98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1533
 
Introduced , by Rep. Elaine Nekritz
 
SYNOPSIS AS INTRODUCED:
 

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

     Amends the Personnel Code.  Provides that employees of the Sentencing Policy Advisory Council are exempt from the provisions of the Code.  Amends the Code of Corrections.  Expands the membership of the Council. Effective immediately.
  


LRB098 09021 HLH 39157 b

 
 
A BILL FOR
 

  
HB1533LRB098 09021 HLH 39157 b


  
1    AN ACT concerning State government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    "Section 5. The Personnel Code is amended  by changing 
5Section 4c as follows:
 
6    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
7    Sec. 4c. General exemptions.   The following positions in 
8State
service shall be exempt from jurisdictions A, B, and C, 
9unless the
jurisdictions shall be extended as provided in this 
10Act:


11        (1) All officers elected by the people.


12        (2) All positions under the Lieutenant Governor, 
13    Secretary of State,
State Treasurer, State Comptroller, 
14    State Board of Education, Clerk of
the Supreme Court,

15    Attorney General, and State Board of Elections.


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


18        (4) All officers and employees of the Illinois General 
19    Assembly, all
employees of legislative commissions, all 
20    officers and employees of  the
Illinois Legislative 
21    Reference Bureau, the Legislative
Research Unit, and the 
22    Legislative Printing Unit.


23        (5) All positions in the Illinois National Guard and 
 
 
HB1533- 2 -LRB098 09021 HLH 39157 b

1    Illinois State
Guard, paid from federal funds or positions

2    in the State  Military Service filled by enlistment and paid 
3    from State
funds.


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


6        (7) Directors of Departments, the Adjutant General, 
7    the Assistant
Adjutant General, the Director of the 
8    Illinois Emergency
Management Agency, members of boards 
9    and commissions,  and all other
positions appointed by the 
10    Governor by and with the consent of the
Senate.


11        (8) The presidents, other principal administrative 
12    officers, and
teaching, research and extension faculties 
13    of
Chicago State University, Eastern Illinois University, 
14    Governors State
University, Illinois State University, 
15    Northeastern Illinois University,
Northern Illinois 
16    University, Western Illinois University, the Illinois

17    Community College Board, Southern Illinois
University, 
18    Illinois Board of Higher Education, University of

19    Illinois, State Universities Civil Service System, 
20    University Retirement
System of Illinois, and the 
21    administrative officers and scientific and
technical staff 
22    of the Illinois State Museum.


23        (9) All other employees except the presidents, other 
24    principal
administrative officers, and teaching, research 
25    and extension faculties
of the universities under the 
26    jurisdiction of the Board of Regents and
the colleges and 
 
 
HB1533- 3 -LRB098 09021 HLH 39157 b

1    universities under the  jurisdiction of the Board of

2    Governors of State Colleges and Universities, Illinois 
3    Community College
Board, Southern Illinois University, 
4    Illinois Board of Higher Education,
Board of Governors of 
5    State Colleges and Universities, the Board of
Regents, 
6    University  of Illinois, State Universities Civil Service

7    System, University Retirement System of Illinois, so long 
8    as these are
subject to the provisions of the State 
9    Universities Civil Service Act.


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


12        (11) (Blank).


13        (12) The technical and engineering staffs of the 
14    Department of
Transportation, the Department of Nuclear 
15    Safety, the Pollution Control
Board, and the Illinois 
16    Commerce Commission, and the technical and engineering

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


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


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


23        (15) All persons who are appointed or employed by the 
24    Director of
Insurance  under authority of Section 202 of the 
25    Illinois Insurance Code
to assist the Director  of Insurance 
26    in discharging his responsibilities
relating to the 
 
 
HB1533- 4 -LRB098 09021 HLH 39157 b

1    rehabilitation, liquidation, conservation, and
dissolution 
2    of companies that are subject to the jurisdiction of the

3    Illinois  Insurance Code.


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


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


8        (18) Employees of the Illinois Young Adult 
9    Conservation Corps program,
administered by the Illinois 
10    Department of Natural Resources, authorized
grantee under 
11    Title VIII of the Comprehensive
Employment and Training Act 
12    of 1973, 29 USC 993.


