101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB1643

Introduced , by Rep. Kambium Buckner

SYNOPSIS AS INTRODUCED:

`20 ILCS 3930/7.3 new`
`20 ILCS 3930/7.3-2 new`
`20 ILCS 3930/7.3-5 new`
`730 ILCS 5/5-6-3.6`

Amends the Illinois Criminal Justice Information Act. Provides that within 60 days after the effective date of the amendatory Act, the Illinois Criminal Justice Information Authority shall identify geographic areas eligible to be designated by the Safe and Full Coordinating Board as a Safe and Full Employment Zone ("SAFE Zone") and shall send to the Legislative Audit Commission and make publicly available its analysis and development of the SAFE Zones. Provides that the criteria for these SAFE Zones shall be used to prioritize State funding and provide various services throughout the State. Creates the Safe and Full Employment Coordinating Board to develop and implement a plan for designating SAFE Zones. Provides that the design of programs and budget requirements in SAFE Zones shall be developed by Local Economic Growth Councils. Amends the Unified Code of Corrections. Provides that the First Time Weapon Offender Program shall be implemented by the Safe and Full Employment Coordinating Board. Makes other changes. Effective immediately.

LRB101 08615 SLF 53694 b

FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB1643

LRB101 08615 SLF 53694 b

1 AN ACT concerning State government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. This Act may be referred to as the SAFE Zone

5 Law.

6 Section 5. Legislative findings.

7 (a) The General Assembly finds that some communities of

8 this State are ravaged by violence and that a substantial and

9 disproportionate amount of serious crimes are committed by

10 persons who unlawfully possess firearms. In many of these

11 communities, there is high unemployment and poverty fueled by

12 incarceration and other barriers to employment after release.

13 Aggressive and tailored approaches to address these outcomes

14 are required.

15 (b) The General Assembly finds that violence should be

16 viewed as a public health crisis that requires identifying and

17 building on community assets leading to investment in job

18 creation, housing, employment training, child care, healthcare

19 and other services.

20 (c) To carry out this intent, the General Assembly declares

21 the following purposes of this Law:

22 (1) to protect communities from gun violence through

23 targeted intervention programs, including economic growth

HB1643

- 2 -

LRB101 08615 SLF 53694 b

1 and improving family violence prevention, community trauma

2 treatment rates, gun injury victim services, and public

3 health prevention activities;

4 (2) to substantially reduce both the total amount of

5 gun violence and concentrated poverty in this State;

6 (3) to intervene with persons who violate gun

7 possession laws in a risk-responsive manner that decreases

8 the likelihood of any future violent incidents and equips

9 those who have previously violated gun laws to live

10 responsibly and safely; and

11 (4) to promote employment infrastructure in community

12 areas with the highest concentrations of gun violence and

13 unemployment due to incarceration and resulting criminal

14 records.

15 (d) The ability of children, teenagers, and young adults to

16 participate freely in education, employment, and civic life

17 without any exposure to illegal weapons or gun violence,

18 facilitating their safe and economically stable future

19 prospects, shall be the central purpose of any initiatives

20 included in this Law.

21 Section 15. The Illinois Criminal Justice Information Act

22 is amended by adding Sections 7.3, 7.3-2, and 7.3-5 as follows:

23 (20 ILCS 3930/7.3 new)

24 Sec. 7.3. Safe and full employment zones. Within 60 days

HB1643

- 3 -

LRB101 08615 SLF 53694 b

1 after the effective date of this amendatory Act of the 101st

2 General Assembly, the Authority shall identify those

3 geographic areas eligible to be designated by the Safe and Full

4 Employment Coordinating Board as a Safe and Full Employment

5 Zone ("SAFE Zone"), as outlined in subsection (c) of Section

6 7.3-2.

7 (a) Qualifications for a SAFE Zone are as follows:

8 (1) An area of extremely high gun violence and economic

9 destabilization shall be qualified to become a SAFE Zone

10 where, based on analysis of concentrated geographic areas,

11 by census tract if possible, that area:

12 (A) contains high gunshot hospitalization and

13 mortality per capita; and

14 (B) contains a high rate of returning citizens

15 following incarceration at the Department of

16 Corrections.

17 The Authority shall send to the Legislative Audit Commission

18 and make publicly available its analysis and development of the

19 SAFE Zones and shall reevaluate and re-designate SAFE Zones

20 every 4 years.

