Legislative Action Special Section                                                       

Major legislation was passed allowing greater flexibility in the state's efforts to deal with its overcrowded prisons. All rolled into SB 956, the changes evolved from the year-long study by the Governor's Task Force on Crime and Corrections. The bill was passed on the premise that the Illinois Department of Corrections (IDOC) needs more room to maneuver in its management of its 33,500 inmates in a system designed for 22,000.

IDOC officials say that this measure will allow them to control, without incarcerating in prison, approximately 6,300 offenders of the projected 10,000 population growth over the next four years. This legislation does not address prison overcrowding per se. It allows IDOC to free up beds by moving two-thirds of those expected to overcrowd the system into less expensive means of control: boot camps and electronic detention and greater incentives — reductions in sentences — to more inmates who participate in more rehabilitation programs. It also authorizes building a super-maximum security prison for the worst-of-the-worst inmates, even though Gov. Edgar originally opposed any more prison building.

Some but not much discretion was granted to judges on alternatives to probation. No changes, however, were made in Illinois' mandatory sentences tied to specific crimes. In the last 20 years, lawmakers have added more crimes to the categories carrying longer sentences.

If anything, this legislation begs further action on the part of the General Assembly to accommodate the other 3,700 inmates projected to enter a prison system with no place to put them. The system will fall short by 3,700 beds even with the legislation's authorization of the 500-bed super-max prison and the expansion of three existing and overcrowded prisons to hold another 1,344 inmates (two per prison cell). Maneuvering the legislation to passage was predictable. Speaker Michael J. Madigan (D-22, Chicago) wanted the task force recommedations in the final end-of-session budget stew, mainly because the controversial and expensive union-backed super-max prison was not part of the Senate version. The Edgar-backed Senate bill was introduced by Sen. Carl E. Hawkinson (R-47, Galesburg) and breezed through the Republican-dominated Senate with a unanimous vote in mid-April. Politics as usual stalled it in the Democratic-controlled House, even though it was pushed for early passage by Rep. Tom Homer (D-91, Canton), cosponsor of the bill and a member along with Hawkinson of the governor's task force.

Expanded sentencing laws keep putting more Illinoisans in prison for longer terms, pressing precious state resources to educate and train them in prisions rather than in school and in real jobs

In one last goad of the two-decade-old tough-on-crime political refrain, Speaker Madigan agreed to back the House version even though it "would allow 2,500 convicts back on the street early."

Criminologists and prison watchdogs agree that such posturing by the speaker may get legislators elected, but it is also one of the main reasons the General Assembly had to pass SB 365. Expanded sentencing laws keep putting more Illinoisans in prison for longer terms, pressing precious state resources

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to educate and train them in prisons rather than in schools and in real jobs. In the last half-hour of June 30, the House passed the amended bill with the $60 million super-max included by a 82-30 vote. Once all the session deals were settled, the Senate concurred 55-1 on July 12. The governor signed the bill into law August 11, predicting that these changes would "dramatically reduce the number of repeat offenders by encouraging them to acquire job skills and kick their drug habits so they will be productive, law-abiding citizens when they return to society." The bill was effective immediately.

Here are details of the provisions designed to meet the governor's task force recommendations.

• Expands "boot camps." The pool of offenders eligible for IDOC's Impact Incarceration Program, usually called "boot camps," is broadened. The original criteria limited participation to nonviolent offenders between ages 17 and 29, sentenced to prison for the first time and for five years or less. The new criteria expands the age to 35 and the allowable sentence length to eight years. It also permits second-time felony offenders to participate, provided they had not participated in a boot camp before.

• Expands good-conduct credit for rehabilitation programs. For every day in education classes, inmates will earn one-half day credit off their sentence instead of one-fourth day. Inmates can now further reduce their sentences by attending drug and alcohol treatment programs and by participating in prison industries; the rate is one day for every two days in attendance.

