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Public Act 098-0065
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| HB1533 Enrolled | LRB098 09021 HLH 39157 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Personnel Code is amended by changing |
Section 4c as follows:
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(20 ILCS 415/4c) (from Ch. 127, par. 63b104c) |
Sec. 4c. General exemptions. The following positions in |
State
service shall be exempt from jurisdictions A, B, and C, |
unless the
jurisdictions shall be extended as provided in this |
Act:
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(1) All officers elected by the people.
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(2) All positions under the Lieutenant Governor, |
Secretary of State,
State Treasurer, State Comptroller, |
State Board of Education, Clerk of
the Supreme Court,
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Attorney General, and State Board of Elections.
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(3) Judges, and officers and employees of the courts, |
and notaries
public.
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(4) All officers and employees of the Illinois General |
Assembly, all
employees of legislative commissions, all |
officers and employees of the
Illinois Legislative |
Reference Bureau, the Legislative
Research Unit, and the |
Legislative Printing Unit.
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(5) All positions in the Illinois National Guard and |
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Illinois State
Guard, paid from federal funds or positions
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in the State Military Service filled by enlistment and paid |
from State
funds.
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(6) All employees of the Governor at the executive |
mansion and on
his immediate personal staff.
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(7) Directors of Departments, the Adjutant General, |
the Assistant
Adjutant General, the Director of the |
Illinois Emergency
Management Agency, members of boards |
and commissions, and all other
positions appointed by the |
Governor by and with the consent of the
Senate.
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(8) The presidents, other principal administrative |
officers, and
teaching, research and extension faculties |
of
Chicago State University, Eastern Illinois University, |
Governors State
University, Illinois State University, |
Northeastern Illinois University,
Northern Illinois |
University, Western Illinois University, the Illinois
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Community College Board, Southern Illinois
University, |
Illinois Board of Higher Education, University of
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Illinois, State Universities Civil Service System, |
University Retirement
System of Illinois, and the |
administrative officers and scientific and
technical staff |
of the Illinois State Museum.
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(9) All other employees except the presidents, other |
principal
administrative officers, and teaching, research |
and extension faculties
of the universities under the |
jurisdiction of the Board of Regents and
the colleges and |
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universities under the jurisdiction of the Board of
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Governors of State Colleges and Universities, Illinois |
Community College
Board, Southern Illinois University, |
Illinois Board of Higher Education,
Board of Governors of |
State Colleges and Universities, the Board of
Regents, |
University of Illinois, State Universities Civil Service
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System, University Retirement System of Illinois, so long |
as these are
subject to the provisions of the State |
Universities Civil Service Act.
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(10) The State Police so long as they are subject to |
the merit
provisions of the State Police Act.
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(11) (Blank).
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(12) The technical and engineering staffs of the |
Department of
Transportation, the Department of Nuclear |
Safety, the Pollution Control
Board, and the Illinois |
Commerce Commission, and the technical and engineering
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staff providing architectural and engineering services in |
the Department of
Central Management Services.
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(13) All employees of the Illinois State Toll Highway |
Authority.
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(14) The Secretary of the Illinois Workers' |
Compensation Commission.
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(15) All persons who are appointed or employed by the |
Director of
Insurance under authority of Section 202 of the |
Illinois Insurance Code
to assist the Director of Insurance |
in discharging his responsibilities
relating to the |
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rehabilitation, liquidation, conservation, and
dissolution |
of companies that are subject to the jurisdiction of the
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Illinois Insurance Code.
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(16) All employees of the St. Louis Metropolitan Area |
Airport
Authority.
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(17) All investment officers employed by the Illinois |
State Board of
Investment.
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(18) Employees of the Illinois Young Adult |
Conservation Corps program,
administered by the Illinois |
Department of Natural Resources, authorized
grantee under |
Title VIII of the Comprehensive
Employment and Training Act |
of 1973, 29 USC 993.
