Bruce Rauner Governor John Baldwin Acting Director The ois Department of Correct'ons 1301 Concordia D. BUX19277 Springfield, IL 627943277 - (217) 555-2200 TDD. (800) 52541544 SENATE BILL 1722 MAR 1 4 2017 AS AMENDED av SENATE AMENDMENT ifz OFFICEOF Secretary of the Senate CORRECTIONS POPULATION IMPACT: 1,471 DFFENDERS (REDUCTION) FISCAL IMPACT: $61,932,100 (POTENTIAL COST SAVINGS) FISCAL IM PLICATIONS: Senate aill17zz as amended by senate Amendment reduces the penalty for burglary of a vehicle to class 3 from Class 2; raises the minimum sentences for unlawful use of a weapon by a felon (3 year minimum increased to 7 years] and aggravated unlawful use ofa weapon (3 year minimum increased to 6 years); modifies the Cannabis control Act by reducing the protected zone for schools and other locations from 1,000 feet to 500 feet and requires the offense is committed during school huurs; modifies the controlled Substances Act by changing the minimum sentences for larger amounts of class manufacture and delivery to normal class sentencing ranges and higher amounts of class 1 possession by reducing penalties to normal class 1 ranges; requires the Prisoner Review Board to release low risk/needs subieots from mandatory supervised release (MSRJ and limits class x, class 1, and Class 2 MSR terms to 13 months; provides supplemental sentence credits to all offenders eligible 130 days except those who qualify as Sexually Violent Persons; provides programming credits to all offenders eligible for multiple awards except those that previously received programming credit or those previously incarcerated; deletes the Habitual criminal penalty for repeat Class 1 or 2 offenders, excluding selected drug and theft offenses; regarding Withheld Judgment probation for selected drug crimes, allows probation with discharged conviction, once every 4 years, independent of each other, as long as offenders have never been previously convicted of a felony offense (previous withholds are excluded); modifies the offender initiative Program and second chance Probation in a similar way (these require state's attorney consent); and if probation departments find the offender is addicted or Iikely to fail the special withheld judgment probation, the court shall, rather than may, consider drug court, These enhancements would result in a decrease of 1,471 offenders with $61,932,100 in marginal cost savings over the first ten years after enactment. population reductions and fiscaI savings are based on limited data and Department estimates, and the use of discretion when imposing longer sentences for firearms offenses is difficult to predict throughout the state. Therefore, the full population and fiscal impans on the Departmenfi of Senate 1721 as amended by Senate Amendment #2 are unknown. Misslun: TD serve justice in Illinois and increase public safety by promoting posllive change in offender behavior, operating successful reentry programs, and reducing victimization. Senate Bill 1722 as Amended by Senate Amendment #2 Page 2 First, Senate Bill 1722 as amended by Senate Amendment #2 reduces the penalty for burglary of a vehicle to Class 3 from Class 2. In FY16, there were 1,217 admissions for Class 2 burglary with an average sentence of 4.7 years and expected length of stay of 2.3 years. Data indicate that 36% of burglaries are from a vehicle. The average length of stay for Class 3 burglary is 1.6 years. Therefore, there would be 438 offenders admitted to prison for Class 3 burglary of a vehicle, with a length of stay 8 months less than as a Class 2 burglary. As a result, there would be 292 fewer offenders in the prison population, with a reduction in marginal costs of $16,131,000 over ten years. Second, this amended legislation raises the minimum sentences for unlawful use of a weapon by a felon (3 year minimum increased to 7 years and maximum sentence increased to 14 years) after being previously convicted of a qualifying predicate felony ?rearm-related offenses or with other speci?ed convictions, with the court?s discretion. In FY16, there were 553 admissions for Class 2 unlawful use of a weapon by a felon with an average sentence of 4.7 years and expected length of stay of 2.3 years. There are no data available that indicate the percentage of offenders that have previous convictions for these selected ?rearms offenses; however, the Department estimates that, since most offenders carry and occasionally use firearms in the community, at least 75% of offenders sentenced to prison for unlawful use of a weapon by a felon have this history of these firearms offenses. Note that this percentage would be lower if weapons offenses that are committed in conjunction