Public Act 098-0065
 
HB1533 EnrolledLRB098 09021 HLH 39157 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Personnel Code is amended by changing
Section 4c as follows:
 
    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
    Sec. 4c. General exemptions. The following positions in
State service shall be exempt from jurisdictions A, B, and C,
unless the jurisdictions shall be extended as provided in this
Act:
        (1) All officers elected by the people.
        (2) All positions under the Lieutenant Governor,
    Secretary of State, State Treasurer, State Comptroller,
    State Board of Education, Clerk of the Supreme Court,
    Attorney General, and State Board of Elections.
        (3) Judges, and officers and employees of the courts,
    and notaries public.
        (4) All officers and employees of the Illinois General
    Assembly, all employees of legislative commissions, all
    officers and employees of the Illinois Legislative
    Reference Bureau, the Legislative Research Unit, and the
    Legislative Printing Unit.
        (5) All positions in the Illinois National Guard and
    Illinois State Guard, paid from federal funds or positions
    in the State Military Service filled by enlistment and paid
    from State funds.
        (6) All employees of the Governor at the executive
    mansion and on his immediate personal staff.
        (7) Directors of Departments, the Adjutant General,
    the Assistant Adjutant General, the Director of the
    Illinois Emergency Management Agency, members of boards
    and commissions, and all other positions appointed by the
    Governor by and with the consent of the Senate.
        (8) The presidents, other principal administrative
    officers, and teaching, research and extension faculties
    of Chicago State University, Eastern Illinois University,
    Governors State University, Illinois State University,
    Northeastern Illinois University, Northern Illinois
    University, Western Illinois University, the Illinois
    Community College Board, Southern Illinois University,
    Illinois Board of Higher Education, University of
    Illinois, State Universities Civil Service System,
    University Retirement System of Illinois, and the
    administrative officers and scientific and technical staff
    of the Illinois State Museum.
        (9) All other employees except the presidents, other
    principal administrative officers, and teaching, research
    and extension faculties of the universities under the
    jurisdiction of the Board of Regents and the colleges and
    universities under the jurisdiction of the Board of
    Governors of State Colleges and Universities, Illinois
    Community College Board, Southern Illinois University,
    Illinois Board of Higher Education, Board of Governors of
    State Colleges and Universities, the Board of Regents,
    University of Illinois, State Universities Civil Service
    System, University Retirement System of Illinois, so long
    as these are subject to the provisions of the State
    Universities Civil Service Act.
        (10) The State Police so long as they are subject to
    the merit provisions of the State Police Act.
        (11) (Blank).
        (12) The technical and engineering staffs of the
    Department of Transportation, the Department of Nuclear
    Safety, the Pollution Control Board, and the Illinois
    Commerce Commission, and the technical and engineering
    staff providing architectural and engineering services in
    the Department of Central Management Services.
        (13) All employees of the Illinois State Toll Highway
    Authority.
        (14) The Secretary of the Illinois Workers'
    Compensation Commission.
        (15) All persons who are appointed or employed by the
    Director of Insurance under authority of Section 202 of the
    Illinois Insurance Code to assist the Director of Insurance
    in discharging his responsibilities relating to the
    rehabilitation, liquidation, conservation, and dissolution
    of companies that are subject to the jurisdiction of the
    Illinois Insurance Code.
        (16) All employees of the St. Louis Metropolitan Area
    Airport Authority.
        (17) All investment officers employed by the Illinois
    State Board of Investment.
        (18) Employees of the Illinois Young Adult
    Conservation Corps program, administered by the Illinois
    Department of Natural Resources, authorized grantee under
    Title VIII of the Comprehensive Employment and Training Act
    of 1973, 29 USC 993.
        (19) Seasonal employees of the Department of
    Agriculture for the operation of the Illinois State Fair
    and the DuQuoin State Fair, no one person receiving more
    than 29 days of such employment in any calendar year.
        (20) All "temporary" employees hired under the
    Department of Natural Resources' Illinois Conservation
    Service, a youth employment program that hires young people
    to work in State parks for a period of one year or less.
        (21) All hearing officers of the Human Rights
    Commission.
        (22) All employees of the Illinois Mathematics and
    Science Academy.
        (23) All employees of the Kankakee River Valley Area
    Airport Authority.
        (24) The commissioners and employees of the Executive
    Ethics Commission.
        (25) The Executive Inspectors General, including
    special Executive Inspectors General, and employees of
    each Office of an Executive Inspector General.
        (26) The commissioners and employees of the
    Legislative Ethics Commission.
        (27) The Legislative Inspector General, including
    special Legislative Inspectors General, and employees of
    the Office of the Legislative Inspector General.
        (28) The Auditor General's Inspector General and
    employees of the Office of the Auditor General's Inspector
    General.
        (29) All employees of the Illinois Power Agency.
        (30) Employees having demonstrable, defined advanced
    skills in accounting, financial reporting, or technical
    expertise who are employed within executive branch
    agencies and whose duties are directly related to the
    submission to the Office of the Comptroller of financial
    information for the publication of the Comprehensive
    Annual Financial Report (CAFR).
        (31) All employees of the Illinois Sentencing Policy
    Advisory Council.
(Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12.)
 
