HB3815 100TH GENERAL ASSEMBLY

LRB100 10964 RLC 21201 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3815

Introduced , by Rep. Elaine Nekritz

SYNOPSIS AS INTRODUCED:

20 ILCS 415/4c	from Ch. 127, par. 63b104c
20 ILCS 3930/16 new
730 ILCS 5/5-8-8
730 ILCS 5/5-8-9 new

Amends the Personnel Code. Provides for exemption from the Code of employees having demonstrable, defined advanced skills in statistical research and data analytics who are employed in research and analysis units of executive branch agencies or whose duties are primarily focused on developing information sharing capabilities across executive branch agencies and between State agencies and units of local government. Amends the Criminal Justice Information Act. Abolishes the Illinois Integrated Justice System Implementation Board. Amends the Unified Code of Corrections. Creates the Illinois State Criminal Justice Data, Research, and Implementation Advisory Committee to (1) examine existing State and local criminal justice data collection systems and assess agencies' capacities to effectively analyze data and evaluate criminal justice trends and programming based on national best practices; and (2) publish an annual report, detailing its findings and recommendations to the General Assembly and the Governor. Provides that the administrative support for the Committee shall be provided by the Illinois Sentencing Policy Advisory Council. Provides that each department, agency, board, or authority of the State or any unit of local government shall provide records or other information to the Committee as requested by the Committee to carry out its duties, provided that the Committee and provider of the information shall make appropriate arrangements to ensure that the Committee and provider of the information to the Committee does not violate any applicable laws.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning data.

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

Section 5. The Personnel Code is amended by changing Section 4c as follows:

(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:

(1) All officers elected by the people.

(2) All positions under the Lieutenant Governor, Secretary of State, State Treasurer, State Comptroller, State Board of Education, Clerk of the Supreme Court, Attorney General, and State Board of Elections.

(3) Judges, and officers and employees of the courts, and notaries public.

(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.

(5) All positions in the Illinois National Guard and Illinois State Guard, paid from federal funds or positions in the State Military Service filled by enlistment and paid from State funds.

(6) All employees of the Governor at the executive mansion and on his immediate personal staff.

(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.

(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 Community College Board, Southern Illinois University, Illinois Board of Higher Education, University of 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.

(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 universities under the jurisdiction of the Board of 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 System, University Retirement System of Illinois, so long as these are subject to the provisions of the State Universities Civil Service Act.

(10) The State Police so long as they are subject to the merit provisions of the State Police Act.

(11) (Blank).

(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 staff providing architectural and engineering services in the Department of Central Management Services.

(13) All employees of the Illinois State Toll Highway Authority.

(14) The Secretary of the Illinois Workers' Compensation Commission.

(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 rehabilitation, liquidation, conservation, and dissolution of companies that are subject to the jurisdiction of the Illinois Insurance Code.

(16) All employees of the St. Louis Metropolitan Area Airport Authority.

(17) All investment officers employed by the Illinois State Board of Investment.

(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.

(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.

(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.

(21) All hearing officers of the Human Rights Commission.

(22) All employees of the Illinois Mathematics and Science Academy.

(23) All employees of the Kankakee River Valley Area Airport Authority.

(24) The commissioners and employees of the Executive Ethics Commission.

(25) The Executive Inspectors General, including special Executive Inspectors General, and employees of each Office of an Executive Inspector General.

(26) The commissioners and employees of the Legislative Ethics Commission.

(27) The Legislative Inspector General, including special Legislative Inspectors General, and employees of the Office of the Legislative Inspector General.

(28) The Auditor General's Inspector General and employees of the Office of the Auditor General's Inspector General.

(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.

(32) Employees having demonstrable, defined advanced skills in statistical research and data analytics who are employed in research and analysis units of executive branch agencies or whose duties are primarily focused on developing information sharing capabilities across executive branch agencies and between State agencies and units of local government.

(Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12; 98-65, eff. 7-15-13.)

