http://www.pontiacdailyleader.com/articles/2008/05/07/news/news2.txt

Process could be savior

5/7/2008

Pontiac Daily Leader

At his Tuesday press conference regarding the possible closing of Pontiac Correctional Center, State Sen. Dan Rutherford, R-Chenoa (53rd District), handed out copies of the Illinois State Statute dealing with the State Facilities Closure Act.

This statute was approved by the Illinois legislature in 2004 shortly after Gov. Rod Blagojevich made his first attempt to close PCC. The State Facilities Act provides for a series of legal hearings by the Commission on Government Forecasting and Accountability prior to the closing of any state-operated facility.

Rutherford said Tuesday that the commission only makes recommendations to the governor on whether or not a facility should be closed.

"The bottom line is that the governor is not bound by the commission's recommendations and therefore if not closing was the commission's consensus the governor could proceed to close anyway," said Rutherford.

The Department of Corrections was said to have formally notified the commission on Tuesday about its intentions to close PCC.

The statute explains the process as follows: Before a state facility may be closed, the state executive branch officer with jurisdiction over the facility shall file notice of the proposed closure within two days after the first public announcement of any planned or proposed closure.

The proposed closure became public knowledge on Monday afternoon in Pontiac.

The statute continues to say that within 10 days after it receives notice of the proposed closure, the commission, in its discretion, may require the state executive branch officer with jurisdiction over the facility to file a recommendation for the closure of the facility.

This recommendation must be filed within 30 days after the commission requests it.

A 30-day public comment period is required after the filing of the recommendation for closure. The commission in its discretion, may conduct one or more public hearings on the recommendation.

At least one public hearing shall be held within a 25 mile radius of the facility which is to be closed. Rutherford said this hearing would be held in Pontiac and others would be held in Springfield. He said he will regularly update the residents of Livingston County on the schedule for these hearings once they are set.

The commission must within 50 days after the closing recommendation issue an advisory opinion on the recommendation.