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Legislative Committee
Minutes From Last Meeting
December 3, 2003
Committee members present included Darrel McGibany, Madison
County; Bill Warnell, 13th Circuit; Tim Shumaker, Edgar County; Mike
Hancox, Adams County; Jim Grundel and Rich Adkins, AOIC; John McCabe,
Governmental Relations; and Mike Shaughnessy, Livingston County.
Special guests for today’s meeting were Scott Summers, Lake
County, Co-Chair of the IPCSA Sex Offender Committee, and Cara Smith and
Jim Reed from the Attorney General Office (OAG).
- SEX OFFENDER MANAGEMENT BOARD (SOMB)
HB 3556 - Sex Offenders. Provides that
a pre-sentence investigation (PSI) may not be waived in cases involving sex
offenders. Provides that the PSI for a sex offender must include an evaluation
that will specifically address issues relating to the sex offense and the
offender’s need for treatment. Provides that recommended treatment must be a
part of any sentence of probation for a sex offender. Increases probation fees
to $35, and provides that the money will be transferred to a state fund to be
used for sex offender treatment costs.
Amendatory Veto language. Governor
returned bill to General Assembly with modifications that address fiscal
pressures by recommending that evaluations and treatment are available only
within the constraint of funds available. The amendatory veto recommended that
the bill be changed in several ways:
- that the evaluation and treatment required by the bill be provided subject
to available funds, including the offender’s ability to pay, moneys available
in the Sex Offender Management Board Fund, and State and county appropriations
for this purpose (rather than at the expense of the offender, based on the
offender’s ability to pay);
- provides that the agency providing supervision may (rather than shall)
request funding (rather than reimbursement) for services from the Fund under
specified circumstances; and
- raises the fee imposed upon an offender as a condition of his or her
probation or conditional discharge to a maximum of $60 with the first $50
going into the probation court services fund account and the last $10 going to
the Sex Offender Management board.
Amendatory Veto was overridden by the legislature.
As HB 3556 passed both Chambers before HB 1457 (raised probation fees to $50) it
is believed it would take precedence. AOIC, OAG and our committee are
investigating that further.
Representative of the OAG indicated that polygraph would not
be mandatory as part of the PSI. They will amend HB 3556 in a "trailer bill"
next year. Ms Smith also indicated they intended to "tweak" parts of the new
statute. They (OAG) will be sending those points to the committee (to John
McCabe).
The framework for resolving the differences between HB 3556
and SB 1457 were discussed. Several possible alternatives were discussed in a
very positive manner. They will be reviewed by all parties.
HB 3555 (held in committee) Lifetime Supervision for
Certain Sexual Offenders. Attorney General convened hearings
in October. There are major cost implications with the highly structured model.
Cara Smith of the OAG indicated they will not be
re-introducing HB 3555 as written, as we "can’t have one size fits all". She
indicated they received major feedback from these regional hearings, including
"horror stories", "a lot about treatment" and "no cure on specific offenders".
Legislation for next session will be conditioned on sex
offender’s risk. Length of supervision would be incremental. Will also be
looking at conditions of supervision and what is ‘workable". They don’t know
what shape this legislation will be taking, but it most likely will be
piecemeal. Jim Reed of the OAG also indicated that a number of legislators would
be introducing their own bills.
Scott Summers was disturbed by what he heard from providers –
they tend to describe all sex offenders equally, like being painted with a broad
brush. There needs to be a framework for both a clinical distinction and a legal
distinction for offenders, according to Ms. Smith of OAG.
In the original draft all persons convicted of felony sex
offenses would be subject to lifetime sentencing. Not all felony cases need
lifetime supervision. According to Scott Summers, in Lake County, out of 289
current offenders, it is estimated that about 20 present significant risk to
require them to be monitored for the rest of their lives.
The courts ascribe a higher level of risk just based on the
offense convicted. Felons are naturally higher risk than misdemeanors. Probation
officers and clinicians know that many misdemeanor offenders with criminal
trespass, stalking, harassment, burglary, public indecency, battery and other
lesser offenses present equally dangerous behaviors, distorted thinking and
deviant fantasies. Rapists tend to end up in this category. The legislation
attempts to address this using the language of "sexually motivated" for both
misdemeanors and felonies which means one or more of the facts of the underlying
offense indicates conduct that is of a sexual nature or that shows an intent to
engage in behavior of a sexual nature."
A suggestion from the discussion, that to enhance public
safety, IDOC should prepare a pre-release report.
- OTHER LEGISLATION
HB 2545 – Redeploy Illinois Program -
Permits pilot projects in which a county or counties may develop an agreement
with the Department of Human Services to reduce the number of juveniles
committed to the Department of Corrections (DOC) and use the savings to
develop local programming for youths who would otherwise have been committed
to DOC. Provides that the county or group of counties shall agree to limit
commitments to 75% of the average level of commitments to DOC over the
preceding three years. Excludes minors adjudicated delinquent for first degree
murder or a class X forcible felony. Creates an interagency oversight board to
develop plans for a pilot Redeploy Illinois program.
Amendatory Veto Language - Governor
returns bill to General Assembly focusing the Juvenile DOC diversion
initiative on funds going into County General Fund instead of originally going
to probation depart.
Amendatory veto did not change substance of bill. The
General Assembly accepted the Governor’s changes to the bill.
DHS will administer an over site Board consisting of IDOC,
DCFS, AOIC, and Juvenile Justice Commission.
- COMMITTEE’S ANNUAL PLAN
Motion by Hancock, second by McGibany to adopt next year’s
annual plan (2003).
- ADJOURN
Next meeting scheduled for January 14, 2004 in Springfield at AOIC-Probation
office. There will be a further meeting to review newly introduced legislation
in Springfield in February 2004
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