13        (19) Seasonal employees of the Department of 
14    Agriculture for the
operation of the Illinois State Fair 
15    and the DuQuoin State Fair, no one
person receiving more 
16    than 29 days of such employment in any calendar year.


17        (20) All "temporary" employees hired under the 
18    Department of Natural
Resources' Illinois Conservation 
19    Service, a youth
employment program that hires young people 
20    to work in State parks for a period
of one year or less.


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


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


25        (23) All employees of the Kankakee River Valley Area

26    Airport Authority.


 
 
HB1533- 5 -LRB098 09021 HLH 39157 b

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

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

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


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


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


14        (29) All employees of the Illinois Power Agency. 
15        (30) Employees having demonstrable, defined advanced 
16    skills in accounting, financial reporting, or technical 
17    expertise who are employed within executive branch 
18    agencies and whose duties are directly related to the 
19    submission to the Office of the Comptroller of financial 
20    information for the publication of the Comprehensive 
21    Annual Financial Report (CAFR). 
22        (31)  All employees of the Illinois Sentencing Policy 
23    Advisory Council. 
24(Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12.)

 
25    Section 10. The Unified Code of Corrections is amended  by 
 
 
HB1533- 6 -LRB098 09021 HLH 39157 b

1changing Section 5-8-8 as follows:
 
2    (730 ILCS 5/5-8-8)
3    (Section scheduled to be repealed on December 31, 2015)
4    Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
5    (a) Creation.  There is created under the jurisdiction of 
6the Governor the Illinois Sentencing Policy Advisory Council, 
7hereinafter referred to as the Council.
8    (b)  Purposes and goals.  The purpose of the Council is to 
9review sentencing policies and practices and examine how these 
10policies and practices impact the criminal justice system as a 
11whole in the State of Illinois.

In carrying out its duties, the 
12Council shall be mindful of and aim to achieve the purposes of

13sentencing in Illinois, which are set out in Section 1-1-2 of 
14this Code:
15        (1) prescribe sanctions proportionate to the 
16    seriousness of the offenses and permit the recognition of 
17    differences in rehabilitation possibilities among 
18    individual offenders;
19        (2) forbid and prevent the commission of offenses;
20        (3) prevent arbitrary or oppressive treatment of 
21    persons adjudicated offenders or delinquents; and
22        (4) restore offenders to useful citizenship.
23    (c) Council composition.
24        (1) The Council shall consist of the following members:
25            (A) the President of the Senate, or his or her 
 
 
HB1533- 7 -LRB098 09021 HLH 39157 b

1        designee;
2            (B) the Minority Leader of the Senate, or his or 
3        her designee;
4            (C) the Speaker of the House, or his or her 
5        designee;
6            (D) the Minority Leader of the House, or his or her 
7        designee;
8            (E) the Governor, or his or her designee;
9            (F) the Attorney General, or his or her designee;
10            (G) two retired judges, who may have been circuit, 
11        appellate, or supreme court judges, selected by the 
12        members of the Council designated in clauses (c)(1)(A) 
13        through (L); 
14            (G-5)  two sitting judges, who may be circuit, 
15        appellate, or supreme court judges, appointed by the 
16        Chief Justice of the Supreme Court; one member 
17        appointed under this paragraph (G-5) shall be selected 
18        from the Circuit Court of Cook County or the First 
19        Judicial District, and one member appointed under this 
20        paragraph (G-5) shall be selected from a judicial 
21        circuit or district other than the Circuit Court of 
22        Cook County or the First Judicial District; 
23            (H) the Cook County State's Attorney, or his or her 
24        designee;
25            (I) the Cook County Public Defender, or his or her 
26        designee;
 
 
HB1533- 8 -LRB098 09021 HLH 39157 b

1            (J) a State's Attorney not from Cook County, 
2        appointed by the State's Attorney's
Appellate 
3        Prosecutor;
4            (K) the State Appellate Defender, or his or her 
5        designee;
6            (L) the Director of the Administrative Office of 
7    the Illinois Courts, or his or her designee; 
8            (M) a victim of a violent felony or a 
9        representative of a crime victims' organization,