21 (b) Prioritization of spending in SAFE Zones shall be as

22 follows:

23 (1) In the first full fiscal year after the effective

24 date of this amendatory Act of the 101st General Assembly,

25 the Department of Human Services, Department of Public

26 Health, Department of Juvenile Justice, Illinois Criminal

HB1643

- 4 -

LRB101 08615 SLF 53694 b

1 Justice Information Authority, Department of Commerce and

2 Economic Opportunity, Department of Healthcare and Family

3 Services, to the extent permitted by federal law, and other

4 relevant State agencies as designated by the Governor and

5 the Safe and Full Employment Coordinating Board as defined

6 in Section 7.3-2 shall give first priority, within the

7 agency granting authority, to programs providing services

8 that are effective in violence reduction and trauma

9 recovery for SAFE Zones. Federal, State, and local spending

10 on job creation, housing, employment training, child care,

11 healthcare and services to combat community disinvestment

12 that breeds violence shall be prioritized in SAFE Zones.

13 The Governor shall include and outline SAFE Zone spending

14 in his or her annual State budget submitted under Section

15 50-5 of the State Budget Law.

16 (2) For the first 2 fiscal years after the effective

17 date of this amendatory Act of the 101st General Assembly,

18 the goal for funding is no less than 5% if otherwise

19 permitted under federal law. Beginning the third fiscal

20 year after the effective date of this amendatory Act of the

21 101st General Assembly, and every fiscal year thereafter,

22 the prioritization to SAFE Zones shall be no less than 5%

23 if otherwise permitted under federal law. The

24 prioritization to SAFE Zones shall in no case be more than

25 20% of current programmatic funding if otherwise permitted

26 under federal law.

HB1643

- 5 -

LRB101 08615 SLF 53694 b

1 (c) The Authority may adopt rules to implement the SAFE

2 Zone provisions under this Act.

3 (20 ILCS 3930/7.3-2 new)

4 Sec. 7.3-2. Safe and Full Employment Coordinating Board.

5 (a) In this Section, "public health approach" means

6 addressing violence and violence prevention by treating the

7 individual and community symptoms and causes of violence

8 through rigorously researched methods. Treatment shall include

9 multi-tiered and interdisciplinary approaches involving

10 stakeholders from diverse sectors, including the people

11 impacted by violence, public agencies, and community-based

12 organizations.

13 (a-5) There is created a Safe and Full Employment

14 Coordinating Board. The Board shall be composed of the

15 following members:

16 (1) the Governor, or his or her designee, who shall

17 serve as chair;

18 (2) the Director of Corrections, or his or her

19 designee;

20 (3) the Director of Revenue, or his or her designee;

21 (4) the Director of Juvenile Justice, or his or her

22 designee;

23 (5) the Director of Healthcare and Family Services, or

24 his or her designee;

25 (6) the Secretary of Human Services, or his or her

HB1643

- 6 -

LRB101 08615 SLF 53694 b

1 designee;

2 (7) the Director of Public Health, or his or her

3 designee;

4 (8) the Director of Commerce and Economic Opportunity,

5 or his or her designee;

6 (9) the Director of Employment Security, or his or her

7 designee;

8 (10) the Director of State Police, or his or her

9 designee;

10 (11) the Director of the Governor's Office of

11 Management and Budget, or his or her designee;

12 (12) the Director of the Illinois Criminal Justice

13 Information Authority, or his or her designee;

14 (13) the Attorney General, or his or her designee;

15 (14) a member of the Senate, designated by the

16 President of the Senate;

17 (15) a member of the House of Representatives,

18 designated by the Speaker of the House of Representatives;

19 (16) a member of the Senate, designated by the Minority

20 Leader of the Senate; and

21 (17) a member of the House of Representatives,

22 designated by the Minority Leader of the House of

23 Representatives.

24 (b) Within 30 days after SAFE Zones have been designated,

25 the following shall be added as members of the Board:

26 (1) the highest elected public officials of all

HB1643

- 7 -

LRB101 08615 SLF 53694 b

1 counties and municipal geographic jurisdictions in the

2 State which include a SAFE Zone;

3 (2) 6 providers from 6 geographically distinct areas of

4 the State, who receive funds to deliver services to treat

5 violence including, but not limited to, services such as

6 job placement and training, educational services, and

7 workforce development programming, appointed by the

8 Secretary of Human Services, in coordination with the

9 Illinois Criminal Justice Information Authority; and

10 (3) 2 persons who, within 24 months prior to being

11 designated, have received services from the providers

12 designated in paragraph (2) of this subsection (b), as

13 designated by those service providers.

14 (c) The Board shall meet quarterly and be staffed by the

15 Governor's Office of Management and Budget. Within 4 months

16 after the effective date of this amendatory Act of the 101st

17 General Assembly, the Board shall develop and implement a plan

18 for designating SAFE Zones under Section 7.3 and the selection

19 process for Local Economic Growth Councils under Section 7.3-5.

