HB5091eng 104TH GENERAL ASSEMBLY

HB5091 Engrossed LRB104 17675 RLC 31106 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Permanent Punishments Review Task Force Act.

Section 5. Purpose. The purpose of the Permanent Punishments Review Task Force is to research and analyze models for periodic evaluation, modification, and, as appropriate, elimination of statutory permanent punishments that impact people with criminal records and make recommendations to the General Assembly regarding adoption of such models. The work of the Task Force is predicated on the reality that collateral consequences of a criminal record often result in continued, and sometimes permanent, punishment of Illinoisans after serving their sentences, that many statutory permanent punishments are not rooted in data or evidence, and that these permanent punishments hurt, rather than help, the people and communities they were designed to protect.

Section 10. Definition. As used in this Act:

"Permanent punishment" means a penalty or disadvantage imposed because an individual has a criminal conviction or other criminal history that is not part of the criminal sentence. "Permanent punishment" does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment, or costs of prosecution.

Section 15. Creation; duties. The Permanent Punishments Review Task Force is created. The duties of the Task Force include:

(1) researching and analyzing the statutory permanent punishments under Illinois law;

(2) identifying factors and data relevant to determining whether a permanent punishment should be modified or eliminated based on available scholarship;

(3) identifying or developing models, or both, for periodic, systematic review of Illinois' permanent punishments laws; and

(4) analyzing such models, including potential funding requirements, and proposing recommendations to the General Assembly.

Section 20. Task Force composition.

(a) The Permanent Punishments Review Task Force shall be comprised of the following members, all of whom shall serve without compensation:

(1) the Executive Director of the Illinois Criminal Justice Information Authority, or the Executive Director's designee, who shall serve as an ex officio member and Chair;

(2) the Executive Director of a statewide coalition of people with criminal records that advocates to address permanent punishments, or the Executive Director's designee, appointed by the Chair, who shall serve as Vice Chair of the Task Force;

(3) the Director of Human Rights, or the Director's designee;

(4) the Secretary of Financial and Professional Regulation, or the Secretary's designee;

(5) the Director of Corrections, or the Director's designee;

(6) the Director of the Office of Reentry for the City of Chicago, or the Director's designee;

(7) a member of the Senate appointed by the President of the Senate;

(8) a member of the Senate appointed by the Senate Minority Leader;

(9) a member of the House of Representatives appointed by the Speaker of the House;

(10) a member of the House of Representatives appointed by the House Minority Leader;

(11) a representative of an organization that advocates on behalf of incarcerated and formerly incarcerated women, who shall be appointed by the Chair and Vice Chair;

(12) a representative of an association representing Public Defenders, appointed by the Chair and Vice Chair;

(13) a representative of an association representing State's Attorneys appointed by the Chair and Vice Chair;

(14) a representative of an organization that provides re-entry services statewide, appointed by the Chair and Vice Chair;

(15) a representative of an organization comprised of people with a criminal record headquartered in a Southern Illinois community with a population of less than 50,000 people, appointed by the Chair and Vice Chair;

(16) a representative of an organization that advocates on behalf of crime victims, appointed by the Chair and Vice Chair;

(17) a representative of an organization that provides legal representation and policy advocacy on behalf of victims of sexual assault, appointed by the Chair and Vice Chair;

(18) a representative of an organization that administers a hotline for victims of domestic violence, appointed by the Chair and Vice Chair;

(19) a representative of an organization that aims to reduce violence, decrease prison recidivism, and make the criminal legal system more equitable, who shall be appointed by the Chair and Vice Chair;

(20) the Executive Director of the Illinois Sentencing Policy Advisory Council, or the Executive Director's designee; and

(21) the Director of Juvenile Justice, or the Director's designee.

(b) The Vice Chair shall advise the Chair or the Chair's designee on appointments to the Task Force, convenings of the Task Force, and the substantive work of the Task Force.

Section 25. Illinois Criminal Justice Information Authority; administrative support. The Illinois Criminal Justice Information Authority shall provide administrative and other support to the Task Force. The Illinois Criminal Justice Information Authority may collaborate with the Vice Chairing organization to help provide this support.

Section 30. Meetings of Task Force; report to the General Assembly. The Task Force may meet in person or virtually, and shall issue a written report summarizing the research and findings of the Task Force and its recommendations to the General Assembly on or before September 1, 2028.

Section 35. Convening of the Task Force. The Task Force shall be appointed within 120 days of the effective date of this Act and the Chair shall convene the Task Force for its initial meeting 150 days after the effective date of this Act.

Section 40. Repeal. This Act is repealed on January 1, 2029.

Section 99. Effective date. This Act takes effect upon becoming law.