with other crimes such as drug dealing, robberies, assaults, etc. have been plea bargained and do not display as qualifying offenses on criminal history checks. The average length of stay for Class 2 weapons offenses with sentences between 7 and 14 years is 8.4 years, with a length of stay of 4.1 years. Therefore, there would be 415 offenders admitted to prison for Class 2 unlawful use of a weapon by a felon, with a length of stay 1.8 years longer. As a result, there would be 761 additional offenders in the prison population, with a marginal cost increase of $35,844,000 over ten years. In FY16, there were 293 admissions for Class 3 unlawful use of a weapon by a felon with an average sentence of 3.1 years and expected length of stay of 1.5 years. The Department estimates that at least 75% of offenders sentenced to prison for unlawful use of a weapon by a felon have this history of firearm offenses. The average length of stay for Class 3 weapons offenses with sentences between 7 and 14 years is 8.1 years, with a length of stay of 4.0 years. Therefore, there would be 220 offenders admitted to prison for Class 3 unlawful use of a weapon by a felon, with a length of stay 2.5 years longer. As a result, there would be 550 additional offenders in the prison population, with a marginal cost increase of $27,712,300 over ten years. Third, this amended legislation raises the minimum sentences for aggravated unlawful use of a weapon by a felon (3 year minimum increased to 6 years and maximum sentence of 7 years) after being previously convicted of a qualifying predicate felony firearm-related offenses or with other speci?ed convictions, with the court?s discretion. In FY16, there were 15 admissions for Class 2 aggravated unlawful use of a weapon by a felon with an average sentence of 3.5 years and expected length of stay of 1.7 years. Senate Bill 1722 as Amended by Senate Amendment #2 Page 3 The Department estimates that at least 75% of offenders sentenced to prison for aggravated unlawful use of a weapon by a felon have this history of firearm offenses. The average length of stay for Class 2 weapons offenses with sentences between 6 and 7 years is 6.5 years, with a length of stay of 3.2 years. Therefore, there would be 11 offenders admitted to prison for Class 2 aggravated unlawful use of a weapon by a felon, with a length of stay 1.5 years longer. As a result, there would be 17 additional offenders in the prison population, with a marginal cost increase of$857,200 over ten years. However, judges are provided with discretion from these guidelines when deciding whether to depart from the sentencing guidelines for reasons such as the age, immaturity, or limited mental capacity of the defendant at the time of commission of the qualifying predicate or current offense; the nature and circumstances of the qualifying predicate offense; the time elapsed since the qualifying predicate offense; the nature and circumstances of the current offense; the defendant's prior criminal history; whether the defendant committed the qualifying predicate or current offense under specific and credible duress, coercion, threat, or compulsion. Use of this discretion is dif?cult to predict throughout the state. Therefore, the full population and ?scal impacts of these enhancements on the Department are unknown. Note: Under Senate Bill 1722 as amended by Senate Amendment the penalty for unlawful use of a weapon increases to a 7-14 year range while the penalty for aggravated unlawful use of a weapon, a more serious crime, has a range of only 6-7 years. Fourth, Senate Bill 1722 as amended by Senate Amendment #2 modifies the Cannabis Control Act by reducing the protected zone for schools from 1,000 feet to 500 feet and requires the offense is committed during school hours or when people are reasonably expected to be present. In FY16, there were 54 admissions for these violations, mostly Class 4 offenses, with an average sentence of 1.5 years and expected length of stay of 8 months. There are no data available that indicate the percentage of offenders who deliver cannabis while school is in session and the distances from the school in which these sales take place. The Department estimates that, since most offenders will sell cannabis while buyers are in or on their way to or from school on weekdays, at least 75% of offenders sentenced to prison for unlawful sale or deliver of cannabis will be to children when school is in session. However, with the distance decreased to cover areas further away from schools, the Department estimates that 25% fewer sales would take place. Therefore, there would be 17 offenders who would be sentenced to a misdemeanor or lower