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Public Act 099-0101
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| HB3587 Enrolled | LRB099 09401 RLC 29608 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by |
changing Section 5-8-8 as follows:
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(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(Section scheduled to be repealed on December 31, 2015) |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
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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; |
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(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, |
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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,
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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); |
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(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. |
(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 |
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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 |
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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 |