Post by State House on Mar 27, 2009 6:10:21 GMT -5
IDOC Legislative Update
As the 2009 General Assembly Session nears the halfway point, there are several pieces of Agency legislation which are moving and other pieces of legislation that the Department is keeping a close eye on because of their impact on corrections. I asked Tim Brown, our Legislative Services Director, to compile pertinent legislation information, and this communication is meant to keep you abreast of correction-related matters which are moving in the legislature.
Please note that none of these actions listed are final. Rather, this is an update of potential legislation that might affect the Department if passed and signed into law.
Senate Bill (SB) 223 Trafficking cell phones with an inmate (6-3 passed in Senate Corrections, Criminal and Civil Matter Committee). Enhances the penalty for trafficking with an inmate to a Class C felony from an A misdemeanor if the item trafficked is a cellular telephone. The next step is the bill’s movement to the floor of the full Senate for second and third reading.
SB244 Offender Re-entry Administrative Account (9-0 passed in Senate Corrections, Criminal and Civil Matters Committee). The next step is the bill’s movement to the floor of the full Senate for second and third reading.
SB296 Death Penalty Executions (9-0 passed as amended in Senate Corrections Criminal and Civil Matters Committee). Removes the requirement that a death penalty execution occur before the hour of sunrise on the execution date. Amended in committee to allow the decision for movement of inmates while awaiting execution to be sent to a summer study committee. The Department does not favor the new amendment. The next step is the bill’s movement to the floor of the full Senate for second and third reading.
SB293 Stationary and Postage for indigent offenders (6-3 passed as amended in Senate Corrections Criminal and Civil Matters Committee). Requires the Department to provide postage according to agency rules for all indigent offenders. Those offenders who are not considered indigent by department policy will have to purchase stamps on commissary. Amended in committee to allow the department to provide offenders postage for legal mail according to agency standards. The Department does not favor the new amendment. The next step is the bill’s movement to the floor of the full Senate for second and third reading.
SB292 Police power of Correctional Police Officers (9-0 passed in Senate Corrections Criminal and Civil Matters Committee). Provides authority to the commissioner to appoint certain individuals as correctional police officers. Requires completion of pre-basic training course approved by the law enforcement training board and any other training course established by DOC. Grants correctional police officers powers but only in connection with offenses committed on the property of DOC, those involving an offender who is committed to the department, in connection with an offense committed in the presence of an officer or while assisting another law enforcement officer who has requested the assistance of the correctional police officer. On second reading amendment it will be added that the Commissioner may establish a Correctional Peace Officer’s Foundation which can accept donations and contributions. The next step is the bill’s movement to the floor of the full Senate for second and third reading.
SB352 Rioting at Penal facilities (9-0 passed in Senate Corrections Criminal and Civil Matters Committee). Enhances the penalty for prison rioting to a Class D felony from an A misdemeanor. The next step is the bill’s movement to the floor of the full Senate for second and third reading.
HB1001 State Budget Bill as it pertains to IDOC budget: The House Ways and Means Committee passed (14-9) a budget for one (1) year for the Department that established the base operating budget at $655 million. In addition, their version includes an approximate $5 million annual increase for Community Corrections and increases for the Medical and Food contracts to adjust for population and cost of living projected increases. Additional funding for the GEO contract will allow the Department to completely fill the facility by the end of 2010. However, monies for the proposed expansion at Wabash Valley Correctional Facility and Miami Correctional Facility housing units were deleted. The Department does not favor the deletion of the expansion of maximum security cells at Wabash and Miami. The Department is jeopardy of running out of single space units in the near future and needs this provision to be reinserted to ensure better safety and security practices.
HB1132 Police power of Correctional Police Officers (7-0 passed in House Judiciary Committee). Provides authority to the commissioner to appoint certain individuals as correctional police officers. Requires completion of pre-basic training course approved by the law enforcement training board and any other training course established by DOC. Grants correctional police officers powers but only in connection with offenses committed on the property of DOC, those involving an offender who is committed to the department, in connection with an offense committed in the presence of an officer or while assisting another law enforcement officer who has requested the assistance of the correctional police officer. On second reading amendment it will be added that the Commissioner may establish a Correctional Peace Officer’s Foundation which can accept donations and contributions. The next step is the bill’s movement to the floor of the full House for second and third reading.
HB1642 Trafficking cell phones with an inmate (12-0 passed in House Courts and Criminal Code Committee). Enhances the penalty for trafficking with an inmate to a Class C felony from an A misdemeanor if the item trafficked is a cellular telephone. The next step is the bill’s movement to the floor of the full House for second and third reading.
HB1443 Expungement of certain conviction records (19-0 passed in House Ways and Means Committee). Allows a sentencing court to seal records of nonviolent felonies and misdemeanor convictions if the person committed the crime before the age of 25 and 12 years have passed since the completion of the person’s sentence and the satisfaction of any other obligation imposed on the person as a part of the sentence. HB 1709 Program to remove inmate tattoos was recommitted and inserted into this bill. This bill provides that the Department may remove tattoos off offenders who request this service. This service is limited to tattoos that can be easily seen and the location of the facility to provide this service will be designated by the Commissioner. The IDOC Medical Director will also have final approval of the offender requesting the procedure. The next step is the bill’s movement to the floor of the full House for second and third reading.
HB1208 Health, mental health, and addiction matters (17-0 passed in House Ways and Means Committee) Bill was amended in Public Health committee and recommitted to Ways and Means Committee. It requires DOC to create local jail formulary standards for mental health treatment in county jails. It also provides for the Commissioner or his designee to preside over a committee who will make recommendations as to how access to mental health treatment will be addressed in the corrections field. The next step is the bill’s movement to the floor of the full House for second and third reading.
