HB 3215

Abstract

Creates the Securing All Futures for Equitable Reinvestment in Communities Act. Provides legislative intent. Creates the Securing All Futures for Equitable Reinvestment Tax Credit Pilot Program Act. Provides that an applicant that hires certain formerly incarcerated individuals during the incentive period may apply for a tax credit against the applicant's withholding tax liability. Provides that the savings from the changes made to the Unified Code of Corrections shall be deposited into the Securing All Futures for Equitable Reinvestment (SAFER) Communities Fund for the purpose of funding the program. Amends the Unified Code of Corrections to reduce the sentencing ranges for all classes of felonies, and to remove minimum sentences for Class 4 felonies and Class A and Class B misdemeanors. Provides that the provisions of the Act apply to offenses committed before the effective date of this Act, and to offenses committed on or after the effective date of this amendatory Act. Provides for resentencing of currently incarcerated persons based on these changes. Effective immediately. Fiscal Note (Dept. of Revenue) Although the bill limits the credit to $1.5 billion over its 6-year life, the Department is unable to provide a fiscal impact estimate for House Bill 3215 because the legislation, as introduced, contains multiple drafting ambiguities, errors, and incomplete definitions. For example, the bill defines "participant" to mean, in part, a full-time employee who was formerly incarcerated between January 1, 2009 and December 31, 2019. The bill, however, provides later that the credit is limited to 10,000 participants "newly released" from prison and 10,000 participants that were released between January 1, 2009 and December 31, 2019. Additionally, the bill provides the credit amount awarded is to be between $10,000 and $15,000 each year per participant hired. The bill further provides a list of criteria to be considered in determining the amount of the credit, but no guidance is provided as to how that list of criteria computes to a given credit amount. These problems, among others in the bill as introduced, prevent the Department from making adequately precise determinations of who qualifies for the credit and of how to calculate the credit.