Full Text of HB3151 101st General Assembly
HB3151enr 101ST GENERAL ASSEMBLY |
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| 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is amended by | 5 | | changing Section 5-8-8 as follows: | 6 | | (730 ILCS 5/5-8-8) | 7 | | (Section scheduled to be repealed on December 31, 2020) | 8 | | Sec. 5-8-8. Illinois Sentencing Policy Advisory Council. | 9 | | (a) Creation. There is created under the jurisdiction of | 10 | | the Governor the Illinois Sentencing Policy Advisory Council, | 11 | | hereinafter referred to as the Council. | 12 | | (b) Purposes and goals. The purpose of the Council is to | 13 | | review sentencing policies and practices and examine how these | 14 | | policies and practices impact the criminal justice system as a | 15 | | whole in the State of Illinois.
In carrying out its duties, the | 16 | | Council shall be mindful of and aim to achieve the purposes of
| 17 | | sentencing in Illinois, which are set out in Section 1-1-2 of | 18 | | this Code: | 19 | | (1) prescribe sanctions proportionate to the | 20 | | seriousness of the offenses and permit the recognition of | 21 | | differences in rehabilitation possibilities among | 22 | | individual offenders; | 23 | | (2) forbid and prevent the commission of offenses; |
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| 1 | | (3) prevent arbitrary or oppressive treatment of | 2 | | persons adjudicated offenders or delinquents; and | 3 | | (4) restore offenders to useful citizenship. | 4 | | (c) Council composition. | 5 | | (1) The Council shall consist of the following members: | 6 | | (A) the President of the Senate, or his or her | 7 | | designee; | 8 | | (B) the Minority Leader of the Senate, or his or | 9 | | her designee; | 10 | | (C) the Speaker of the House, or his or her | 11 | | designee; | 12 | | (D) the Minority Leader of the House, or his or her | 13 | | designee; | 14 | | (E) the Governor, or his or her designee; | 15 | | (F) the Attorney General, or his or her designee; | 16 | | (G) two retired judges, who may have been circuit, | 17 | | appellate, or supreme court judges; retired judges | 18 | | shall be selected by the members of the Council | 19 | | designated in clauses (c)(1)(A) through (L); | 20 | | (G-5) (blank); | 21 | | (H) the Cook County State's Attorney, or his or her | 22 | | designee; | 23 | | (I) the Cook County Public Defender, or his or her | 24 | | designee; | 25 | | (J) a State's Attorney not from Cook County, | 26 | | appointed by the State's Attorney's
Appellate |
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| 1 | | Prosecutor; | 2 | | (K) the State Appellate Defender, or his or her | 3 | | designee; | 4 | | (L) the Director of the Administrative Office of | 5 | | the Illinois Courts, or his or her designee; | 6 | | (M) a victim of a violent felony or a | 7 | | representative of a crime victims' organization,
| 8 | | selected by the members of the Council designated in | 9 | | clauses (c)(1)(A) through (L); | 10 | | (N) a representative of a community-based | 11 | | organization, selected by the members of
the Council | 12 | | designated in clauses (c)(1)(A) through (L); | 13 | | (O) a criminal justice academic researcher, to be | 14 | | selected by the members of the
Council designated in | 15 | | clauses (c)(1)(A) through (L); | 16 | | (P) a representative of law enforcement from a unit | 17 | | of local government to be
selected by the members of | 18 | | the Council designated in clauses (c)(1)(A) through | 19 | | (L); | 20 | | (Q) a sheriff outside of Cook County selected by | 21 | | the members of the Council designated in clauses | 22 | | (c)(1)(A) through (L); and | 23 | | (R) ex-officio members shall include: | 24 | | (i) the Director of Corrections, or his or her | 25 | | designee; | 26 | | (ii) the Chair of the Prisoner Review Board, or |
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| 1 | | his or her designee; | 2 | | (iii) the Director of the Illinois State | 3 | | Police, or his or her designee; and | 4 | | (iv) the Director of the Illinois Criminal | 5 | | Justice Information Authority, or his