Section 10. The Illinois Criminal Justice Information Act is amended by adding Section 16 as follows:

(20 ILCS 3930/16 new)

Sec. 16. Illinois Integrated Justice System Implementation Board; abolition. The General Assembly finds that the Illinois Integrated Justice System Implementation Board, created by Executive Order 2003-16 and codified as Sections 1760.100 through 1760.600 in Title 2 of the Illinois Administrative Code, has failed to fulfill its mandate and is no longer active, specifically: no meetings of the Board have been held since 2004, the Board last filed a report of its activities (as required by Executive Order 2003-16) in 2004, and that no appointments have been made to the Board for an indeterminate period of time and the only currently named Board members reported by the Legislative Research Unit are ex-officio members. Therefore, the Illinois Integrated Justice System Implementation Board is abolished, and Sections 1760.100 through 1760.600 in Title 2 of the Illinois Administrative Code are repealed and without effect on and after the effective date of this amendatory Act of the 100th General Assembly.

Section 15. The Unified Code of Corrections is amended by changing Section 5-8-8 and by adding Section 5-8-9 as follows:

(730 ILCS 5/5-8-8)

(Section scheduled to be repealed on December 31, 2020)

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 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 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 shall be selected by the members of the Council designated in clauses (c)(1)(A) through (L);

(G-5) (blank);

(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, 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 (L);

(Q) a sheriff selected by the members of the Council designated in clauses (c)(1)(A) through (L); and

(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.

(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 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.

(1.5) To provide administrative support to the Illinois State Criminal Justice Data, Research, and Implementation Committee established in Section 5-8-9 of this Code.

(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 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).

(7) Publish a report on the trends in sentencing for offenders described in subsection (b-1) of Section 5-4-1 of this Code, the impact of the trends on the prison and probation populations, and any changes in the racial composition of the prison and probation populations that can be attributed to the changes made by adding subsection (b-1) of Section 5-4-1 to this Code by Public Act 99-861 this amendatory Act of the 99th General Assembly.

(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, 2020.

(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15; 99-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)

(730 ILCS 5/5-8-9 new)

Sec. 5-8-9. Illinois State Criminal Justice Data, Research, and Implementation Committee.

(a) The General Assembly acknowledges that State criminal justice agencies need to collect and analyze data and to evaluate programming so that these agencies can help policy makers determine that efforts to control crime and reduce victimization are effective. The General Assembly believes that an advisory group should be created to ensure that State criminal justice agencies have access to the data needed and capacities required to analyze criminal justice trends and evaluate programming.

(b) The Illinois State Criminal Justice Data, Research, and Implementation Advisory Committee is hereby created. The Committee shall:

(1) examine existing State and local criminal justice data collection systems and assess agencies' capacities to effectively analyze data and evaluate criminal justice trends and programming based on national best practices; and

(2) publish an annual report, detailing its findings and recommendations to the General Assembly and the Governor.

(c) The Committee shall consist of the following members:

(1) the Executive Director of the Sentencing Policy Advisory Council, who shall serve as co-chairperson;

(2) the Associate Research Director of the Research & Analysis Unit and the Illinois Statistical Analysis Center at the Illinois Criminal Justice Information Authority, who shall serve as co-chair person;

(3) the Director of State Police, or his or her designee;

(4) the Director of Corrections, or his or her designee;

(5) the Director of Juvenile Justice, or his or her designee;

(6) the Director of the Prisoner Review Board, or his or her designee;

(7) the Director of the Department of Innovation and Technology, or his or her designee;

(8) the Director of the Administrative Office of the Illinois Courts, or his or her designee;

(9) 2 researchers that have experience working with administrative data appointed by the co-chairs of the Committee;

(10) a member of the House of Representative appointed by the Speaker of the House of Representatives and a member of the Senate appointed by the President of the Senate, one of whom shall serve as co-chairperson;

(11) a member of the Senate appointed by the Minority Leader of the Senate; and

(12) a member of the House of Representatives appointed by the Minority Leader of the House of Representatives;

(d) Administrative support for the Committee shall be provided by the Illinois Sentencing Policy Advisory Council.

(e) Each department, agency, board, or authority of the State or any unit of local government shall provide records or other information to the Committee as requested by the Committee to carry out its duties, provided that the Committee and provider of the information shall make appropriate arrangements to ensure that the Committee and provider of the information to the Committee does not violate any applicable laws.