Bill Text: IL SB1957 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that on or before August 31, 2020, 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 costs savings from criminal justice reforms enacted into law. Provides that the Fund shall be jointly administered by the Department of Human Services and the Illinois Criminal Justice Information Authority, and each county shall be entitled to a proportionate share of the annual funds available from the Justice Reinvestment Fund provided it meets certain criteria. Provides that funds left unclaimed due to a qualifying county failing to submit an application or meet the specified criteria shall be reallocated to the counties that, based on the determination of the Department of Human Services and the Illinois Criminal Justice Information Authority, have been most effective in using their funds to improve public health and safety. Provides that counties receiving funds shall submit an annual report to the Department of Human Services and the Illinois Criminal Justice Information Authority detailing the uses of the funds and the impact they have had on public health and safety. Amends the State Finance Act to make conforming changes. Makes other changes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1957 Detail]

Download: Illinois-2019-SB1957-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1957 Introduced 2/15/2019, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
30 ILCS 105/5.891 new
730 ILCS 5/5-8-9 new
Amends the Unified Code of Corrections. Provides that on or before August 31, 2020, 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 costs savings from criminal justice reforms enacted into law. Provides that the Fund shall be jointly administered by the Department of Human Services and the Illinois Criminal Justice Information Authority, and each county shall be entitled to a proportionate share of the annual funds available from the Justice Reinvestment Fund provided it meets certain criteria. Provides that funds left unclaimed due to a qualifying county failing to submit an application or meet the specified criteria shall be reallocated to the counties that, based on the determination of the Department of Human Services and the Illinois Criminal Justice Information Authority, have been most effective in using their funds to improve public health and safety. Provides that counties receiving funds shall submit an annual report to the Department of Human Services and the Illinois Criminal Justice Information Authority detailing the uses of the funds and the impact they have had on public health and safety. Amends the State Finance Act to make conforming changes. Makes other changes.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 1. Purpose. From 1982 to 2013, Illinois'
incarcerated population nearly tripled, with much of the
expansion caused by the increased criminalization of public
health concerns such as the effects of poverty, mental illness,
and drug use, 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 criminal 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 criminal justice reforms enacted
into law 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;

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(3) providing formerly incarcerated persons a better
chance to succeed outside of prison; and
(4) providing support to victims.
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 Unified Code of Corrections is amended by
adding Section 5-8-9 as follows:
(730 ILCS 5/5-8-9 new)
Sec. 5-8-9. Justice Reinvestment Fund.
(a) On or before July 31, 2020, and on or before July 31 of
the next 9 fiscal years thereafter, the Sentencing Policy
Advisory Council shall calculate the savings that accrued to
the State during the preceding fiscal year, as compared to the
fiscal year ending June 30, 2019, due to criminal justice
reforms enacted into law. 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 to a
lower classification of offense as a result of criminal

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justice reform efforts enacted into law by the General
Assembly;
(2) the average length of stay in Department of
Corrections facilities for these offenses before they were
reclassified;
(3) the marginal cost per inmate per year; and
(4) any reduction in fixed costs, overhead costs, or
administrative costs.
In making the calculations required by this subsection (a),
the Sentencing Policy Advisory Council shall use actual data or
best available estimates when actual data is not available. The
State Comptroller shall certify the results of the calculation
no later than August 15 of each fiscal year.
(b) On or before August 31, 2020, 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 under
subsection (a) minus any necessary deductions under
subsections (j) and (k).
(c) The Justice Reinvestment Fund is created as a special
fund in the State treasury. The Fund shall be jointly
administered by the Department of Human Services and the
Illinois Criminal Justice Information Authority, and each
county shall be entitled to a proportionate share of the annual
funds available from the Justice Reinvestment Fund provided it
meets the criteria described in subsection (d).

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(d) 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 investments in evidence-based or
promising strategies in one or more of the following areas:
(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) community economic development projects and
the creation or support of cooperative businesses; and
(J) alternatives to justice-system involvement
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.
The application must specify how the funds will be

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directed toward one or more of the following:
(A) the neighborhoods in the county that have the
largest number of former residents in jail or prison;
(B) the neighborhoods in the county that have the
largest number of crime victims; and
(C) formerly incarcerated persons who are
re-entering the county from prison.
(e) If the criminal justice reforms enacted into law yield
savings calculated under subsection (a) results in a
down-sizing of the State prison system involving the discharge
of any Department of Corrections employees, the Department of
Human Services and the Illinois Criminal Justice Information
Authority may deduct funds from the Justice Reinvestment Fund
for purposes of assisting those discharged workers with
transitional expenses related to job training, community
economic development, education, and healthcare needs. The
funds used for this purpose shall not account for more than 1%
of the total funds deposited into the Justice Reinvestment Fund
each year.
(f) Funds allocated to counties under this Section may be
used by counties for planning and administrative costs
associated with implementing the provisions of criminal
justice reforms enacted into law that yield savings calculated
under subsection (a). Counties shall not use the funds to
supplant existing funds in the chosen programmatic areas.
(g) Counties receiving funds shall submit an annual report

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to the Department of Human Services and the Illinois Criminal
Justice Information Authority detailing the uses of the funds
and the impact they have had on public health and safety. The
Department of Human Services and the Illinois Criminal Justice
Information Authority shall assist counties in the filing of
their annual reports by providing a template for the reports,
including a listing of public health and safety metrics that
correspond to each potential area of investment in this
subsection (g). On an annual basis, the Department of Human
Services and the Illinois Criminal Justice Information
Authority shall provide a summary report to the Governor and
the General Assembly that details the statewide impact of the
Justice Reinvestment Fund on public health and safety.
(h) Funds left unclaimed due to a qualifying county failing
to submit an application or meet the specified criteria shall
be reallocated to the counties that, based on the determination
of the Department of Human Services and the Illinois Criminal
Justice Information Authority, have been most effective in
using their funds to improve public health and safety.
(i) The Comptroller shall annually conduct a randomized
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.
(j) Any costs incurred by the Comptroller and the

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Sentencing Policy Advisory Council in connection with the
fulfillment of their duties described in this Section shall be
deducted from the Justice Reinvestment Fund before the funds
are disbursed under subsection (b).
(k) Any administrative costs incurred by the Department of
Human Services and the Illinois Criminal Justice Information
Authority in fulfilling its duties under this amendatory Act of
the 101st General Assembly 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 year.