Rep. Will Guzzardi

Amends the Public Defender and Appointed Counsel Division of the Counties Code. Creates the Public Defender Quality Defense Task Force. Provides that the Task Force is established to: (i) examine the current caseload and determine the optimal caseload for public defenders in the State; (ii) examine the quality of legal services being offered to defendants by public defenders of the State; and (iii) make recommendations to improve the caseload of public defenders and quality of legal services offered by public defenders. Provides that the Task Force shall hold a minimum of 2 public hearings and at other times of its choosing. Provides that the Task Force shall prepare a report that summarizes its work and makes recommendations resulting from its study to the General Assembly and Governor no later than December 31, 2020. Repeals the provisions on December 31, 2021. Effective immediately. Fiscal Note (Office of the State Appellate Defender) If the only responsibility to the Agency would be to provide space for meetings, the cost would be minimal because meetings could be held in our Chicago or Springfield office. If the Agency was responsible for administrative costs, travel reimbursement for board members, preparation of meeting materials or research and analysis, the cost could be significantly more. House Floor Amendment No. 1 Removes a requirement that the Governor appoint at least one Task Force member from the Legal Resources Division of the Office of the Cook County Public Defender. Provides that the Governor shall appoint 5 (rather than 3) public defenders or assistant public defenders to the Task Force from 5 (rather than 3) counties other than Cook County.

Amends the Sexual Assault Evidence Submission Act. Provides that the State Police shall by rule establish a sexual assault evidence tracking system that conforms to the recommendations made by the Sexual Assault Evidence Tracking and Reporting Commission in its report dated June 26, 2018. Provides that the Department of State Police shall design the criteria for the sexual assault evidence tracking system so that, to the extent reasonably possible, the system can use existing technologies and products. Provides that the sexual assault evidence tracking system shall be operational no later than than one year after the effective date of the amendatory Act. Provides that a treatment hospital, a treatment hospital with approved pediatric transfer, an out-of-state hospital approved by the Department of Public Health to receive transfers of Illinois sexual assault survivors, or an approved pediatric health care facility must comply with rules relating to the collection and tracking of sexual assault evidence adopted by the Department of State Police. Provides for the operations of the sexual assault tracking system to be funded by appropriations from the State Crime Laboratory Fund, together with asset forfeiture and other funds appropriated by the General Assembly. Authorizes emergency rulemaking. Exempts information in the sexual assault evidence tracking system from disclosure under the Freedom of Information Act. Amends the Illinois Administrative Procedure Act, the Freedom of Information Act, the Sexual Assault Survivors Emergency Treatment Act, and the Unified Code of Corrections to make conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Adds requirements and recommendations of the report created by the Sexual Assault Evidence Tracking and Reporting Commission issued on June 26, 2018 for implementation of the sexual assault evidence tracking system. Effective immediately.

Commends Dr. Steven B. Nasatir on his more than four decades of leadership and service within the Chicago Jewish community, where he has always acted with great care and integrity, following the principle of Kol Yisrael arevim zeh l'zeh - we take care of each other.

Commends Dr. Steven B. Nasatir on his more than four decades of leadership and service within the Chicago Jewish community.

Amends the Unified Code of Corrections. Provides that a committed person who is at least 50 years of age and who has served at least 30 consecutive years of imprisonment in a Department of Corrections institution or facility may petition the Department for participation in the Pathway to Community Program, which is a 5-year pilot program within the Department of Corrections. Provides that a maximum of 15 males and a maximum of 15 females may be selected for the Program. Excludes from the Program persons convicted of first degree murder of a peace officer or firefighter and sexual predators. Establishes eligibility requirements for the Program. Provides that before a participant is selected for the Program, the petitioner shall successfully complete an atonement and restorative justice program prepared by the Department. Following completion of this program of atonement and restorative justice, the Department shall notify the victim and the family members of the victim of the petitioner's offense and to afford them the opportunity to participate in the Department's final selection process for the Pathway to Community Program. Up to $1,000 of trauma-informed victim services or trauma-certified professional therapy shall be provided by the Department to family members of the victim of the petitioner's offense. Provides that optional participation by family members of the victim of petitioner's offense shall be provided by the Department at no cost to the family members of the victim. Provides that time served in the Program shall be credited toward time served on the sentence. Provides that the Program is terminated 6 years after the effective date of the amendatory Act. Correctional Note (Dept of Corrections) The impact of this legislation on the Department will depend on how many offenders would be accepted into and complete the Pathway to Community Program, how many offenders would receive executive clemency, how many staff are needed to meet the requirements outlined in this legislation, how victims and their families respond, and how fiscal needs will be met. Therefore, the fiscal impact on the Department is unknown. The correctional population impact is also unknown since program participants must petition for Governor clemency to receive an early release from prison based on their progress through the program. Also, though participants may be released from prison before their expected parole or mandatory supervised release date, the end date of their supervised release period does not change, leaving the offender under the jurisdiction of the Department for the entirety of their sentence. Second, House Bill 2400 does not specify the components of an atonement and restorative adjustment program. The Department does not currently operate such a program. In addition, Department efforts are presently focusing on evidence-based programs. Therefore, an atonement and restorative adjustment program would have to be created, or acquired, and this will result in costs for program development and/or acquisition. Staff would have to develop a research design necessary to implement a program with a potentially high success rate for older offenders who have been incarcerated for many years, and then develop and study the specific components. Among many undertakings, staff would have to be trained; selection criteria and methods would have to be developed; policies would be written; means to measure if offenders have demonstrated reform, changed behavior, remorse, and the ability to socialize; renunciation of criminal activity and gang affiliation would have to be identified; and outcome measures would have to be constructed. Moreover, this legislation specifies that offenders must participate for 5 years; however, there is no indication in House Bill 2400 as written for the justification for mandating that time period. The costs for these responsibilities, as well as costs for acquisition of licensed curriculum and supplies, if available, are unknown at this time. Third, House Bill 2400 stipulates that, following completion of this program of atonement and restorative justice, the Department shall make an exhaustive effort to find and notify family members of the victim of the petitioner's offense and to afford them the opportunity to participate in the Department's final selection process for the Pathway to Community Program. This presents numerous logistical problems for Department staff. Records are very old, and documents may not identify victims by name or where to contact them after more than 30 years. Department staff currently struggle to get victim information from the courts. Many victims' families would have to be contacted, and if found, may not want to participate in any activities with the offenders, relive the memories, or even be identified at all. Many victims want absolutely nothing to do with their offenders. Correctional staff do not treat victims; there are no staff to perform any necessary therapeutic services to victims. If the victims refuse this service, the Department is unsure if it would be mandated to withhold the program if a victim chooses not to participate. Despite efforts made by centralized program staff, as well as the facility staff, Victims Services is already inundated with work related to assisting the victims of Illinois' 39,000 inmates and 27,000 parolees. current Victim Services staff would not be able to assist in meeting House Bill 2400 provisions. The Department estimates this program would need to be implemented In two facilities, one for males and one for females. The Department also estimates two additional staff members would need to be employed at each facility where Pathway programs are implemented, one to assist in Victim Services and one to assist in the administrative tasks of the program. Staff are estimated at an annual cost of $100,000 each for salary and benefits. Fourth, House Bill 2400 provides that up to $1,000 of trauma-informed victim services or traumacertified professional therapy must be provided by the Department to family members of the victim of the petitioner's offense. Insurance policies of the family members of the victim of the petitioner's offense or family members' financial resources shall first be used to pay the costs of these services or therapy. Optional participation by family members of the victim of petitioner's offense would be provided by the Department at no cost to the family members of the victim. The impact of these fiscal constraints on the Department cannot be identified until the program is implemented, though the number of victims this legislation may address is unknown, and potentially quite large. Therefore, the fiscal impact on the Department is unknown. The correctional population impact is also unknown as offenders are not eligible for early release until granted clemency by the Governor based on petitions filed and an offender's program progress, a process that cannot be initiated until more than 5 years after enactment. The Department currently lacks the resources, training, curriculum, victim information, and funding to enact this proposal. House Floor Amendment No. 1 Deletes provision that the Department of Corrections may enter an order releasing and discharging a participant in the Pathway to Community Program from mandatory supervised release if it determines that he or she is likely to remain at liberty without committing another offense.