Keep checking back for more updates as they occur!
As the 2009 General Assembly Session nears the halfway point, there are several pieces of Agency legislation which are moving and other pieces of legislation that the Department is keeping a close eye on because of their impact on corrections. I asked Tim Brown, our Legislative Services Director, to compile pertinent legislation information, and this communication is meant to keep you abreast of correction-related matters which are moving in the legislature.
Please note that none of these actions listed are final. Rather, this is an update of potential legislation that might affect the Department if passed and signed into law.
Senate Bill (SB) 223 Trafficking cell phones with an inmate (6-3 passed in Senate Corrections, Criminal and Civil Matter Committee). Enhances the penalty for trafficking with an inmate to a Class C felony from an A misdemeanor if the item trafficked is a cellular telephone. The next step is the bill’s movement to the floor of the full Senate for second and third reading.
SB244 Offender Re-entry Administrative Account (9-0 passed in Senate Corrections, Criminal and Civil Matters Committee). The next step is the bill’s movement to the floor of the full Senate for second and third reading.
SB296 Death Penalty Executions (9-0 passed as amended in Senate Corrections Criminal and Civil Matters Committee). Removes the requirement that a death penalty execution occur before the hour of sunrise on the execution date. Amended in committee to allow the decision for movement of inmates while awaiting execution to be sent to a summer study committee. The Department does not favor the new amendment. The next step is the bill’s movement to the floor of the full Senate for second and third reading.
SB293 Stationary and Postage for indigent offenders (6-3 passed as amended in Senate Corrections Criminal and Civil Matters Committee). Requires the Department to provide postage according to agency rules for all indigent offenders. Those offenders who are not considered indigent by department policy will have to purchase stamps on commissary. Amended in committee to allow the department to provide offenders postage for legal mail according to agency standards. The Department does not favor the new amendment. The next step is the bill’s movement to the floor of the full Senate for second and third reading.
SB292 Police power of Correctional Police Officers (9-0 passed in Senate Corrections Criminal and Civil Matters Committee). Provides authority to the commissioner to appoint certain individuals as correctional police officers. Requires completion of pre-basic training course approved by the law enforcement training board and any other training course established by DOC. Grants correctional police officers powers but only in connection with offenses committed on the property of DOC, those involving an offender who is committed to the department, in connection with an offense committed in the presence of an officer or while assisting another law enforcement officer who has requested the assistance of the correctional police officer. On second reading amendment it will be added that the Commissioner may establish a Correctional Peace Officer’s Foundation which can accept donations and contributions. The next step is the bill’s movement to the floor of the full Senate for second and third reading.
SB352 Rioting at Penal facilities (9-0 passed in Senate Corrections Criminal and Civil Matters Committee). Enhances the penalty for prison rioting to a Class D felony from an A misdemeanor. The next step is the bill’s movement to the floor of the full Senate for second and third reading.
HB1001 State Budget Bill as it pertains to IDOC budget: The House Ways and Means Committee passed (14-9) a budget for one (1) year for the Department that established the base operating budget at $655 million. In addition, their version includes an approximate $5 million annual increase for Community Corrections and increases for the Medical and Food contracts to adjust for population and cost of living projected increases. Additional funding for the GEO contract will allow the Department to completely fill the facility by the end of 2010. However, monies for the proposed expansion at Wabash Valley Correctional Facility and Miami Correctional Facility housing units were deleted. The Department does not favor the deletion of the expansion of maximum security cells at Wabash and Miami. The Department is jeopardy of running out of single space units in the near future and needs this provision to be reinserted to ensure better safety and security practices.
HB1132 Police power of Correctional Police Officers (7-0 passed in House Judiciary Committee). Provides authority to the commissioner to appoint certain individuals as correctional police officers. Requires completion of pre-basic training course approved by the law enforcement training board and any other training course established by DOC. Grants correctional police officers powers but only in connection with offenses committed on the property of DOC, those involving an offender who is committed to the department, in connection with an offense committed in the presence of an officer or while assisting another law enforcement officer who has requested the assistance of the correctional police officer. On second reading amendment it will be added that the Commissioner may establish a Correctional Peace Officer’s Foundation which can accept donations and contributions. The next step is the bill’s movement to the floor of the full House for second and third reading.
HB1642 Trafficking cell phones with an inmate (12-0 passed in House Courts and Criminal Code Committee). Enhances the penalty for trafficking with an inmate to a Class C felony from an A misdemeanor if the item trafficked is a cellular telephone. The next step is the bill’s movement to the floor of the full House for second and third reading.
HB1443 Expungement of certain conviction records (19-0 passed in House Ways and Means Committee). Allows a sentencing court to seal records of nonviolent felonies and misdemeanor convictions if the person committed the crime before the age of 25 and 12 years have passed since the completion of the person’s sentence and the satisfaction of any other obligation imposed on the person as a part of the sentence. HB 1709 Program to remove inmate tattoos was recommitted and inserted into this bill. This bill provides that the Department may remove tattoos off offenders who request this service. This service is limited to tattoos that can be easily seen and the location of the facility to provide this service will be designated by the Commissioner. The IDOC Medical Director will also have final approval of the offender requesting the procedure. The next step is the bill’s movement to the floor of the full House for second and third reading.
HB1208 Health, mental health, and addiction matters (17-0 passed in House Ways and Means Committee) Bill was amended in Public Health committee and recommitted to Ways and Means Committee. It requires DOC to create local jail formulary standards for mental health treatment in county jails. It also provides for the Commissioner or his designee to preside over a committee who will make recommendations as to how access to mental health treatment will be addressed in the corrections field. The next step is the bill’s movement to the floor of the full House for second and third reading.
Keep checking back for more updates as they occur!