanors by this amendatory Act of the 100th General
13 Assembly compared to the number of persons incarcerated for
14 those same offenses in a Department of Corrections facility
15 during the fiscal year for which the calculation is being
16 made;
17 (2) the average length of stay in Department of
18 Corrections facilities for these offenses before they were
19 reclassified as misdemeanors;
20 (3) the marginal cost per inmate per year; and
21 (4) any reduction in fixed costs, overhead costs, or
22 administrative costs due to the closing of a Department of
23 Corrections facility, or portion of a Department of
24 Corrections facility, as a result of this amendatory Act of
25 the 100th General Assembly.
26 In making the calculations required by this subsection (b),

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1the Sentencing Policy Advisory Council shall use actual data or
2best available estimates when actual data is not available. The
3calculations shall be final and shall not be adjusted for any
4subsequent changes in the underlying data. The State
5Comptroller shall certify the results of the calculation no
6later than August 15 of each fiscal year.
7 (c) On or before August 31, 2018, and on or before August
831 of the next 9 fiscal years thereafter, the Comptroller shall
9transfer from the General Revenue Fund to the Justice
10Reinvestment Fund 85% of the total savings calculated under
11subsection (b) of this Section minus any necessary deductions
12under subsections (n) and (o) of this Section.
13 (d) Funds transferred to the Justice Reinvestment Fund
14shall be used exclusively for the purposes of this Act and
15shall not be subject to appropriation or transfer by the
16General Assembly for any other purpose.
17 (e) On or before April 30, 2018, the Sentencing Policy
18Advisory Council shall calculate, for each county in this
19State, the 3-year average of the number of residents of that
20county who were incarcerated within a State prison for felony
21offenses in the Cannabis Control Act, the Illinois Controlled
22Substances Act, and the Methamphetamine Control and Community
23Protection Act that are re-classified as misdemeanors by this
24amendatory Act of the 100th General Assembly. The 3-year
25average shall be based on the fiscal years ending June 30,
262015; June 30, 2016; and June 30, 2017.

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1 (f) On or before April 30, 2018, the Sentencing Policy
2Advisory Council shall calculate, for the entire State, the
33-year average of the number of persons who were incarcerated
4within a State prison for felony offenses in the Cannabis
5Control Act, the Illinois Controlled Substances Act, and the
6Methamphetamine Control and Community Protection Act that are
7re-classified as misdemeanors by this amendatory Act of the
8100th General Assembly. The 3-year average shall be based on
9the fiscal years ending June 30, 2015; June 30, 2016; and June
1030, 2017.
11 (g) The Justice Reinvestment Fund shall be jointly
12administered by the Department of Human Services and the
13Illinois Criminal Justice Information Authority, and each
14county shall be entitled to a proportionate share of the annual
15funds available provided it meets the criteria described in
16subsection (h) of this Section. For the fiscal year ending on
17June 30, 2018, each county's proportionate share shall be based
18on their contribution to the total number of persons who have
19pre-existing felony convictions at the time of enactment of
20this amendatory Act of the 100th General Assembly that are
21re-sentenced or designated as misdemeanors under Section
225-4.5-110 of this Code by June 30, 2018. For each fiscal year
23thereafter, each county's share of available funds will be
24determined by their 3-year average calculated in subsection (e)
25of this Section as a percentage of the 3-year average for the
26State calculated in subsection (f) of this Section.

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1 (h) To receive funds under this Section, counties must meet
2the following criteria:
3 (1) They must submit an annual application in which
4 they specify how they will use the funds to improve public
5 health and safety through investments in evidence-based or
6 promising strategies in one or more of the following areas:
7 (A) living-wage job opportunities;
8 (B) training programs for jobs that pay a living
9 wage;
10 (C) drug treatment services;
11 (D) mental health services, including trauma
12 recovery services for crime victims;
13 (E) afterschool programs for children and youth;
14 (F) pre-K programs;
15 (G) summer and year-round jobs for youth;
16 (H) affordable housing opportunities;
17 (I) community economic development projects and
18 the creation or support of cooperative businesses;
19 (J) alternatives to justice-system involvement
20 within schools and throughout the community, including
21 but not limited to restorative justice programs and
22 increased use of social workers, psychologists,
23 conflict mediators, mental health counselors, and drug
24 treatment counselors to address low-level offenses.
25 The application must specify how the funds will be
26 directed toward one or more of the following:

SB1886- 21 -LRB100 09338 RLC 19499 b
1 (A) the neighborhoods in the county that have the
2 largest number of former residents in jail or prison;
3 (B) the neighborhoods in the county that have the
4 largest number of crime victims;
5 (C) formerly incarcerated persons who are
6 re-entering the county from prison.
7 (i) In the event that this amendatory Act of the 100th
8General Assembly results in a down-sizing of the State prison
9system involving the discharge of any Department of Corrections
10employees, the Department of Human Services and the Illinois
11Criminal Justice Information Authority are authorized to
12deduct funds from the Justice Reinvestment Fund for purposes of
13assisting those discharged workers with transitional expenses
14related to job training, community economic development,
15education, and healthcare needs. The funds used for this
16purpose shall not account for more than 1% of the total funds
17deposited into the Justice Reinvestment Fund each year.
18 (j) Funds allocated to counties under this Section may be
19used by counties for planning and administrative costs
20associated with implementing the provisions of this amendatory
21Act of the 100th General Assembly. Counties shall not use the
22funds to supplant existing funds in the chosen programmatic
23areas.
24 (k) Counties receiving funds shall submit an annual report
25to the Department of Human Services and the Illinois Criminal
26Justice Information Authority detailing the uses of the funds

SB1886- 22 -LRB100 09338 RLC 19499 b
1and the impact they have had on public health and safety. The
2Department of Human Services and the Illinois Criminal Justice
3Information Authority shall assist counties in the filing of
4their annual reports by providing a template for the reports,
5including a listing of public health and safety metrics that
6correspond to each potential area of investment in subsection
7(h) of this Section. On an annual basis, the Department of
8Human Services and the Illinois Criminal Justice Information
9Authority shall provide a summary report to the Governor and
10the General Assembly that details the statewide impact of the
11Justice Reinvestment Fund on public health and safety. Counties
12receiving less than $50,000 from the Justice Reinvestment Fund
13in a single year shall be exempt from this reporting
14requirement that year.
15 (l) Funds left unclaimed due to a qualifying county failing
16to submit an application or meet the specified criteria shall
17be reallocated to the counties that, based on the determination
18of the Department of Human Services and the Illinois Criminal
19Justice Information Authority, have been most effective in
20using their funds to improve public health and safety.
21 (m) The Comptroller shall annually conduct a randomized
22audit of up to 10% of the counties receiving grants to ensure
23the funds are disbursed and expended in accordance with the
24requirements specified herein. The Comptroller shall report
25his or her findings to the General Assembly and the public.
26 (n) Any costs incurred by the Comptroller and the

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1Sentencing Policy Advisory Council in connection with the
2fulfillment of their duties described in this Section shall be
3deducted from the Justice Reinvestment Fund before the funds
4are disbursed under subsection (c) of this Section.
5 (o) Beginning with the fiscal year ending June 30, 2018,
6the Sentencing Policy Advisory Council shall deduct any
7additional costs incurred by the state court system in
8fulfilling its duties under Section 5-4.5-110 of this Code
9during the preceding year from the Justice Reinvestment Fund
10before the funds are disbursed under subsection (c) of this
11Section. The administrative costs shall not account for more
12than 2% of the total funds to be deposited into the Justice
13Reinvestment Fund for the fiscal year ending June 30, 2018, and
14shall not account for more than 1% of the total funds to be
15deposited into the Justice Reinvestment Fund for each fiscal
16year thereafter.
17 (p) Any administrative costs incurred by the Department of
18Human Services and the Illinois Criminal Justice Information
19Authority in fulfilling its duties under this this amendatory
20Act of the 100th General Assembly shall be deducted from the
21available pool of funds. The administrative costs shall not
22account for more than 5% of the total funds deposited into the
23Justice Reinvestment Fund each year.

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1 INDEX
2 Statutes amended in order of appearance