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(19) Seasonal employees of the Department of |
Agriculture for the
operation of the Illinois State Fair |
and the DuQuoin State Fair, no one
person receiving more |
than 29 days of such employment in any calendar year.
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(20) All "temporary" employees hired under the |
Department of Natural
Resources' Illinois Conservation |
Service, a youth
employment program that hires young people |
to work in State parks for a period
of one year or less.
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(21) All hearing officers of the Human Rights |
Commission.
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(22) All employees of the Illinois Mathematics and |
Science Academy.
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(23) All employees of the Kankakee River Valley Area
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Airport Authority.
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(24) The commissioners and employees of the Executive |
Ethics
Commission.
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(25) The Executive Inspectors General, including |
special Executive
Inspectors General, and employees of |
each Office of an
Executive Inspector General.
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(26) The commissioners and employees of the |
Legislative Ethics
Commission.
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(27) The Legislative Inspector General, including |
special Legislative
Inspectors General, and employees of |
the Office of
the Legislative Inspector General.
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(28) The Auditor General's Inspector General and |
employees of the Office
of the Auditor General's Inspector |
General.
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(29) All employees of the Illinois Power Agency. |
(30) Employees having demonstrable, defined advanced |
skills in accounting, financial reporting, or technical |
expertise who are employed within executive branch |
agencies and whose duties are directly related to the |
submission to the Office of the Comptroller of financial |
information for the publication of the Comprehensive |
Annual Financial Report (CAFR). |
(31) All employees of the Illinois Sentencing Policy |
Advisory Council. |
(Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12.)
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Section 10. The Unified Code of Corrections is amended by |
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changing Section 5-8-8 as follows:
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(730 ILCS 5/5-8-8) |
(Section scheduled to be repealed on December 31, 2015) |
Sec. 5-8-8. Illinois Sentencing Policy Advisory Council. |
(a) Creation. There is created under the jurisdiction of |
the Governor the Illinois Sentencing Policy Advisory Council, |
hereinafter referred to as the Council. |
(b) Purposes and goals. The purpose of the Council is to |
review sentencing policies and practices and examine how these |
policies and practices impact the criminal justice system as a |
whole in the State of Illinois.
In carrying out its duties, the |
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 |
this Code: |
(1) prescribe sanctions proportionate to the |
seriousness of the offenses and permit the recognition of |
differences in rehabilitation possibilities among |
individual offenders; |
(2) forbid and prevent the commission of offenses; |
(3) prevent arbitrary or oppressive treatment of |
persons adjudicated offenders or delinquents; and |
(4) restore offenders to useful citizenship. |
(c) Council composition. |
(1) The Council shall consist of the following members: |
(A) the President of the Senate, or his or her |
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designee; |
(B) the Minority Leader of the Senate, or his or |
her designee; |
(C) the Speaker of the House, or his or her |
designee; |
(D) the Minority Leader of the House, or his or her |
designee; |
(E) the Governor, or his or her designee; |
(F) the Attorney General, or his or her designee; |
(G) two retired judges, who may have been circuit, |
appellate, or supreme court judges; retired judges |
appointed prior to the effective date of this |
amendatory Act of the 98th General Assembly shall be , |
selected by the members of the Council designated in |
clauses (c)(1)(A) through (L), and retired judges |
appointed on or after the effective date of this |
amendatory Act of the 98th General Assembly shall be |
appointed by the Chief Justice of the Illinois Supreme |
Court; |
(G-5) two sitting judges, who may be circuit, |
appellate, or supreme court judges, appointed by the |
Chief Justice of the Supreme Court; one member |
appointed under this paragraph (G-5) shall be selected |
from the Circuit Court of Cook County or the First |
Judicial District, and one member appointed under this |
paragraph (G-5) shall be selected from a judicial |
