Sen. John J. Cullerton
Filed: 5/26/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1320




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    AMENDMENT NO. ______. Amend Senate Bill 1320 by replacing 
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everything after the enacting clause with the following:

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

In carrying out its duties, the 
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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 
 


 






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this Code:
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        (1) prescribe sanctions proportionate to the 
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    seriousness of the offenses and permit the recognition of 
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    differences in rehabilitation possibilities among 
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    individual offenders;
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        (2) forbid and prevent the commission of offenses;
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        (3) prevent arbitrary or oppressive treatment of 
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    persons adjudicated offenders or delinquents; and
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        (4) restore offenders to useful citizenship.
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    (c) Council composition.
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        (1) The Council shall consist of the following members:
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            (A) the President of the Senate or his or her 
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        designee;
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            (B) the Minority Leader of the Senate or his or her 
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        designee;
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            (C) the Speaker of the House or his or her 
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        designee;
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            (D) the Minority Leader of the House or his or her 
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        designee;
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            (E) the Governor, or his or her designee;
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            (F) the Attorney General, or his or her designee;
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            (G) two retired judges, who may have been circuit, 
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    appellate or supreme court judges, selected by the members 
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    of the Council designated in clauses (c)(1) (A) through 
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    (L); 
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            (H) the Cook County State's Attorney, or his or her 
 


 






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        designee;
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            (I) the Cook County Public Defender, or his or her 
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        designee;
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            (J) a State's Attorney not from Cook County, 
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        appointed by the State's Attorney's
Appellate 
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        Prosecutor;
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            (K) the State Appellate Defender, or his or her 
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        designee;
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            (L) the Director of the Administrative Office of 
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    the Illinois Courts, or his or her designee; 
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            (M) a victim of a violent felony or a 
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        representative of a crime victims' organization,

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        selected by the members of the Council designated in 
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        clauses (c)(1)(A) through (L);
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            (N) a representative of a community-based 
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        organization, selected by the members of
the Council 
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        designated in clauses (c)(1)(A) through ((L);
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            (O) a criminal justice academic researcher, to be 
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        selected by the members of the
Council designated in 
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        clauses (c)(1)(A) through ((L));
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            (P) a representative of law enforcement from a unit 
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        of local government to be
selected by the members of 
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        the Council designated in clauses (c)(1)(A) through 
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        ((L));
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            (Q) a sheriff selected by the members of the 
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        Council designated in clauses (c)(1)(A) through ((L));
 


 






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            (R) ex-officio members shall include:
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                (i) the Director of Corrections, or his or her 
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            designee;
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                (ii) the Chair of the Prisoner Review Board, or 
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            his or her designee;
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                (iii) the Director of the Illinois State 
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            Police, or his or her designee;
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                (iv) the Director of the Illinois Criminal 
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            Justice Information Authority, or his
or her 
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            designee; and
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                (v)  the assistant Director of the 
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            Administrative Office of the Illinois Courts, or 
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            his or her designee; and
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            (T) the Chair and Vice Chair shall be elected from 
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        among its members by a majority of the members of the 
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        Council.
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        (2) Members of the Council who serve because of their 
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    public office or position, or those who are designated as 
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    members by such officials, shall serve only as long as they 
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    hold such office or position.
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        (3) Council members shall serve without compensation 
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    but shall be reimbursed for travel and per diem expenses 
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    incurred in their work for the Council.
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        (4)  The Council may exercise any power, perform any 
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    function, take any action, or do anything in furtherance of 
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    its purposes and goals

upon the appointment of a quorum of 
 


 






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    its members. The term of office of each member of the 
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    Council ends on the date of repeal of this amendatory Act 
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    of the 96th General Assembly. 
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    (d) Duties.  The Council shall perform, as resources permit, 
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duties including:
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        (1) Collect and analyze information including 
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    sentencing data, crime trends, and existing correctional 
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    resources to support legislative and executive action 
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    affecting the use of correctional resources on the State 
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    and local levels.
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        (2) Prepare criminal justice population projections 
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    annually, including correctional and community-based 
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    supervision populations.
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        (3) Analyze data relevant to proposed sentencing 
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    legislation and its effect on current policies or 
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    practices, and provide information to support 
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    evidence-based sentencing.
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        (4) Ensure that adequate resources and facilities are 
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    available for carrying out sentences imposed on offenders 
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    and that rational priorities are established for the use of 
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    those resources. To do so, the Council shall prepare 
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    criminal justice resource statements, identifying the 
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    fiscal and practical effects of proposed criminal 
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    sentencing legislation, including, but not limited to, the 
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    correctional population, court processes, and county or 
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    local government resources.
 


 






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        (5) Perform such other studies or tasks pertaining to 
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    sentencing policies as may be requested by the Governor or 
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    the Illinois General Assembly.
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        (6) Perform such other functions as may be required by 
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    law or as are necessary to carry out the purposes and goals 
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    of the Council prescribed in subsection (b).
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    (e) Authority.
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        (1) The Council shall have the power to perform the 
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    functions necessary to carry out its duties, purposes and 
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    goals under this Act. In so doing, the Council shall 
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    utilize information and analysis developed by the Illinois 
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    Criminal Justice Information Authority, the Administrative 
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    Office of the Illinois Courts, and the Illinois Department 
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    of Corrections.
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        (2) Upon request from the Council, each executive 
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    agency and department of State and local government shall 
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    provide information and records to the Council in the 
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    execution of its duties.
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    (f) Report.  The Council shall report in writing annually to 
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the General Assembly and  the Governor.
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    (g)  This Section is repealed on December 31, 2012. 

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