    Section 10. The Unified Code of Corrections is amended by
changing Section 5-8-8 as follows:
 
    (730 ILCS 5/5-8-8)
    (Section scheduled to be repealed on December 31, 2015)
    Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
    (a) Creation. There is created under the jurisdiction of
the Governor the Illinois Sentencing Policy Advisory Council,
hereinafter referred to as the Council.
    (b) Purposes and goals. The purpose of the Council is to
review sentencing policies and practices and examine how these
policies and practices impact the criminal justice system as a
whole in the State of Illinois. In carrying out its duties, the
Council shall be mindful of and aim to achieve the purposes of
sentencing in Illinois, which are set out in Section 1-1-2 of
this Code:
        (1) prescribe sanctions proportionate to the
    seriousness of the offenses and permit the recognition of
    differences in rehabilitation possibilities among
    individual offenders;
        (2) forbid and prevent the commission of offenses;
        (3) prevent arbitrary or oppressive treatment of
    persons adjudicated offenders or delinquents; and
        (4) restore offenders to useful citizenship.
    (c) Council composition.
        (1) The Council shall consist of the following members:
            (A) the President of the Senate, or his or her
        designee;
            (B) the Minority Leader of the Senate, or his or
        her designee;
            (C) the Speaker of the House, or his or her
        designee;
            (D) the Minority Leader of the House, or his or her
        designee;
            (E) the Governor, or his or her designee;
            (F) the Attorney General, or his or her designee;
            (G) two retired judges, who may have been circuit,
        appellate, or supreme court judges; retired judges
        appointed prior to the effective date of this
        amendatory Act of the 98th General Assembly shall be ,
        selected by the members of the Council designated in
        clauses (c)(1)(A) through (L), and retired judges
        appointed on or after the effective date of this
        amendatory Act of the 98th General Assembly shall be
        appointed by the Chief Justice of the Illinois Supreme
        Court;
            (G-5) two sitting judges, who may be circuit,
        appellate, or supreme court judges, appointed by the
        Chief Justice of the Supreme Court; one member
        appointed under this paragraph (G-5) shall be selected
        from the Circuit Court of Cook County or the First
        Judicial District, and one member appointed under this
        paragraph (G-5) shall be selected from a judicial
        circuit or district other than the Circuit Court of
        Cook County or the First Judicial District;
            (H) the Cook County State's Attorney, or his or her
        designee;
            (I) the Cook County Public Defender, or his or her
        designee;
            (J) a State's Attorney not from Cook County,
        appointed by the State's Attorney's Appellate
        Prosecutor;
            (K) the State Appellate Defender, or his or her
        designee;
            (L) the Director of the Administrative Office of
    the Illinois Courts, or his or her designee;
            (M) a victim of a violent felony or a
        representative of a crime victims' organization,
        selected by the members of the Council designated in
        clauses (c)(1)(A) through (L);
            (N) a representative of a community-based
        organization, selected by the members of the Council
        designated in clauses (c)(1)(A) through (L);
            (O) a criminal justice academic researcher, to be
        selected by the members of the Council designated in
        clauses (c)(1)(A) through (L);
            (P) a representative of law enforcement from a unit
        of local government to be selected by the members of
        the Council designated in clauses (c)(1)(A) through
        (L);
            (Q) a sheriff selected by the members of the
        Council designated in clauses (c)(1)(A) through (L);
        and
            (R) ex-officio members shall include:
                (i) the Director of Corrections, or his or her
            designee;
                (ii) the Chair of the Prisoner Review Board, or
            his or her designee;
                (iii) the Director of the Illinois State
            Police, or his or her designee; and
                (iv) the Director of the Illinois Criminal
            Justice Information Authority, or his or her
            designee. ; and
                (v) the assistant Director of the
            Administrative Office of the Illinois Courts, or
            his or her designee.
        (1.5) The Chair and Vice Chair shall be elected from
    among its members by a majority of the members of the
    Council.
        (2) Members of the Council who serve because of their
    public office or position, or those who are designated as
    members by such officials, shall serve only as long as they
    hold such office or position.
        (3) Council members shall serve without compensation
    but shall be reimbursed for travel and per diem expenses
    incurred in their work for the Council.
        (4) The Council may exercise any power, perform any
    function, take any action, or do anything in furtherance of
    its purposes and goals upon the appointment of a quorum of
    its members. The term of office of each member of the
    Council ends on the date of repeal of this amendatory Act
    of the 96th General Assembly.
    (d) Duties. The Council shall perform, as resources permit,
duties including:
        (1) Collect and analyze information including
    sentencing data, crime trends, and existing correctional
    resources to support legislative and executive action
    affecting the use of correctional resources on the State
    and local levels.
        (2) Prepare criminal justice population projections
    annually, including correctional and community-based
    supervision populations.
        (3) Analyze data relevant to proposed sentencing
    legislation and its effect on current policies or
    practices, and provide information to support
    evidence-based sentencing.
        (4) Ensure that adequate resources and facilities are
    available for carrying out sentences imposed on offenders
    and that rational priorities are established for the use of
    those resources. To do so, the Council shall prepare
    criminal justice resource statements, identifying the
    fiscal and practical effects of proposed criminal
    sentencing legislation, including, but not limited to, the
    correctional population, court processes, and county or
    local government resources.
        (5) Perform such other studies or tasks pertaining to
    sentencing policies as may be requested by the Governor or
    the Illinois General Assembly.
        (6) Perform such other functions as may be required by
    law or as are necessary to carry out the purposes and goals
    of the Council prescribed in subsection (b).
    (e) Authority.
        (1) The Council shall have the power to perform the
    functions necessary to carry out its duties, purposes and
    goals under this Act. In so doing, the Council shall
    utilize information and analysis developed by the Illinois
    Criminal Justice Information Authority, the Administrative
    Office of the Illinois Courts, and the Illinois Department
    of Corrections.
        (2) Upon request from the Council, each executive
    agency and department of State and local government shall
    provide information and records to the Council in the
    execution of its duties.
    (f) Report. The Council shall report in writing annually to
the General Assembly, the Illinois Supreme Court, and the
Governor.
    (g) This Section is repealed on December 31, 2015.
(Source: P.A. 96-711, eff. 8-25-09; 96-1000, eff. 7-2-10;
97-775, eff. 7-13-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/15/2013