Inmates convicted of second degree murder are now eligible to earn good-conduct credits, while another category of inmate was added to the ineligible list — inmates back in prison after two or more prior felony sentences. Still ineligible are inmates sentenced for first degree murder or a Class X felony (solicitation of murder for hire, drug-induced homicide, aggravated battery of a child, various drug offenses, etc.).

• Expands electronic home detention. The system of monitoring offenders at home by means of an electronic ankle bracelet can now be used for some Class X and Class 1 felons during the last 90 days of their sentences, provided the court has not prohibited it in the sentencing order. Previously residential burglary was the only exception among Class X and Class 1 felons.

Specifically targeted for electronic home detention are older inmates (age 55 and older) convicted of Class X and Class 1 felonies and having served at least one-quarter of their sentence. They are eligible only during the last 12 months of their sentence provided the Prisoner Review Board approves.

Class X and Class 1 offenses excluded from electronic home detention consideration are first degree murder, escape, aggravated criminal sexual assault, criminal sexual assault, aggravated battery with a firearm, bringing into or possessing a firearm in a penal institution and various drug offenses.

• Building a super-max prison. Supported by AFSCME, the union representing correctional officers, and a bipartisan group of legislators, construction of a 500-bed super-max prison did not gain Gov. Edgar's support until early June. By August, when he signed SB 956, Edgar reported that communities around the state were bidding for the chance to be the site for the $60 million prison. Applications are due at IDOC by September 15. The governor estimates two years

® 1993 The State Journal Register, Springfield, Illinois

No action on reducing mandatory sentences for residential burglary Not dealt with this session was the governor's task force recommendation on changes to sentencing for residential burglary. While many Class 1 felonies are probational, residential burglary is not. It carries a mandatory prison sentence of four to 15 years. Statistics compiled by the Department of Corrections show that 18 percent of inmates admitted to prison for residential burglary between July 1, 1990, and January 31, 1991, had no prior felony convictions. In fiscal year 1992, the department reported 1,050 offenders were admitted to prison for residential burglary with an average sentence of six years. The task force concluded that if 18 percent of those inmates could have received probation, the population reduction achieved after the second year could reach 378, saving approximately $1.2 million. A second change in sentencing recommended by the task force would make consecutive sentences optional rather than mandatory in certain circumstances, allowing judges to put first-time residential burglars in community-based programs such as electronic detention, intensive probation or other alternative sanctions. The Illinois Criminal Code has been amended over the last two decades to require that certain drug sentences, even for relatively minor offenses, be imposed consecutively. The task force offered this example as a rationale for changing the laws: "An addict arrested for possession of a small amount of drugs, who is placed on bond (because the jail is overcrowded) while awaiting trial (without any treatment for the addiction) and who then commits another minor property or possession crime to support his or her addiction, must be sentenced to serve consecutive sentences for both the second crime committed and a bail bond violation. In this fashion, minor offenses frequently compound themselves into mandatory eight-, nine- or ten-year sentences." Beverley Scobell

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for construction, and then an annual operational budget of $15 million with 300 staff.

Why build the prison? Supporters argued it allows the management of "dangerous and predatory" inmates in one facility. The other prisons are then more likely to succeed with rehabilitation efforts: educational and vocational classes, drug and alcohol treatment, and job skills learned in correctional industries. A lockdown precipitated by a violent attack on an officer or another inmate interrupts all productive work.

Opponents argued that the new prison will do nothing to curb violence at other prisons, that new gang leaders will take the place of those removed to the super-max. Opponents also point to abuses in other super-max prisons in California and Indiana and the federal version in Marion. Mike Mahoney of the John Howard Association says the state could control its violent population better and more cheaply by using a model similar to that in Michigan that uses six levels of sanctions and privileges, as opposed to the three in Illinois (minimum, medium and maximum). One more level, the super-max, is not enough to manage the problem, yet it will consume resources that could be used better, he says.

