Full Text of SB1320 96th General Assembly
SB1320enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| 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
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| 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 |
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| 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; |
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| (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,
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| 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 |
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| 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 |
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| 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 |
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| 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. |
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