Amends the Counties Code. In provisions concerning winds farms and electric-generating wind devices, makes the provisions applicable even if a county has or has not formed a zoning commission and adopted formal zoning. Clarifies that only a county may establish standards for wind farms, electric-generating wind devices, and commercial wind energy facilities in unincorporated areas of the county outside of the zoning jurisdiction of a municipality and the 1.5 mile radius surrounding the zoning jurisdiction of a municipality. Effective immediately. House Committee Amendment No. 1 Provides that only a county may establish standards for wind farms outside the 1.5 mile radius (rather than in the 1.5 mile radius) surrounding the zoning jurisdiction of a municipality.

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall establish reimbursement rates that build toward livable wages for front-line personnel in residential and day programs and service coordination agencies serving persons with intellectual and developmental disabilities under the Act, including, but not limited to, intermediate care for the developmentally disabled facilities, medically complex for the developmentally disabled facilities, community-integrated living arrangements, community day services, employment, and other residential and day programs for persons with intellectual and developmental disabilities supported by State funds or funding under Title XIX of the federal Social Security Act. Provides that on or before July 1, 2019, the Department shall increase rates and reimbursements and on or before that date, direct support persons shall earn a base wage of not less than $5.25 per hour above the highest applicable federal, State, county, or municipal minimum wage, and on or before that date, other front-line personnel shall earn a commensurate wage. Provides that on or before July 1, 2021, the Department shall increase rates and reimbursements and on or before that date, direct support persons shall earn a base wage of not less than $6.75 per hour above the highest applicable federal, State, county, or municipal minimum Wage, and on or before July 1, 2021, other front-line personnel shall earn a commensurate wage. Amends the Illinois Public Aid Code to make conforming changes. Effective immediately.

Amends the Medical Patient Rights Act. Provides that a patient or representative of the patient must give informed consent, or informed permission in the case of an infant, for biochemical testing for controlled substances unless there is a medical emergency and there is inadequate time to obtain consent. Describes the specific information that health care providers to supply to a patient, or a patient’s representative, before informed consent can be given. Effective immediately.

Calls on the 116th United States Congress to pass the Dream Act.

Amends the School Code. Provides that an approved waiver from or modification to a physical education mandate may remain in effect for a period not to exceed 2 school years (rather than 5 school years like other mandate waivers) and may be renewed no more than 2 times upon application by an eligible applicant. Provides that an approved waiver from or modification to a physical education mandate may be changed within the 2-year period by the school board or regional superintendent of schools, whichever is applicable, following the procedure set forth in the Code for the initial waiver or modification request. Provides that a school board may determine the schedule or frequency of physical education courses, provided that an elementary school pupil engage in a course of physical education for a minimum of 150 minutes per week and a middle school, junior high school, or high school pupil engage in a course of physical education for a minimum of 225 minutes per week (rather than engage in a course of physical education for a minimum of 3 days per 5-day week). Provides that if a student non-attendance day is scheduled for a day that would otherwise include a physical education class or if the school building is not otherwise open to students on a day that would otherwise include a physical education class, a student is not required to make up the minutes from that class; defines "student non-attendance day". Effective July 1, 2019.