Rep. Elaine Nekritz
Filed: 3/8/2013
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 1533




2    AMENDMENT NO. ______. Amend House Bill 1533 by replacing 
3everything after the enacting clause with the following:




 
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, 
 
 
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1    and notaries
public.


2        (4) All officers and employees of the Illinois General 
3    Assembly, all
employees of legislative commissions, all 
4    officers and employees of  the
Illinois Legislative 
5    Reference Bureau, the Legislative
Research Unit, and the 
6    Legislative Printing Unit.


7        (5) All positions in the Illinois National Guard and 
8    Illinois State
Guard, paid from federal funds or positions

9    in the State  Military Service filled by enlistment and paid 
10    from State
funds.


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


13        (7) Directors of Departments, the Adjutant General, 
14    the Assistant
Adjutant General, the Director of the 
15    Illinois Emergency
Management Agency, members of boards 
16    and commissions,  and all other
positions appointed by the 
17    Governor by and with the consent of the
Senate.


18        (8) The presidents, other principal administrative 
19    officers, and
teaching, research and extension faculties 
20    of
Chicago State University, Eastern Illinois University, 
21    Governors State
University, Illinois State University, 
22    Northeastern Illinois University,
Northern Illinois 
23    University, Western Illinois University, the Illinois

24    Community College Board, Southern Illinois
University, 
25    Illinois Board of Higher Education, University of

26    Illinois, State Universities Civil Service System, 
 
 
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1    University Retirement
System of Illinois, and the 
2    administrative officers and scientific and
technical staff 
3    of the Illinois State Museum.


4        (9) All other employees except the presidents, other 
5    principal
administrative officers, and teaching, research 
6    and extension faculties
of the universities under the 
7    jurisdiction of the Board of Regents and
the colleges and 
8    universities under the  jurisdiction of the Board of

9    Governors of State Colleges and Universities, Illinois 
10    Community College
Board, Southern Illinois University, 
11    Illinois Board of Higher Education,
Board of Governors of 
12    State Colleges and Universities, the Board of
Regents, 
13    University  of Illinois, State Universities Civil Service

14    System, University Retirement System of Illinois, so long 
15    as these are
subject to the provisions of the State 
16    Universities Civil Service Act.


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


19        (11) (Blank).


20        (12) The technical and engineering staffs of the 
21    Department of
Transportation, the Department of Nuclear 
22    Safety, the Pollution Control
Board, and the Illinois 
23    Commerce Commission, and the technical and engineering

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


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


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


4        (15) All persons who are appointed or employed by the 
5    Director of
Insurance  under authority of Section 202 of the 
6    Illinois Insurance Code
to assist the Director  of Insurance 
7    in discharging his responsibilities
relating to the 
8    rehabilitation, liquidation, conservation, and
dissolution 
9    of companies that are subject to the jurisdiction of the

10    Illinois  Insurance Code.


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


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


15        (18) Employees of the Illinois Young Adult 
16    Conservation Corps program,
administered by the Illinois 
17    Department of Natural Resources, authorized
grantee under 
18    Title VIII of the Comprehensive
Employment and Training Act 
19    of 1973, 29 USC 993.


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


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


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


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


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

7    Airport Authority.


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

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

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


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


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


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

 
6    Section 10. The Unified Code of Corrections is amended  by 
7changing Section 5-8-8 as follows:
 
8    (730 ILCS 5/5-8-8)
9    (Section scheduled to be repealed on December 31, 2015)
10    Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
11    (a) Creation.  There is created under the jurisdiction of 
12the Governor the Illinois Sentencing Policy Advisory Council, 
13hereinafter referred to as the Council.
14    (b)  Purposes and goals.  The purpose of the Council is to 
15review sentencing policies and practices and examine how these 
16policies and practices impact the criminal justice system as a 
17whole in the State of Illinois.

In carrying out its duties, the 
18Council shall be mindful of and aim to achieve the purposes of

19sentencing in Illinois, which are set out in Section 1-1-2 of 
20this Code:
21        (1) prescribe sanctions proportionate to the 
22    seriousness of the offenses and permit the recognition of 
23    differences in rehabilitation possibilities among 
24    individual offenders;
 
 
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1        (2) forbid and prevent the commission of offenses;
2        (3) prevent arbitrary or oppressive treatment of 
3    persons adjudicated offenders or delinquents; and
4        (4) restore offenders to useful citizenship.
5    (c) Council composition.
6        (1) The Council shall consist of the following members:
7            (A) the President of the Senate, or his or her 
8        designee;
9            (B) the Minority Leader of the Senate, or his or 
10        her designee;
11            (C) the Speaker of the House, or his or her 
12        designee;
13            (D) the Minority Leader of the House, or his or her 
14        designee;
15            (E) the Governor, or his or her designee;
16            (F) the Attorney General, or his or her designee;
17            (G) two retired judges, who may have been circuit, 
18        appellate, or supreme court judges; retired judges 
19        appointed prior to the effective date of this 
20        amendatory Act of the 98th General Assembly shall be , 
21        selected by the members of the Council designated in 
22        clauses (c)(1)(A) through (L), and retired judges 
23        appointed on or after the effective date of this 
24        amendatory Act of the 98th General Assembly shall be 
25        appointed by the Chief Justice of the Illinois Supreme 
26        Court; 
 