class felony, and not admitted to prison under this amended legislation. With a length of stay 8 months, there would be 11 fewer offenders in the prison population, with a reduction in marginal costs of $725,900 over ten years. Fifth, Senate Bill 1722 as amended by Senate Amendment #2 modi?es the Controlled Substances Act by changing the minimum sentences for larger amounts of Class manufacture and delivery of a controlled or counterfeit substance to lower Class sentencing ranges and reduces the sentence credit limitation for selected offenses from 75% of sentence served to 60%. Senate Bill 1722 as Amended by Senate Amendment #2 Page 4 Reduces the penalties for manufacture or delivery of 100-400 grams of heroin, cocaine and other controlled substances from 9-40 years to 6-30 years with up to 60% of sentence to be served. In FY16, there were 31 admissions for these Class offenses with an average sentence of 10.8 years and, with 75% of the sentence to be served, the expected length of stay is of 8.1 years. The average length of stay for Class drug offenses with sentences between 6 and 30 years with 60% of the sentence served is 5.4 years. As a result, there would be 83 fewer offenders in the prison population, with a reduction in marginal costs of $2,002,100 over ten years. Reduces the penalties for manufacture or delivery of 400-900 grams of heroin, cocaine and other controlled substances from 12-50 years to 6-40 years with up to 60% of sentence to be served. In FY16, there were 18 admissions for these Class offenses with an average sentence of 12.8 years and, with 75% of the sentence to be served, the expected length of stay is of 9.6 years. The average length of stay for Class drug offenses with sentences between 6 and 40 years with 60% of the sentence served is 5.4 years. As a result, there would be 75 fewer offenders in the prison population, with a reduction in marginal costs of $1,441,100 over ten years. Reduces the penalties for manufacture or delivery of 900 or more grams of heroin, cocaine and other controlled substances from 15-60 years to 6?50 years with up to 60% of sentence to be served. In FY16, there were 3 admissions for these Class offenses with an average sentence of 15.7 years and, with 75% of the sentence to be served, the expected length of stay is of 11.8 years. The average length of stay for Class drug offenses with sentences between 6 and 50 years with 60% of the sentence served is 5.4 years. As a result, there would be 14 fewer offenders in the prison population, with a reduction in marginal costs of $248,200 over ten years. Reduces the penalties for Class manufacture or delivery of 100 or more grams of LSD and specified other controlled substances with up to 60% of sentence to be served. In FY16, there were 10 admissions for these Class offenses with an average sentence of 7.7 years and, with 75% of the sentence to be served, the expected length of stay is of 5.8 years. The average length of stay for Class drug offenses with sentences between 6 and 30 years with 60% of the sentence served is 5.4 years. As a result, there would be 3 fewer offenders in the prison population, with a reduction in marginal costs of $106,800 over ten years. Sixth, Senate Bill 1722 as amended by Senate Amendment #2 modi?es the Controlled Substances Act by changing the minimum sentences for larger amounts of Class 1 possession of a controlled or counterfeit substance to lower Class 1 sentencing ranges and lower classes of offenses. Reduces the penalties for and lowers the upper limits for possession of 15-100 grams of heroin, cocaine and other controlled substances from Class 1 to Class 3 felonies with an upper limit of 50 grams (50 to 100 rams would be a Class 2 felony). In FY16, there were 98 admissions for these Class 1 offenses with an average sentence of 5.5 years with the expected length of stay is of 2.7 years. The average length of stay for Class 3 possession of a controlled substance offenses is 1.4 years. With the upper limit change, the Department estimates 25% of the offenses would be Class 2 felonies under this enhancement. As a result, there would be 100 fewer offenders in the prison population, with a reduction in marginal costs of $5,444,300 over ten years. Senate Bill 1722 as Amended by Senate Amendment #2 Page 5 Reduces the penalties for and lowers the upper limits for possession of 100-400 grams of heroin, cocaine and other controlled substances from Class 1 to Class 2 felonies with an lower limit of 50 grams. in FY16, there were 11 admissions for these Class 1 offenses with an average sentence of 7.9 years with the expected length of stay is of 3.9 years. The average length of stay for Class 