Latest Post | Last 10 Posts | Archives
Previous Post: Because… Madigan!
Next Post: *** UPDATED x1 *** Kirk admits to problems with Q&A, blasts Obama
Posted in:
* Tribune…
Gov. Bruce Rauner on Friday used his amendatory veto power to rewrite a bill that would have ended the state’s growing practice of suing prison inmates to recover the costs of their incarceration — effectively killing the legislation, according to the bill’s two sponsors.
The bill from state Sen. Daniel Biss, D-Evanston, and Rep. Kelly Cassidy, D-Chicago, now goes back to the General Assembly with Rauner’s addition of a financial threshold that would be determined by officials at the Illinois Department of Corrections. Inmates who have less than the threshold in their bank or prison accounts would be shielded from the controversial lawsuits.
The General Assembly can accept Rauner’s rewrite, override it or let it die. Biss and Cassidy said Friday they likely do not have the votes to override the veto.
“The bill is dead now because of the governor’s actions, and that is a travesty,” Biss said Friday, noting that the bill had passed the Senate and House with a narrow margin. “He killed a bill that would have eliminated a wasteful and immoral program.”
Umm, they could just accept the amendatory veto. But that won’t happen because Speaker Madigan is almost always dead-set opposed to doing such a thing. So, they’ll either have to draft a bill that conforms to the governor’s AV or drop the whole thing. The attorney general only rarely files these lawsuits, so it’s not a gigantic problem, unless you’re one of the targets.
…Adding… From Sen. Biss…
Hi Rich –
Just saw your post on the Governor’s AV of SB2465. Just wanted to make the point that beyond the practical challenges in accepting an AV, the language here really does gut our bill.
The AV says that right now:
“the State’s power to recover costs is rarely used”
and also that under the bill:
“The Department would establish a standard for determining [a whole bunch of stuff that then determines whether the State’s power to recover costs would be used]”
In other words, right now, the Department rarely uses this power, presumably because they decide not to. Under the AV, the Department would have the authority to decide when to use this power.
Doesn’t sound like a lot of progress to me.
We should be proud of the steps we have taken together to reform our criminal justice system. These efforts will reduce incarceration and recidivism rates, help incarcerated individuals to reenter the community and obtain gainful employment, and reduce costs to taxpayers. I thank the members of the General Assembly for being partners in this work.
Current law permits the Attorney General to bring legal action against formerly incarcerated individuals to recover incarceration-related expenses on behalf of the Department of Corrections. Senate Bill 2465 would stop this practice altogether. Today I return the bill with specific recommendations for change.
Proponents believe that collection efforts hinder an individual’s successful reentry into the community. Many ex-offenders have few if any assets and struggle to find jobs to care for themselves or their families.
In practice, though, the State’s power to recover costs is rarely used: the State collected approximately $355,000 total in Fiscal Year 2015. While I agree that this power should be used sparingly and judiciously, there are circumstances when it is warranted. Violent offenders with significant assets should compensate their victims and the State. For example, the State used this power to stop serial killer John Wayne Gacy from profiting while in prison.
The changes recommended below would protect low-income persons, while still enabling the State to pursue wealthier or violent offenders. The Department would establish a standard for determining whether a person has sufficient means, whether recovery by the State would inhibit the person’s reintegration into the community, and whether the nature of the crime (such as a violent crime) warrants recovery efforts. The Department’s proposed rules would be subject to public comment and review by the Joint Committee on Administrative Rules. The State would then be prohibited from pursuing recovery from persons except as allowed by that rule. This strikes the proper balance between protecting taxpayers and facilitating successful post-incarceration reentry.
The Gacey point is a bit weird since the state prohibits inmates from profiting from their crimes, according to the Trib.
* From the twitters…
His comments show he didn't understand the bill. His staff made clear he was afraid to be seen as soft on crime. https://t.co/YipC7kRf8c
— Rep. Kelly Cassidy (@RepKellyCassidy) August 20, 2016
posted by Rich Miller
Monday, Aug 22, 16 @ 10:22 am
Sorry, comments are closed at this time.
Previous Post: Because… Madigan!