 
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1            (G-5)  two sitting judges, who may be circuit, 
2        appellate, or supreme court judges, appointed by the 
3        Chief Justice of the Supreme Court; one member 
4        appointed under this paragraph (G-5) shall be selected 
5        from the Circuit Court of Cook County or the First 
6        Judicial District, and one member appointed under this 
7        paragraph (G-5) shall be selected from a judicial 
8        circuit or district other than the Circuit Court of 
9        Cook County or the First Judicial District; 
10            (H) the Cook County State's Attorney, or his or her 
11        designee;
12            (I) the Cook County Public Defender, or his or her 
13        designee;
14            (J) a State's Attorney not from Cook County, 
15        appointed by the State's Attorney's
Appellate 
16        Prosecutor;
17            (K) the State Appellate Defender, or his or her 
18        designee;
19            (L) the Director of the Administrative Office of 
20    the Illinois Courts, or his or her designee; 
21            (M) a victim of a violent felony or a 
22        representative of a crime victims' organization,

23        selected by the members of the Council designated in 
24        clauses (c)(1)(A) through (L);
25            (N) a representative of a community-based 
26        organization, selected by the members of
the Council 
 
 
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1        designated in clauses (c)(1)(A) through (L);
2            (O) a criminal justice academic researcher, to be 
3        selected by the members of the
Council designated in 
4        clauses (c)(1)(A) through (L);
5            (P) a representative of law enforcement from a unit 
6        of local government to be
selected by the members of 
7        the Council designated in clauses (c)(1)(A) through 
8        (L);
9            (Q) a sheriff selected by the members of the 
10        Council designated in clauses (c)(1)(A) through (L); 
11        and 
12            (R) ex-officio members shall include:
13                (i) the Director of Corrections, or his or her 
14            designee;
15                (ii) the Chair of the Prisoner Review Board, or 
16            his or her designee;
17                (iii) the Director of the Illinois State 
18            Police, or his or her designee; and 
19                (iv) the Director of the Illinois Criminal 
20            Justice Information Authority, or his
or her 
21            designee. ; and
22                (v)  the assistant Director of the 
23            Administrative Office of the Illinois Courts, or 
24            his or her designee.
25        (1.5) The Chair and Vice Chair shall be elected from 
26    among its members by a majority of the members of the 
 
 
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1    Council.
2        (2) Members of the Council who serve because of their 
3    public office or position, or those who are designated as 
4    members by such officials, shall serve only as long as they 
5    hold such office or position.
6        (3) Council members shall serve without compensation 
7    but shall be reimbursed for travel and per diem expenses 
8    incurred in their work for the Council.
9        (4)  The Council may exercise any power, perform any 
10    function, take any action, or do anything in furtherance of 
11    its purposes and goals

upon the appointment of a quorum of 
12    its members. The term of office of each member of the 
13    Council ends on the date of repeal of this amendatory Act 
14    of the 96th General Assembly. 
15    (d) Duties.  The Council shall perform, as resources permit, 
16duties including:
17        (1) Collect and analyze information including 
18    sentencing data, crime trends, and existing correctional 
19    resources to support legislative and executive action 
20    affecting the use of correctional resources on the State 
21    and local levels.
22        (2) Prepare criminal justice population projections 
23    annually, including correctional and community-based 
24    supervision populations.
25        (3) Analyze data relevant to proposed sentencing 
26    legislation and its effect on current policies or 
 
 
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1    practices, and provide information to support 
2    evidence-based sentencing.
3        (4) Ensure that adequate resources and facilities are 
4    available for carrying out sentences imposed on offenders 
5    and that rational priorities are established for the use of 
6    those resources. To do so, the Council shall prepare 
7    criminal justice resource statements, identifying the 
8    fiscal and practical effects of proposed criminal 
9    sentencing legislation, including, but not limited to, the 
10    correctional population, court processes, and county or 
11    local government resources.
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    (e) Authority.
19        (1) The Council shall have the power to perform the 
20    functions necessary to carry out its duties, purposes and 
21    goals under this Act. In so doing, the Council shall 
22    utilize information and analysis developed by the Illinois 
23    Criminal Justice Information Authority, the Administrative 
24    Office of the Illinois Courts, and the Illinois Department 
25    of Corrections.
26        (2) Upon request from the Council, each executive 
 
 
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1    agency and department of State and local government shall 
2    provide information and records to the Council in the 
3    execution of its duties.
4    (f) Report.  The Council shall report in writing annually to 
5the General Assembly, the Illinois Supreme Court, and  the 
6Governor.
7    (g)  This Section is repealed on December 31, 2015. 

8(Source: P.A. 96-711, eff. 8-25-09; 96-1000, eff. 7-2-10; 
997-775, eff. 7-13-12.)
 

10    Section 99. Effective date. This Act takes effect upon 
11becoming law.".