20 Within 4 months from the date the last Council plan is

21 submitted and approved, the Board shall issue a statewide plan

22 to implement the re-prioritization of funding under subsection

23 (b) of Section 7.3. The plan shall follow a public health

24 approach.

25 (d) The Board shall deliver an annual report to the General

26 Assembly and to the Governor and be posted on Governor's Office

HB1643

- 8 -

LRB101 08615 SLF 53694 b

1 and General Assembly's websites and provide to the public an

2 annual report on its progress.

3 (e) The Board shall monitor and collect data on

4 intermediate and long-term positive outcome measures for its

5 statewide plan and include that information in the annual

6 report to the General Assembly, Governor, and the public

7 beginning on December 31, 2020.

8 (f) There shall be a formal evaluation of the SAFE Zone Act

9 implementation and outcomes every 4 years conducted by a public

10 university selected by the Safe and Full Employment

11 Coordinating Board. The evaluation shall reflect the outcomes

12 incorporated and measured in each Council plan and also

13 statewide positive outcomes to be measured for at least 4

14 years. The report shall be sent to the Governor and the General

15 Assembly and be posted on each website.

16 (g) The Board is subject to the Freedom of Information Act

17 and the Open Meetings Act.

18 (20 ILCS 3930/7.3-5 new)

19 Sec. 7.3-5. SAFE Zone Local Economic Growth Councils.

20 (a) The design of programs and budget requirements in SAFE

21 Zones shall be developed by Local Economic Growth Councils.

22 Each Local Economic Growth Council shall be supported by

23 technical assistance provided by the State agencies mandated to

24 provide services under Sections 7.3 and 7.3-2 and by the

25 Governor's Office of Management and Budget.

HB1643

- 9 -

LRB101 08615 SLF 53694 b

1 (b) The process for the selection of members of the Local

2 Economic Growth Councils shall be designed by the SAFE

3 Coordinating Board, to permit maximum community participation

4 and to result in Councils comprised of residents of the

5 community who reflect the assets and strengths of the SAFE

6 Zone.

7 (c) Each Local Economic Growth Council shall be established

8 within 4 months of the effective date of this amendatory Act of

9 the 101st General Assembly and be composed of a minimum of 20

10 members and no more than 25 members as representatives who live

11 within the SAFE Zone.

12 (d) Within 6 months after being established, each Local

13 Economic Growth Council shall establish a 2-year plan and

14 budget to address violence, reduce inappropriate

15 incarceration, and expand economic opportunity within the SAFE

16 Zone. The plan shall follow a public health approach and shall

17 include positive outcome measures for persons benefiting from

18 SAFE Zone investments, community asset outcomes, and include

19 ways to track those outcomes over at least 4 years. That plan

20 shall be reviewed and approved, or amended after agreement

21 between the Local Economic Growth Council and the Safe and Full

22 Employment Coordinating Board.

23 (e) Each Local Economic Growth Council is subject to the

24 Freedom of Information Act and the Open Meetings Act.

25 Section 20. The Unified Code of Corrections is amended by

HB1643

- 10 -

LRB101 08615 SLF 53694 b

1 changing Section 5-6-3.6 as follows:

2 (730 ILCS 5/5-6-3.6)

3 (Section scheduled to be repealed on January 1, 2023)

4 Sec. 5-6-3.6. First Time Weapon Offender Program.

5 (a) The General Assembly has sought to promote public

6 safety, reduce recidivism, and conserve valuable resources of

7 the criminal justice system through the creation of diversion

8 programs for non-violent offenders. This amendatory Act of the

9 100th General Assembly establishes a pilot program for

10 first-time, non-violent offenders charged with certain weapons

11 offenses. The General Assembly recognizes some persons,

12 particularly young adults in areas of high crime or poverty,

13 may have experienced trauma that contributes to poor decision

14 making skills, and the creation of a diversionary program poses

15 a greater benefit to the community and the person than

16 incarceration. Under this program, a court, with the consent of

17 the defendant and the State's Attorney, may sentence a

18 defendant charged with an unlawful use of weapons offense under

19 Section 24-1 of the Criminal Code of 2012 or aggravated

20 unlawful use of a weapon offense under Section 24-1.6 of the

21 Criminal Code of 2012, if punishable as a Class 4 felony or

22 lower, to a First Time Weapon Offender Program.

23 (b) A defendant is not eligible for this Program if:

24 (1) the offense was committed during the commission of

25 a violent offense as defined in subsection (h) of this

HB1643

- 11 -

LRB101 08615 SLF 53694 b

1 Section;

2 (2) he or she has previously been convicted or placed

3 on probation or conditional discharge for any violent

4 offense under the laws of this State, the laws of any other

5 state, or the laws of the United States;

6 (3) he or she had a prior successful completion of the

7 First Time Weapon Offender Program under this Section;

8 (4) he or she has previously been adjudicated a

9 delinquent minor for the commission of a violent offense;

10 (5) he or she is 21 years of age or older; or

11 (6) he or she has an existing order of protection

12 issued against him or her.