10        selected by the members of the Council designated in 
11        clauses (c)(1)(A) through (L);
12            (N) a representative of a community-based 
13        organization, selected by the members of
the Council 
14        designated in clauses (c)(1)(A) through (L);
15            (O) a criminal justice academic researcher, to be 
16        selected by the members of the
Council designated in 
17        clauses (c)(1)(A) through (L);
18            (P) a representative of law enforcement from a unit 
19        of local government to be
selected by the members of 
20        the Council designated in clauses (c)(1)(A) through 
21        (L);
22            (Q) a sheriff selected by the members of the 
23        Council designated in clauses (c)(1)(A) through (L); 
24        and 
25            (R) ex-officio members shall include:
26                (i) the Director of Corrections, or his or her 
 
 
HB1533- 9 -LRB098 09021 HLH 39157 b

1            designee;
2                (ii) the Chair of the Prisoner Review Board, or 
3            his or her designee;
4                (iii) the Director of the Illinois State 
5            Police, or his or her designee; and 
6                (iv) the Director of the Illinois Criminal 
7            Justice Information Authority, or his
or her 
8            designee. ; and
9                (v)  the assistant Director of the 
10            Administrative Office of the Illinois Courts, or 
11            his or her designee.
12        (1.5) The Chair and Vice Chair shall be elected from 
13    among its members by a majority of the members of the 
14    Council.
15        (2) Members of the Council who serve because of their 
16    public office or position, or those who are designated as 
17    members by such officials, shall serve only as long as they 
18    hold such office or position.
19        (3) Council members shall serve without compensation 
20    but shall be reimbursed for travel and per diem expenses 
21    incurred in their work for the Council.
22        (4)  The Council may exercise any power, perform any 
23    function, take any action, or do anything in furtherance of 
24    its purposes and goals

upon the appointment of a quorum of 
25    its members. The term of office of each member of the 
26    Council ends on the date of repeal of this amendatory Act 
 
 
HB1533- 10 -LRB098 09021 HLH 39157 b

1    of the 96th General Assembly. 
2    (d) Duties.  The Council shall perform, as resources permit, 
3duties including:
4        (1) Collect and analyze information including 
5    sentencing data, crime trends, and existing correctional 
6    resources to support legislative and executive action 
7    affecting the use of correctional resources on the State 
8    and local levels.
9        (2) Prepare criminal justice population projections 
10    annually, including correctional and community-based 
11    supervision populations.
12        (3) Analyze data relevant to proposed sentencing 
13    legislation and its effect on current policies or 
14    practices, and provide information to support 
15    evidence-based sentencing.
16        (4) Ensure that adequate resources and facilities are 
17    available for carrying out sentences imposed on offenders 
18    and that rational priorities are established for the use of 
19    those resources. To do so, the Council shall prepare 
20    criminal justice resource statements, identifying the 
21    fiscal and practical effects of proposed criminal 
22    sentencing legislation, including, but not limited to, the 
23    correctional population, court processes, and county or 
24    local government resources.
25        (5) Perform such other studies or tasks pertaining to 
26    sentencing policies as may be requested by the Governor or 
 
 
HB1533- 11 -LRB098 09021 HLH 39157 b

1    the Illinois General Assembly.
2        (6) Perform such other functions as may be required by 
3    law or as are necessary to carry out the purposes and goals 
4    of the Council prescribed in subsection (b).
5    (e) Authority.
6        (1) The Council shall have the power to perform the 
7    functions necessary to carry out its duties, purposes and 
8    goals under this Act. In so doing, the Council shall 
9    utilize information and analysis developed by the Illinois 
10    Criminal Justice Information Authority, the Administrative 
11    Office of the Illinois Courts, and the Illinois Department 
12    of Corrections.
13        (2) Upon request from the Council, each executive 
14    agency and department of State and local government shall 
15    provide information and records to the Council in the 
16    execution of its duties.
17    (f) Report.  The Council shall report in writing annually to 
18the General Assembly and  the Governor.
19    (g)  This Section is repealed on December 31, 2015. 

20(Source: P.A. 96-711, eff. 8-25-09; 96-1000, eff. 7-2-10; 
2197-775, eff. 7-13-12.)
 

22    Section 99. Effective date. This Act takes effect upon 
23becoming law.".