2 possession of a controlled substance offenses is 2.1 years. With the upper limit change including the inclusion of 25 offenders above, there would be 61 fewer offenders in the prison population, with a reduction in marginal costs of$2,951,600 over ten years. Reduces the Class 1 penalties for possession of higher amounts of heroin, cocaine and other controlled substances from 8-40 year and above Class 1 sentencing ranges to Class 1 sentences between 4 and 15 years. In FY16, there were 7 admissions for these Class 1 offenses with an average sentence of 8.7 years with the expected length of stay is of 4.3 years. The average length of stay for Class 1 possession of a controlled substance offenses is 2.9 years. As a result, there would be 10 fewer offenders in the prison population, with a reduction in marginal costs of $440,900 over ten years. Reduces the Class 1 penalties for possession of LSD and speci?ed other controlled substances with up to 60% of sentence to be served higher amounts of heroin, cocaine and other controlled substances from 8-40 year and above Class 1 sentencing ranges to Class 1 sentences between 4 and 15 years. In FY16, there were 18 admissions for these Class 1 offenses with an average sentence of 5.2 years with the expected length of stay is of 2.5 years. The average length of stay for Class 1 possession of a controlled substance offenses is 2.9 years. As a result, there would be no population or fiscal impact on the Department. Reduces the protected zone for schools, places of worship and other locations from 1,000 feet to 500 feet and requires the offense is committed during school hours or when people are expected to be present. In FY16, there were 100 admissions for these violations of the Controlled Substances Act or the Methamphetamine Control and Community Protection Act, with an average sentence of 8.2 years and expected length of stay of 4.0 years. There are no data available that indicate the percentage of offenders who deliver controlled substances while school, places of worship and other locations are in session and the distances from the locations in which these sales take place. The Department estimates that, since most offenders will sell drugs while buyers are in or on their way to or from these locations, at least 75% of offenders sentenced to prison for unlawful sale or deliver of controlled substances will be to persons when people are in the area. However, with the distance decreased to cover areas further away from schools, the Department estimates that 25% fewer sales would take place. Therefore, there would be 56 offenders who would be sentenced to a lower class felony, with a shorter length of stay. With an average length of stay 1.5 years less, there would be 79 fewer offenders in the prison population, with a reduction in marginal costs of $4,274,300 over ten years. Senate Bill 1722 as Amended by Senate Amendment #2 Page 6 Seventh, this amended legislation requires the Prisoner Review Board to release low risk/needs subjects from MSR as determined by an appropriate evidence-based risk and need assessment. The Department currently submits these types of individuals to the Prisoner Review Board and they approve probably 85% to 90% of submissions. The parole risk assessment includes factors that parole staff are already using for those submissions. Therefore, there is no corrections population or ?scal impact on the Department. Eighth, this amended legislation reduces the MSR terms for released Class offenders from 3 years to 18 months, and Class 1 and Class 2 MSR terms to 18 months. Reducing the time released offenders would spend under supervision in the community would have two main impacts on the Department. First, it would reduce the number of released offenders who would be returned to prison for a technical violation. Of the 960 Class readmissions for offenders released in FY13, 232 returned to prison after 18 months in the community. Half were for a new felony conviction and would be returned to prison after sentencing, but 116 would be technical violators that would not be returned under this enhancement. These offenders would have served 6 months in prison for a technical violation. If 116 fewer offenders admitted per year would not serve the 6?month technical violation term, there would be a reduction in the prison population of 58 offenders. The Department would save $3,714,900 in marginal costs over 10 years. Of the 1,997 Class 1 and 3,559 Class 2 readmissions for offenders released in FY13, 1,146 returned to prison after 18 months in the community. Half were for a new felony conviction and would be returned to prison after sentencing, but 573 would be