SB1320 Engrossed

LRB096 09464 RLC 19621 b






1
    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 

 
4
    Section 5. The Unified Code of Corrections is amended  by 
5
adding Section 5-8-8 as follows:
 
6
    (730 ILCS 5/5-8-8  new)
7
    Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
8
    (a) Creation.  There is created under the jurisdiction of 
9
the Governor the Illinois Sentencing Policy Advisory Council, 
10
hereinafter referred to as the Council.
11
    (b)  Purposes and goals.  The purpose of the Council is to 
12
review sentencing policies and practices and examine how these 
13
policies and practices impact the criminal justice system as a 
14
whole in the State of Illinois.

In carrying out its duties, the 
15
Council shall be mindful of and aim to achieve the purposes of

16
sentencing in Illinois, which are set out in Section 1-1-2 of 
17
this Code:
18
        (1) prescribe sanctions proportionate to the 
19
    seriousness of the offenses and permit the recognition of 
20
    differences in rehabilitation possibilities among 
21
    individual offenders;
22
        (2) forbid and prevent the commission of offenses;
23
        (3) prevent arbitrary or oppressive treatment of 
 


 






SB1320 Engrossed
- 2 -
LRB096 09464 RLC 19621 b




1
    persons adjudicated offenders or delinquents; and
2
        (4) restore offenders to useful citizenship.
3
    (c) Council composition.
4
        (1) The Council shall consist of the following members:
5
            (A) the President of the Senate, or his or her 
6
        designee;
7
            (B) the Minority Leader of the Senate, or his or 
8
        her designee;
9
            (C) the Speaker of the House, or his or her 
10
        designee;
11
            (D) the Minority Leader of the House, or his or her 
12
        designee;
13
            (E) the Governor, or his or her designee;
14
            (F) the Attorney General, or his or her designee;
15
            (G) two retired judges, who may have been circuit, 
16
    appellate or supreme court judges, selected by the members 
17
    of the Council designated in clauses (c)(1)(A) through (L); 
18
            (H) the Cook County State's Attorney, or his or her 
19
        designee;
20
            (I) the Cook County Public Defender, or his or her 
21
        designee;
22
            (J) a State's Attorney not from Cook County, 
23
        appointed by the State's Attorney's
Appellate 
24
        Prosecutor;
25
            (K) the State Appellate Defender, or his or her 
26
        designee;
 


 






SB1320 Engrossed
- 3 -
LRB096 09464 RLC 19621 b




1
            (L) the Director of the Administrative Office of 
2
    the Illinois Courts, or his or her designee; 
3
            (M) a victim of a violent felony or a 
4
        representative of a crime victims' organization,

5
        selected by the members of the Council designated in 
6
        clauses (c)(1)(A) through (L);
7
            (N) a representative of a community-based 
8
        organization, selected by the members of
the Council 
9
        designated in clauses (c)(1)(A) through (L);
10
            (O) a criminal justice academic researcher, to be 
11
        selected by the members of the
Council designated in 
12
        clauses (c)(1)(A) through (L);
13
            (P) a representative of law enforcement from a unit 
14
        of local government to be
selected by the members of 
15
        the Council designated in clauses (c)(1)(A) through 
16
        (L);
17
            (Q) a sheriff selected by the members of the 
18
        Council designated in clauses (c)(1)(A) through (L);
19
            (R) ex-officio members shall include:
20
                (i) the Director of Corrections, or his or her 
21
            designee;
22
                (ii) the Chair of the Prisoner Review Board, or 
23
            his or her designee;
24
                (iii) the Director of the Illinois State 
25
            Police, or his or her designee;
26
                (iv) the Director of the Illinois Criminal 
 


 






SB1320 Engrossed
- 4 -
LRB096 09464 RLC 19621 b




1
            Justice Information Authority, or his
or her 
2
            designee; and
3
                (v)  the assistant Director of the 
4
            Administrative Office of the Illinois Courts, or 
5
            his or her designee; and
6
            (T) the Chair and Vice Chair shall be elected from 
7
        among its members by a majority of the members of the 
8
        Council.
9
        (2) Members of the Council who serve because of their 
10
    public office or position, or those who are designated as 
11
    members by such officials, shall serve only as long as they 
12
    hold such office or position.
13
        (3) Council members shall serve without compensation 
14
    but shall be reimbursed for travel and per diem expenses 
15
    incurred in their work for the Council.
16
        (4)  The Council may exercise any power, perform any 
17
    function, take any action, or do anything in furtherance of 
18
    its purposes and goals

upon the appointment of a quorum of 
19
    its members. The term of office of each member of the 
20
    Council ends on the date of repeal of this amendatory Act 
21
    of the 96th General Assembly. 
22
    (d) Duties.  The Council shall perform, as resources permit, 
23
duties including:
24
        (1) Collect and analyze information including 
25
    sentencing data, crime trends, and existing correctional 
26
    resources to support legislative and executive action 
 


 






SB1320 Engrossed
- 5 -
LRB096 09464 RLC 19621 b




1
    affecting the use of correctional resources on the State 
2
    and local levels.
3
        (2) Prepare criminal justice population projections 
4
    annually, including correctional and community-based 
5
    supervision populations.
6
        (3) Analyze data relevant to proposed sentencing 
7
    legislation and its effect on current policies or 
8
    practices, and provide information to support 
9
    evidence-based sentencing.
10
        (4) Ensure that adequate resources and facilities are 
11
    available for carrying out sentences imposed on offenders 
12
    and that rational priorities are established for the use of 
13
    those resources. To do so, the Council shall prepare 
14
    criminal justice resource statements, identifying the 
15
    fiscal and practical effects of proposed criminal 
16
    sentencing legislation, including, but not limited to, the 
17
    correctional population, court processes, and county or 
18
    local government resources.
19
        (5) Perform such other studies or tasks pertaining to 
20
    sentencing policies as may be requested by the Governor or 
21
    the Illinois General Assembly.
22
        (6) Perform such other functions as may be required by 
23
    law or as are necessary to carry out the purposes and goals 
24
    of the Council prescribed in subsection (b).
25
    (e) Authority.
26
        (1) The Council shall have the power to perform the 
 


 






SB1320 Engrossed
- 6 -
LRB096 09464 RLC 19621 b




1
    functions necessary to carry out its duties, purposes and 
2
    goals under this Act. In so doing, the Council shall 
3
    utilize information and analysis developed by the Illinois 
4
    Criminal Justice Information Authority, the Administrative 
5
    Office of the Illinois Courts, and the Illinois Department 
6
    of Corrections.
7
        (2) Upon request from the Council, each executive 
8
    agency and department of State and local government shall 
9
    provide information and records to the Council in the 
10
    execution of its duties.
11
    (f) Report.  The Council shall report in writing annually to 
12
the General Assembly and  the Governor.
13
    (g)  This Section is repealed on December 31, 2012. 
 
14
    Section 99. Effective date. This Act takes effect upon 
15
becoming law.