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circuit or district other than the Circuit Court of |
Cook County or the First Judicial District; |
(H) the Cook County State's Attorney, or his or her |
designee; |
(I) the Cook County Public Defender, or his or her |
designee; |
(J) a State's Attorney not from Cook County, |
appointed by the State's Attorney's
Appellate |
Prosecutor; |
(K) the State Appellate Defender, or his or her |
designee; |
(L) the Director of the Administrative Office of |
the Illinois Courts, or his or her designee; |
(M) a victim of a violent felony or a |
representative of a crime victims' organization,
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selected by the members of the Council designated in |
clauses (c)(1)(A) through (L); |
(N) a representative of a community-based |
organization, selected by the members of
the Council |
designated in clauses (c)(1)(A) through (L); |
(O) a criminal justice academic researcher, to be |
selected by the members of the
Council designated in |
clauses (c)(1)(A) through (L); |
(P) a representative of law enforcement from a unit |
of local government to be
selected by the members of |
the Council designated in clauses (c)(1)(A) through |
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(L); |
(Q) a sheriff selected by the members of the |
Council designated in clauses (c)(1)(A) through (L); |
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(R) ex-officio members shall include: |
(i) the Director of Corrections, or his or her |
designee; |
(ii) the Chair of the Prisoner Review Board, or |
his or her designee; |
(iii) the Director of the Illinois State |
Police, or his or her designee; and |
(iv) the Director of the Illinois Criminal |
Justice Information Authority, or his
or her |
designee. ; and |
(v) the assistant Director of the |
Administrative Office of the Illinois Courts, or |
his or her designee. |
(1.5) The Chair and Vice Chair shall be elected from |
among its members by a majority of the members of the |
Council. |
(2) Members of the Council who serve because of their |
public office or position, or those who are designated as |
members by such officials, shall serve only as long as they |
hold such office or position. |
(3) Council members shall serve without compensation |
but shall be reimbursed for travel and per diem expenses |
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incurred in their work for the Council. |
(4) The Council may exercise any power, perform any |
function, take any action, or do anything in furtherance of |
its purposes and goals
upon the appointment of a quorum of |
its members. The term of office of each member of the |
Council ends on the date of repeal of this amendatory Act |
of the 96th General Assembly. |
(d) Duties. The Council shall perform, as resources permit, |
duties including: |
(1) Collect and analyze information including |
sentencing data, crime trends, and existing correctional |
resources to support legislative and executive action |
affecting the use of correctional resources on the State |
and local levels. |
(2) Prepare criminal justice population projections |
annually, including correctional and community-based |
supervision populations. |
(3) Analyze data relevant to proposed sentencing |
legislation and its effect on current policies or |
practices, and provide information to support |
evidence-based sentencing. |
(4) Ensure that adequate resources and facilities are |
available for carrying out sentences imposed on offenders |
and that rational priorities are established for the use of |
those resources. To do so, the Council shall prepare |
criminal justice resource statements, identifying the |
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fiscal and practical effects of proposed criminal |
sentencing legislation, including, but not limited to, the |
correctional population, court processes, and county or |
local government resources. |
(5) Perform such other studies or tasks pertaining to |
sentencing policies as may be requested by the Governor or |
the Illinois General Assembly. |
(6) Perform such other functions as may be required by |
law or as are necessary to carry out the purposes and goals |
of the Council prescribed in subsection (b). |
(e) Authority. |
(1) The Council shall have the power to perform the |
functions necessary to carry out its duties, purposes and |
goals under this Act. In so doing, the Council shall |
utilize information and analysis developed by the Illinois |
Criminal Justice Information Authority, the Administrative |
Office of the Illinois Courts, and the Illinois Department |
of Corrections. |
(2) Upon request from the Council, each executive |
agency and department of State and local government shall |
provide information and records to the Council in the |
execution of its duties. |
(f) Report. The Council shall report in writing annually to |
the General Assembly, the Illinois Supreme Court, and the |
Governor. |
(g) This Section is repealed on December 31, 2015.
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