Next Post: *** UPDATED x1 *** Kirk admits to problems with Q&A, blasts Obama
WordPress Mobile Edition available at alexking.org.
powered by WordPress.
The Governor only cares for profit, not people.
Comment by Honeybear Monday, Aug 22, 16 @ 10:34 am
Not to mention that Gacey was put to death 22 years ago…
Comment by Commonsense in Illinois Monday, Aug 22, 16 @ 10:40 am
Adding,
“afraid to be seen as soft on crime.”
Hasn’t he already signed “softer” bills than this?
Comment by Four and a half Monday, Aug 22, 16 @ 10:43 am
Fear of being seen as “soft on crime” rears its ugly head. It’s an area where leaders have to do the right thing, and defend it, even when it is slightly beyond where voters’ initial reactions might take them.
Comment by walker Monday, Aug 22, 16 @ 10:44 am
So we shouldn’t go after wealthier felons that can afford to reimburse the State??? Gacy reference or not, this seems to make total sense. Are “we” collectively not in favor just because Rauner had a hand in the matter, therefore it is automatically bad?
Comment by Shemp Monday, Aug 22, 16 @ 10:49 am
Last year the Democrats kept telling Rauner to just use his AV powers to bring the budget into balance. After the rabid and over the top response by Biss and Cassidy to this AV, I think we see how that budget technique would have played out.
Comment by Spoonfed Monday, Aug 22, 16 @ 11:04 am
A profit maximizing prison/police system would focus on convicting and jailing wealthy people who can self-fund their incarceration. This would achieve more racial balance in prisons too.
Sounds like a plan to keep the prisons full while cutting costs to taxpayers. /s?
Comment by Last Bull Moose Monday, Aug 22, 16 @ 11:05 am
Spoon - so that’s your defense of the Governor’s inability to enact a budget? Legislators will criticize me? DUH.
Comment by hockey fan Monday, Aug 22, 16 @ 11:11 am
Spoonfed, when the governor uses their line-item or reduction veto powers on an appropriation bill, everything that has not been vetoed becomes law.
When a governor makes specific recommendations for change (an AV) to a substantive bill, the bill is dead unless the changes are either approved or overridden. So not really an apples-to-apples comparison with the budget.
Comment by Juice Monday, Aug 22, 16 @ 11:12 am
==- Spoonfed - Monday, Aug 22, 16 @ 11:04 am:
Last year the Democrats kept telling Rauner to just use his AV powers to bring the budget into balance. After the rabid and over the top response by Biss and Cassidy to this AV, I think we see how that budget technique would have played out. ==
There is a huge difference between the AV power and line item reduction or line item veto powers. The Constitution gives the Governor unlimited power to veto a line item or reduce it. The AV power is much more limited.
Comment by fantasyland Monday, Aug 22, 16 @ 11:50 am
Hey, the veto’s just a little something to help Stu Levine get back on his feet.
Comment by northsider (the original) Monday, Aug 22, 16 @ 11:57 am
It really is the weirdest bill for the 2nd floor to worry about soft on crime. Keep in mind the Gov has signed barriers to employment bills that effectively allowed those with criminal convictions to work in health care settings and schools. IMHO those were far more susceptible to the soft on crime tag than what amounts to cracking down on needless lawsuits, which, oh by the way, is one of the original TA.
Comment by Conn Smythe Monday, Aug 22, 16 @ 12:17 pm
*is one of the original TA tenets.
Comment by Conn Smythe Monday, Aug 22, 16 @ 12:18 pm
Meh to both sides. this looks like a somution in search of a nonexistant problem
Comment by Ghost Monday, Aug 22, 16 @ 12:35 pm
The Governor should at least be *somewhat* intellectually honest and say we need to raise taxes to pay for the Republican Patronage Prison Industrial Complex and its union jobs.
Oh thats right. He just cares about teachers unions.
Comment by Doug Simpson Monday, Aug 22, 16 @ 12:36 pm
For somebody whose lone selling-point is that he doesn’t have to care what the establishment thinks of him, he sure does happen to send that maverick leather biker vest out to the cleaners on bill-signing day an awful lot.
Comment by crazybleedingheart Monday, Aug 22, 16 @ 3:48 pm