• Adding court flexibility. Along with increasing the pool of nonviolent offenders eligible for prison alternatives such as boot camp and electronic detention, the law authorizes judges to order other conditions of probation, such as fines, public service or restitution when also ordering substance abuse or alcohol treatment. Also a sentencing court can now correct an improper sentence, perhaps eliminating the need for someone to sit in jail while waiting out an appeal.

One change in the law that was not a recommendation of the task force increases the penalty for assaults on correctional officers, from a Class A misdemeanor (one year/$ 1,000) to a Class IV felony (one to three years/$ 10,000). (This language is expanded in SB 483, sponsored by Sen. Hawkinson, to include all correctional employees.)

Expect the debate between crime and punishment, costs of punishing and costs of rehabiliting to go on endlessly. *

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Legislative Action Special Section                                                       

A long with all the mundane, one bill that garnered the governor's signature has drawn its share of snickers. It's the new headlight-windshield wiper law, effective January 1, requiring motorists to turn their cars' headlights on when driving conditions warrant the use of windshield wipers. Those who don't comply could face a $75 fine. Illinois is not the only state that has enacted such legislation, which State Police here have supported as a way to increase road safety during rainy weather and other hazardous driving conditions. Nonetheless, the law drew jokes and groans from some who see the new law as an example of lawmakers tackling a trivial issue.

• One person who came out ahead in the spring legislative session was Secy. of State George H. Ryan. He pushed a myriad of bills on high-profile issues — from ethics reform to carjacking — several of which were successful.

Among Ryan's pet measures signed by Gov. Jim Edgar was the "live and learn" proposal. Under the new law, libraries will get nearly $19 million in new state funds — partly to offset cuts made last year. The law also increases fees for license plate transfers to $12 from $2 and vehicle title charges to $ 13 from $5. Two million dollars will go toward promoting organ and tissue donation in Illinois.

Also signed by Edgar was a measure that shields driving and vehicle records from much of the public. Under the new law, such information only will be released to people with specific business-related needs for the information. People can ask that personal information be withheld so they can avoid unsolicited mailings. And people with court orders of protection can ask that their addresses be withheld. The records generally have been open to anyone, and businesses have been able to buy the information.

Edgar also has signed:

• Truth-in-resume writing. A new law makes it a criminal offense for a teacher or certified school employee to lie or hide his or her previous employment history when applying for a job.

• Adoption speedup. A new law should help move adoption cases faster through the court system by easing time requirements on fingerprint and criminal background checks.

• A "lemon law" for homes. Similar to requirements for selling used cars, this law requires people selling older homes to disclose any substantial defects that exist. The law does not apply to new homes that never have been occupied.

• Tough on drive-by shooters. The new law is aimed at punishing people who commit drive-by shootings. Someone who fires a weapon from a vehicle can now be sentenced to up to three years in prison; drivers face the same penalties for letting passengers fire weapons.

• "BUI," or "boating under the influence." Under this law, which takes effect January 1, people convicted of operating a boat under the influence of illegal drugs as a misdemeanor will have their boating privileges suspended for a year. Those convicted at a felony level will receive three-year suspensions.

• "Tenants' rights" legislation. Effective January 1, landlords will have to make repairs to unsafe properties or face injunctions filed against them by state's attorneys. Tenants now have little leverage against landlords, say tenant advocates, as they risk eviction if they withhold rent for repairs they pay for.

• Rural obstetricians. The new law allows some doctors who practice obsetetrics in rural areas to obtain state grants toward their medical malpractice insurance. The measure is aimed at the dozens of primarily rural counties where obstetric care is scarce or nonexistent.

• New Teacher Corps. The law creates the Illinois Teacher Corps, allowing professionals and skilled workers to teach classes in their areas of expertise without completing traditional teacher preparation courses. Five years of professional experience is necessary, as is a minimum bachelor's degree, decent grades and completion of an intensive six-week course. They also must enroll in a master's of education program at a university. Tradespeople without bachelor's degrees but with work experience may qualify for limited certificates to teach upper grades part-time.

Jennifer Halperin

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