or her | 6 | | designee ; and . | 7 | | (v) the Cook County Sheriff, or his or her | 8 | | designee. | 9 | | (1.5) The Chair and Vice Chair shall be elected from | 10 | | among its members by a majority of the members of the | 11 | | Council. | 12 | | (2) Members of the Council who serve because of their | 13 | | public office or position, or those who are designated as | 14 | | members by such officials, shall serve only as long as they | 15 | | hold such office or position. | 16 | | (3) Council members shall serve without compensation | 17 | | but shall be reimbursed for travel and per diem expenses | 18 | | incurred in their work for the Council. | 19 | | (4) The Council may exercise any power, perform any | 20 | | function, take any action, or do anything in furtherance of | 21 | | its purposes and goals
upon the appointment of a quorum of | 22 | | its members. The term of office of each member of the | 23 | | Council ends on the date of repeal of this amendatory Act | 24 | | of the 96th General Assembly. | 25 | | (5) The Council shall determine the qualifications for | 26 | | and hire the Executive Director. |
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| 1 | | (d) Duties. The Council shall perform, as resources permit, | 2 | | duties including: | 3 | | (1) Collect and analyze information including | 4 | | sentencing data, crime trends, and existing correctional | 5 | | resources to support legislative and executive action | 6 | | affecting the use of correctional resources on the State | 7 | | and local levels. | 8 | | (2) Prepare criminal justice population projections | 9 | | annually, including correctional and community-based | 10 | | supervision populations. | 11 | | (3) Analyze data relevant to proposed sentencing | 12 | | legislation and its effect on current policies or | 13 | | practices, and provide information to support | 14 | | evidence-based sentencing. | 15 | | (4) Ensure that adequate resources and facilities are | 16 | | available for carrying out sentences imposed on offenders | 17 | | and that rational priorities are established for the use of | 18 | | those resources. To do so, the Council shall prepare | 19 | | criminal justice resource statements, identifying the | 20 | | fiscal and practical effects of proposed criminal | 21 | | sentencing legislation, including, but not limited to, the | 22 | | correctional population, court processes, and county or | 23 | | local government resources. | 24 | | (4.5) Study and conduct a thorough analysis of | 25 | | sentencing under Section 5-4.5-110 of this Code. The | 26 | | Sentencing Policy Advisory Council shall provide annual |
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| 1 | | reports to the Governor and General Assembly, including the | 2 | | total number of persons sentenced under Section 5-4.5-110 | 3 | | of this Code, the total number of departures from sentences | 4 | | under Section 5-4.5-110 of this Code, and an analysis of | 5 | | trends in sentencing and departures. On or before December | 6 | | 31, 2022, the Sentencing Policy Advisory Council shall | 7 | | provide a report to the Governor and General Assembly on | 8 | | the effectiveness of sentencing under Section 5-4.5-110 of | 9 | | this Code, including recommendations on whether sentencing | 10 | | under Section 5-4.5-110 of this Code should be adjusted or | 11 | | continued. | 12 | | (5) Perform such other studies or tasks pertaining to | 13 | | sentencing policies as may be requested by the Governor or | 14 | | the Illinois General Assembly. | 15 | | (6) Perform such other functions as may be required by | 16 | | law or as are necessary to carry out the purposes and goals | 17 | | of the Council prescribed in subsection (b). | 18 | | (7) Publish a report on the trends in sentencing for | 19 | | offenders described in subsection (b-1) of Section 5-4-1 of | 20 | | this Code, the impact of the trends on the prison and | 21 | | probation populations, and any changes in the racial | 22 | | composition of the prison and probation populations that | 23 | | can be attributed to the changes made by adding subsection | 24 | | (b-1) of Section 5-4-1 to this Code by Public Act 99-861. | 25 | | (e) Authority. | 26 | | (1) The Council shall have the power to perform the |
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| 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, the Illinois Supreme Court, and the | 13 | | Governor. | 14 | | (g) (Blank). This Section is repealed on December 31, 2020.
| 15 | | (Source: P.A. 99-101, eff. 7-22-15; 99-533, eff. 7-8-16; | 16 | | 99-861, eff. 1-1-17; 100-3, eff. 1-1-18; 100-201, eff. | 17 | | 8-18-17 .)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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