technical violators that would not be returned under this enhancement. These offenders would have served and average of 3 months in prison for a technical violation before they would be discharged from prison. If 573 fewer offenders admitted per year would not serve the 3-month technical violation term, there would be a reduction in the prison population of 143 offenders. The Department would save $9,175,200 in marginal costs over 10 years. Second, reducing MSR terms would reduce the current parole agent caseloads. This would allow parole agents to refocus resources on high-risk, violent and serious offenders. Next, this amended legislation would deletes the habitual criminal penalty for repeat Class 1 or Class 2 offenders who have been convicted of Class 2 or greater felonies for manufacture, delivery or possession of a controlled substance or cannabis, and theft. Department data do not easily identify these offenders, but estimates were made based on known percentages of prior convictions and offense class admissions. There were an estimated 1,100 offenders admitted during FY16 for Class 2 offenses that would have prior Class 1 and Class 2 convictions. As Class offenders, they would have an average sentence of 12.3 years, with an expected length of stay of 6.1 years. Data indicate that 7.0% of offenders admitted to prison are under the age of 21, and 27% of prior offenses would be for manufacture, delivery or possession of a controlled substance or cannabis, and theft. Under this enhancement, they have an average sentence of 4.5 years with an expected length of stay of 2.1 years. Reducing the number of offenders sentenced to prison each year for 276 Class 2 offenses would result in a corrections population reduction of 1,081 offenders over ten years with associated potential marginal cost savings of $44,194,500. There were an estimated 625 offenders admitted during FY16 for Class 1 offenses that would have prior Class 1 and Class 2 convictions. As Class offenders, they would have an average sentence of 12.3 years, with an expected length of stay of 6.1 years. Data indicate that 7.0% of offenders admitted to prison are under the age of 21, and 27% of prior offenses would be for manufacture, delivery or possession of a controlled substance or cannabis, and theft. Under this enhancement, they have an average sentence of 6.3 years with an expected length of stay of 3.1 years. Reducing the number of offenders sentenced to prison each year for 157 Class 1 offenses would result in a corrections population reduction of 471 offenders over ten years with associated potential marginal cost savings of $17,849,100. Tenth, Senate Bill 1722 as amended by Senate Amendment #2 amends the Offender Initiative Program, in which would accept offenders convicted of probationable property and drug felonies, with consent of defendant and state?s attorney. This amended legislation also amends the Second Chance Probation, allowing offenders convicted of probationable property and drug felonies, including convictions for low weights of controlled substances and methamphetamine and any probationable cannabis offensse, with consent of defendant and state?s attorney. For both programs, participation is permitted as long as offenders have not been previously convicted of a felony and they no longer include probation or conditional discharge as prohibitive. This legislation also removes the prohibition on DUI offenders? participation, and allows participation in this program once every 4 years. However, if the probation department thinks the offender has an addiction and is unlikely to succeed, the court shall, rather than may, consider drug court. These provisions may result in a decrease in the number of felony cases that could be sentenced to a term of imprisonment. Specific information on the additional number of offenders who would participate in these diversion programs is not available in order to make an objective determination regarding how many offenders would not receive a prison sentence. Thus, an accurate estimate of the impact on the prison population cannot be determined. Eleventh, Regarding Withheld Judgment Probation, this amended legislation removes "placed on probation or court supervision? whenever a person who has not previously been convicted of, and then adds any felony, offense under the Methamphetamine Control and Community Protection Act, the Controlled Substances Act, the Cannabis Control Act, or any similar law in the country, and then pleads guilty to or is found guilty of possession of less than specified amounts of controlled substances, cannabis or methamphetamine. The court, without entering a judgment and with the