Bill Text: IL SB3258 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning prisoner records maintained by the Department of Corrections.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3258 Detail]

Download: Illinois-2013-SB3258-Engrossed.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Correctional Budget and Impact Note Act is
amended by changing Sections 2, 3, 6, 8, and 9 and by adding
Section 4.4 as follows:
(25 ILCS 70/2) (from Ch. 63, par. 42.82)
Sec. 2. Budget impact note required.
(a) Every bill which creates a new criminal offense for
which a sentence to the Department of Corrections may be
imposed; or which enhances any class or category of offense to
a higher grade or penalty for which a sentence to the
Department of Corrections is authorized; or which requires a
mandatory commitment to the Department of Corrections; or which
requires that a prisoner shall receive sentence credit other
than one day of sentence credit for each day of his or her
sentence of imprisonment or recommitment; or which increases
the length of a term of mandatory supervised release, shall
have prepared for it prior to second reading in the house of
introduction a brief explanatory statement or note which shall
include a reliable estimate of the probable impact of such bill
upon the overall resident population of the Department of
Corrections and the probable impact which such bill will have

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upon the Department's annual budget.
(b) Every bill that (i) creates a new criminal offense for
which a commitment to the Department of Juvenile Justice or to
a juvenile detention facility, sentence of probation,
intermediate sanctions, or community service may be imposed or
(ii) enhances any class or category of offense to any grade or
penalty for which adjudication, commitment, or disposition by a
circuit court to the custody of a Probation and Court Services
Department may result shall have prepared for it prior to
second reading in the house of introduction a brief explanatory
statement or note that shall include a reliable estimate of the
probable impact of the bill upon the Department of Juvenile
Justice, as well as the overall probation caseload Statewide
and the probable impact the bill will have on staffing needs
and upon the annual budgets of the Illinois Supreme Court and
the counties of this State.
(Source: P.A. 89-198, eff. 7-21-95.)
(25 ILCS 70/3) (from Ch. 63, par. 42.83)
Sec. 3. Preparation of note.
(a) Upon the filing request of the sponsor of any bill
described in subsection (a) of Section 2, the Director of the
Department of Corrections, or any person within the Department
whom the Director may designate, shall prepare a written
statement setting forth the information specified in
subsection (a) of Section 2. Upon the filing request of the

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sponsor of any bill described in subsection (b) of Section 2,
the Director of Juvenile Justice and the Director of the
Administrative Office of the Illinois Courts, or any person
each the Director may designate, shall prepare a written
statement setting forth the information specified in
subsection (b) of Section 2.
The statement prepared by the Director of Corrections,
Director of Juvenile Justice, or Director of Administrative
Office of the Illinois Courts, as the case may be, shall be
designated a Correctional Budget and Impact Note and shall be
filed with the Clerk of the House or the Secretary of the
Senate, as appropriate, and furnished to the sponsor within 10
calendar days thereafter, except that whenever, because of the
complexity of the bill, additional time is required for the
preparation of the note, the Department of Corrections,
Department of Juvenile Justice, or Administrative Office of the
Illinois Courts may so notify the sponsor and request an
extension of time not to exceed 5 additional days within which
such note is to be furnished. Such extension shall not extend
beyond May 15 following the date of the request.
(b) Upon the filing of any bill requiring the preparation
of a written statement under subsection (a), the sponsor of the
bill in the house of introduction shall inform the Department
of Corrections, the Department of Juvenile Justice, and the
Administrative Office of the Illinois Courts of the filing of
the bill.

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(Source: P.A. 92-16, eff. 6-28-01.)
(25 ILCS 70/4.4 new)
Sec. 4.4. Preferred funding source. Within 5 days after
receiving the statement required in Section 3 of this Act, the
sponsor shall file with the Clerk of the House or the Secretary
of the Senate, as appropriate, a written statement identifying
the sponsor's preferred means of funding the costs to be
incurred by the legislation. The required identification shall
be made either by specifying (i) the additional tax or other
revenue source from which an amount equal to the costs
identified are to be generated or (ii) the specific line item
or items in the budget for the current fiscal year that would
be reduced or eliminated to reach an amount equal to the costs
identified.
(25 ILCS 70/6) (from Ch. 63, par. 42.86)
Sec. 6. Preparation of note. No comment or opinion shall be
included in the note with regard to the merits of the measure
for which the note is prepared; however technical or mechanical
defects may be noted.
The work sheet shall include, insofar as practicable, a
breakdown of the costs upon which the note is based. Such
breakdown shall include, but need not be limited to, costs of
personnel, room and board, and capital outlay. The note shall
also include such other information as is required by the rules

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and regulations which may be promulgated by each house of the
General Assembly with respect to the preparation of such notes.
The note shall be prepared in quintuplicate and the
original of both the note and the work sheet shall be signed by
the Director of the Department of Corrections or such person as
the Director may designate, by the Director of Juvenile
Justice, or such person as the Director may designate, or by
the Director of the Administrative Office of the Illinois
Courts, or any person the Director may designate.
(Source: P.A. 89-198, eff. 7-21-95.)
(25 ILCS 70/8) (from Ch. 63, par. 42.88)
Sec. 8. Amendments; notes required. Whenever any measure is
amended on the floor of either house in such manner as to bring
it within the description of bills set forth in Section 2
above, a majority of such house may propose that no action
shall be taken upon the amendment until the sponsor of the
amendment presents to the members a statement of the budget and
population impact of his or her amendment, as required by this
Act.
(Source: P.A. 83-1031.)
(25 ILCS 70/9) (from Ch. 63, par. 42.89)
Sec. 9. Confidentiality before introduction. The subject
matter of bills submitted to the Director of the Department of
Corrections, the Director of Juvenile Justice, or the Director

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of the Administrative Office of the Illinois Courts shall be
kept in strict confidence and no information relating thereto
or relating to the budget or impact thereof shall be divulged
by an official or employee of the Department or the
Administrative Office of the Illinois Courts, except to the
bill's sponsor or his designee, prior to the bill's
introduction in the General Assembly.
(Source: P.A. 92-16, eff. 6-28-01.)
(25 ILCS 70/4 rep.)
Section 10. The Correctional Budget and Impact Note Act is
amended by repealing Section 4.