13 (b-5) In considering whether a defendant shall be sentenced

14 to the First Time Weapon Offender Program, the court shall

15 consider the following:

16 (1) the age, immaturity, or limited mental capacity of

17 the defendant;

18 (2) the nature and circumstances of the offense;

19 (3) whether participation in the Program is in the

20 interest of the defendant's rehabilitation, including any

21 employment or involvement in community, educational,

22 training, or vocational programs;

23 (4) whether the defendant suffers from trauma, as

24 supported by documentation or evaluation by a licensed

25 professional; and

26 (5) the potential risk to public safety.

HB1643

- 12 -

LRB101 08615 SLF 53694 b

1 (c) For an offense committed on or after the effective date

2 of this amendatory Act of the 100th General Assembly and before

3 January 1, 2023, whenever an eligible person pleads guilty to

4 an unlawful use of weapons offense under Section 24-1 of the

5 Criminal Code of 2012 or aggravated unlawful use of a weapon

6 offense under Section 24-1.6 of the Criminal Code of 2012,

7 which is punishable as a Class 4 felony or lower, the court,

8 with the consent of the defendant and the State's Attorney,

9 may, without entering a judgment, sentence the defendant to

10 complete the First Time Weapon Offender Program. When a

11 defendant is placed in the Program, the court shall defer

12 further proceedings in the case until the conclusion of the

13 period or until the filing of a petition alleging violation of

14 a term or condition of the Program. Upon violation of a term or

15 condition of the Program, the court may enter a judgment on its

16 original finding of guilt and proceed as otherwise provided by

17 law. Upon fulfillment of the terms and conditions of the

18 Program, the court shall discharge the person and dismiss the

19 proceedings against the person.

20 (d) The Program shall be at least 18 months and not to

21 exceed 24 months, as determined by the court at the

22 recommendation of the program administrator and the State's

23 Attorney.

24 (e) The conditions of the Program shall be that the

25 defendant:

26 (1) not violate any criminal statute of this State or

HB1643

- 13 -

LRB101 08615 SLF 53694 b

1 any other jurisdiction;

2 (2) refrain from possessing a firearm or other

3 dangerous weapon;

4 (3) obtain or attempt to obtain employment;

5 (4) attend educational courses designed to prepare the

6 defendant for obtaining a high school diploma or to work

7 toward passing high school equivalency testing or to work

8 toward completing a vocational training program;

9 (5) refrain from having in his or her body the presence

10 of any illicit drug prohibited by the Methamphetamine

11 Control and Community Protection Act, the Cannabis Control

12 Act, or the Illinois Controlled Substances Act, unless

13 prescribed by a physician, and submit samples of his or her

14 blood or urine or both for tests to determine the presence

15 of any illicit drug;

16 (6) perform a minimum of 50 hours of community service;

17 (7) attend and participate in any Program activities

18 deemed required by the Program administrator, including

19 but not limited to: counseling sessions, in-person and over

20 the phone check-ins, and educational classes; and

21 (8) pay all fines, assessments, fees, and costs.

22 (f) The Program may, in addition to other conditions,

23 require that the defendant:

24 (1) wear an ankle bracelet with GPS tracking;

25 (2) undergo medical or psychiatric treatment, or

26 treatment or rehabilitation approved by the Department of

HB1643

- 14 -

LRB101 08615 SLF 53694 b

1 Human Services; and

2 (3) attend or reside in a facility established for the

3 instruction or residence of defendants on probation.

4 (g) There may be only one discharge and dismissal under

5 this Section. If a person is convicted of any offense which

6 occurred within 5 years subsequent to a discharge and dismissal

7 under this Section, the discharge and dismissal under this

8 Section shall be admissible in the sentencing proceeding for

9 that conviction as evidence in aggravation.

10 (g-5) The Program shall be implemented by the Safe and Full

11 Employment Coordinating Board established under Section 7.3-2

12 of the Illinois Criminal Justice Information Act.

13 (h) For purposes of this Section, "violent offense" means

14 any offense in which bodily harm was inflicted or force was

15 used against any person or threatened against any person; any

16 offense involving the possession of a firearm or dangerous

17 weapon; any offense involving sexual conduct, sexual

18 penetration, or sexual exploitation; violation of an order of

19 protection, stalking, hate crime, domestic battery, or any

20 offense of domestic violence.

21 (i) This Section is repealed on January 1, 2023.

22 (Source: P.A. 100-3, eff. 1-1-18.)