consent of the person, may sentence him or her to probation. Also, a person may not have more than one discharge and dismissal under this Section within a 4?year period. Under this provision, more offenders could get probation and, once the probation is ?nished successfully, the offender can get a discharge without judgment of conviction. The offender can only have one discharge under this provision in 4?year period. The added language, however, only applies as long as the offender does not have a felony conviction. Senate Bill 1722 as Amended by Senate Amendment #2 Page 8 These provisions may result in a decrease in the number of felony cases that could be sentenced to a term of imprisonment. Specific information on the additional number of offenders who would benefit from these allowances is not available in order to make an objective determination regarding how many offenders would not receive a prison sentence. Thus, an accurate estimate of the impact on the prison population cannot be determined. However, because the bene?ts do not apply to felony convictions, there would be minimal population and fiscal impacts on the Department. Next, Senate Bill 1722 as amended by Senate Amendment #2 provides supplemental sentence credits to all offenders eligible for up to 180 days except those offenders who qualify as Sexually Violent Persons. Eligibility for the sentence credit would be based on current Department discretion policies. Qualified offenders would serve 54 fewer days in prison as a result of this enhancement. Class offenders: Reduction of time served for 48 admissions each year with average sentence of 8.8 years and expected length of stay of 4.3 years reduced to 4.1 years. Results in a corrections population reduction of 8 offenders over ten years with potential marginal cost savings of $307,400. Class 1 offenders: Reduction of time served for 661 admissions each year with average sentence of 5.6 years and expected length of stay of 2.7 years reduced to 2.5 years. Results in a corrections population reduction of 110 offenders over ten years with potential marginal cost savings of $5,644,900. Class 2 offenders: Reduction of time served for 233 admissions each year with average sentence of 4.1 years and expected length of stay of 2.0 years reduced to 22 months. Results in a corrections population reduction of 39 offenders over ten years with potential marginal cost savings of $2,114,200. Class 3 offenders: Reduction of time served for 319 admissions each year with average sentence of 2.5 years and expected length of stay of 14 months reduced to 12 months. Results in a corrections population reduction of 53 offenders over ten years with potential marginal cost savings of $3,064,800. Class 4 offenders: Reduction of time served for 299 DUI and aggravated DUI admissions each year with average sentence of 1.6 years and expected length of stay of 8 months reduced to 6 months. Results in a corrections population reduction of 50 offenders over ten years with potential marginal cost savings of $3,191,800. Finally, Senate Bill 1722 as amended by Senate Amendment #2 provides programming credits to all offenders eligible for multiple awards except those that previously received programming credit or those previously incarcerated. Senate B'ill1722 as Amended by Senate Amendment #2 Page 9 Under the current statute, there were 3,204 offenders released in who received at least 1 day of programming credit. This represented 11.5% of all releases. The average number of days awarded for credit was 33 days. Under this enhancement, 3,041 offenders would be eligible based on offense. Given the proportion awarded in ms, an estimated additional 35o offenders would receive programming credit under this amended legislation, The average sentence imposed for offenses other than first degree murder in FY16 was 4.0 years. Their expected length of stay would be 2.0 years. If these 350 offenders would have their sentences reduced by 83 days, there would be a decrease in the corrections population of 53 offenders over ten years with potential marginal cost sayings 083,352,600. Therefore, the total impact of Senate Bill 1722 as amended by Senate Amendment #2 would be a decrease of 1,471 offenders with $51,932,100 in marginal cost savings over the first ten years after enactment. Population reductions and fiscal savings are based on limited data and Department estimates, and the use ofdiscretion when imposing longer sentences for firearms offenses is difficult to predict throughout the state. Therefore, the full population and fiscal impacts on the Department of Senate Ell|1722 as amended by Senate Amendment 3'12 are unknown. Michael R. Lane