Senate Week in Review: Aug. 23-27
SPRINGFIELD – Lawmakers heard from prison reform groups and family members of crime victims, as well as DuPage County State’s Attorney Joe Birkett Aug. 25 at the second meeting of the Illinois Joint Investigatory Panel on Early Release.
State Sen. Dale Risinger, R-Peoria, said Birkett cautioned lawmakers to make public safety the top priority when considering any prisoner early-release program. Any inmate who is released early without having clearly demonstrated a clear commitment to rehabilitation is a “high-risk” release, Birkett warned.
The Panel is examining controversial early-release programs in Illinois, including one unpublicized program established under Gov. Pat Quinn that allowed the early release of nearly 2,000 prisoners, including violent offenders.
The early-release programs were the subject of a highly critical report from retired Judge David Erickson released Aug. 13, two days after the first Joint Panel meeting in Peoria. That report concluded that Quinn’s Department of Corrections failed to adequately protect public safety and released inmates early for “meritorious” behavior “simply by virtue of being delivered into DOC (Department of Corrections) custody.”
Individuals representing crime victims testified before lawmakers and witnesses who gathered at the Thompson Center in downtown Chicago for the Aug. 25 meeting, as they had done at the Panel’s first meeting Aug. 11 in Peoria. They discussed the impact on victims and their families when a violent offender is released early. A representative of Mothers Against Drunk Driving (MADD) raised concerns that individuals convicted of drunk and drugged driving are often considered prime candidates for early release even though they are often among those with the greatest risk for repeat offenses.
Inmate advocates cautioned lawmakers not to completely eliminate meritorious good time programs and included witnesses who took advantage of rehabilitation programs while in prison to turn their lives around.
Birkett said it was clear from the timing of prisoner releases that occurred under the controversial Meritorious Good Time (MGT Push) Program, that the Department of Corrections released criminals before they could have possibly received information on the prisoners from local prosecutors and law enforcement personnel.
He also recommended that any guidelines or criteria that are adopted as a result of the scandal should be made public, so that state’s attorneys, local police and victims know what the criteria for early release will be. Birkett added that Corrections’ officials never consulted him, and he has been unable to identify any other state’s attorneys who were consulted before the early releases began.
The Panel plans to use the feedback from the meetings to develop a legislative package to address the concerns raised by both witness testimony and the Erickson Report.
The Governor also signed a number of other bills into law during the week. Risinger said he does not support each and every measure, but lists the legislation and a brief summary to keep central Illinois citizens informed. Legislation signed into law includes:
Community Services Act (HB 5306/P.A. 96-1472): Provides that for services classified as entitlement services under federal law or guidelines, caps may not be placed on the total amount of payment a provider may receive and the Department of Human Services will be allowed to pay any services above the contract amount in the subsequent fiscal year.
Open Meetings (HB 5483/P.A. 96-1473): Requires a public body to approve minutes of its open meeting within 30 days after the meeting or at its next regularly scheduled meeting, and also requires that a public body make its approved open meeting minutes available for public inspection and, if the public body has a Web site, post those minutes within 10 days after approval of the minutes.
Health/Life Safety Funds (HB 5515/P.A. 96-1474): Allows school districts, through June 30, 2013, to transfer surplus life safety taxes and interest earnings to the Operations and Maintenance Fund for building repair work.
Physician Murder Sentence (HB 5745/P.A. 96-1475): Allows the court to consider imposing natural life imprisonment on a person (18 or older) who knowingly murders a physician, physician assistant, psychologist, nurse, or advanced practice nurse while the victim was acting in such professional capacity.
Uniform Arbitration Act (HB 5888/P.A. 96-1476): Sets forth rules applicable to substance of dispute requiring the arbitrators to decide the dispute in accordance with any rules of law that are chosen by the parties as applicable to the substance of the dispute; requires any designation of the law or legal system of a given jurisdiction be construed as directly referring to the substantive law of that jurisdiction and not to its conflict of law rules; states that if the parties do not make a designation as to the rule of law, the arbitrators must apply the law as determined by the conflict of laws rules that they consider applicable; and nothing in these new provisions can apply to an arbitration which is part of or pursuant to a collective bargaining agreement.
Manufactured Home Installation (HB 6241/P.A. 96-1477): Mandates all manufactured homes located within a mobile home park pay the privilege tax, and all manufactured homes located elsewhere pay property taxes.
State Contract Renewal (SB 375/P.A. 96-1478): Requires that the renewal or extension of most state contracts with a value of $250,000 or more be reviewed by the Procurement Policy Board (PPB), the PPB has 30 days to object in writing to any renewal or extension within its purview, and the PPB must compile and submit a report to the General Assembly concerning renewals and extensions of contracts.
Video Gaming Facility (SB 744/P.A. 96-1479): Allows for a video gaming facility to be located at an off-track betting facility as long as there is no transfer or offer of revenue from the operation of the video gaming to the track, or common ownership between the bar and the track. Also repeals the prohibition stating that a video gaming facility be at least 1,000 feet from an off-track betting facility.
Critical Care Transport (HB 5183/P.A. 96-1469): Provides for the creation of minimum standards by the Department of Public Health for “Critical Care Transport,” or advanced specialized care while transporting patients to or between healthcare facilities; establishes additional fees to be collected for additional specialized emergency licensees; and designates equipment certification to be used for the licensure and inspection process.
Animal Disclosure (HB 5772/P.A. 96-1470): Requires animal shelters, animal control facilities, and pet shops to disclose certain information regarding dogs and cats that are being adopted or purchased.
