Capital Report June 2005

Capital Report

  MINUTES

1. Raising age of juvenile from 16 to 17 - This will continue to be an issue being discussed and proposed by Betsy Clark and the Juvenile Justice Initiative. There still is no indication of how the proposed changes could be paid for. This legislation will undoubtedly be reintroduced in the spring session.

2. IMRF improved retirement formula - discussed, suggested to remove the language that would make participation optional by the counties and to work with the unions.

3. Sex offenders and probation issues - John McCabe briefed the committee on a hearing to discuss sex offender issues. John had handouts of the agenda and presented information on several of the proposed directions for future sex offender legislation. One of the key concepts discussed was looking at sex offenders from a risk management point of view, creating a tiered system of sex offender supervision based upon assessments.

1. Clarify to the members PA 94-0988 (HB 4222) - does not require electronic monitoring for sex offenders on probation.

2. Clarify Drug Court fees ($5 or $10) - both bills passed, appears that either amount might be applicable to support drug courts.

3. HB 2067 which the Governor vetoed.  Juvenile sex offender registration bill upon reaching the age 17. The veto could be overridden in the fall session, but may have to wait to the spring session to be addressed.

4. Expand the statutory provision to allow counties to charge a

collection/processing fee for the collection of DNA.

5. Intrastate Issue - Cheryl Barrett indicated that the AOIC will be promulgating new rules to address the issues that have been addressed by the statewide committee.

6. Interstate Issue - Juvenile Interstate bill was held in House Rules committee. It may be able to be moved this fall in the veto session, after the election.

7. Truancy - PA 94-1011 effective 7/7/2006. Creates additional procedures and ability to add local fines up to $100, prior to being taken to juvenile court.

8. Other - Rich Adkins mentioned the CLEAR Initiative, which is studying, and will recommend changes to the Criminal code as well as sentencing. A description of the initiative can be found at "clearinitiative.org”. John McCabe stated that this rewrite should be a little easier to digest than the rewrite of the Juvenile Court Act.

9. Adjournment

Next meeting is scheduled for 10:45 a.m., October 18 in Peoria (Holiday Inn City Centre) at the IPCSA Fall Conference (in conjunction with CMO meeting).

Respectfully submitted,

Michael J Shaughnessy, Chair.

Legislative Summary

Probation and Community Safety Legislation

9/21/2006

House Bills

2067   Juvenile Sex offender registration - changes requirement from an automatic registration as a sex offender upon reaching the age of 17, to the court shall determine at sentencing whether to order sex offender registration for an adjudicated delinquent who committed a sex offense. Establishes standard of proof for ordering registration as a preponderance of the evidence. Allows for an adjudicated juvenile delinquent to request a hearing regarding the status of sex offender registration. 

7/3/2006 Governor Vetoed

4222   Amends the Criminal Identification Act and the Sex Offender Registration Act. Is  mainly concerned with electronic monitoring of sexual predators by the IDOC.  The three Senate amendments were added and passed with the original text of the bill. PA 94-0988 effective 1/1/2007

4298   Creates an Interstate Sex Offender Task Force to study sex offender registration and conditions of border states of Illinois.

PA 94-0989 effective 7/3/2006

4375   Provides for the State Police to receive employment information from the

Department of Employment Security on all persons who are required to register as a sex offender. PA 94-0911 effective 6/23/2006

4398   This was the vehicle bill for introducing the language for the Juvenile Interstate compact, done in the Senate with Senate Amendment 1. Passed the Senate on a 58 - 0 vote. The bill was held in the House Rules Committee in the House and did not pass. The House wanted to study the bill a bit further, and will be up for review in the fall. If it does not pass in the fall, the bill will need to be reintroduced in next spring’s legislative session. - Rules committee

4527   Provides that the $10 fee that a county may impose on each defendant on a

Judgment of guilty or a grant of supervision may be used to finance the county  drug court, as well as the county mental health court (currently provided for) or both. PA 94-0862 effective 6/16/2006

4785   Deletes the requirement for probation officers to provide a PSI to nursing homes. Probation officers still must notify nursing homes of terms of probation, the case plan information and contact information for the probation officer. PA 94-0752 effective 5/10/2006

5249   Additional conditions for child sex offenders being near a day care facility. PA 94-0925 effective 6/26/2006

Senate Bills

458  Attempted to change the upper age of juveniles. Did not pass. Several attempts to add amendments in the House to phase in the age also failed. This is currently the most controversial bill for probation and court services. Held in rules.

1145  Provides additional funding for the Redeploy Illinois Program. 

PA 94-1032 effective 1/1/2007

1520  This is the state budget. PA 94-0798 effective 7/1/2006

2197  Juvenile court truant minors, requires the regional office of education to take actions prior to bringing the juvenile to court. The bill also allows counties and municipalities may impose a graduated fine schedule not to exceed $100.   PA 94-1011 effective 7/7/2006

2272  Provides that a county may impose up to a $5 fee on each defendant on a

            Judgment of guilty or a grant of supervision to fund the operation and

            Administration of a drug court. PA 94-0980 effective 6/30/2006

2915  Creates the Methamphetamine Manufacturer Registry Act. Provides for the State Police to maintain a database and post the information on the Internet. PA 94-0831 effective 6/5/2006 

2985  DNA testing report issued by the State Police each year to detail all DNA tests awaiting processing by their labs. PA 94-1018 1/1/2007

3016  Adds additional sex offender registration requirements and information collected. PA 94-0994 effective 1/1/2007

3018  Creates an offense of sexual misconduct with a person with a disability.

            PA 94-1053 effective 7/24/2006