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1 | AN ACT concerning criminal law.
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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 Sections 5-4-1 and 5-8-8 as follows:
| ||||||||||||||||||||||||||
6 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||||||||||||||||||||||||||
7 | Sec. 5-4-1. Sentencing Hearing.
| ||||||||||||||||||||||||||
8 | (a) Except when the death penalty is
sought under hearing | ||||||||||||||||||||||||||
9 | procedures otherwise specified, after a
determination of | ||||||||||||||||||||||||||
10 | guilt, a hearing shall be held to impose the sentence.
However, | ||||||||||||||||||||||||||
11 | prior to the imposition of sentence on an individual being
| ||||||||||||||||||||||||||
12 | sentenced for an offense based upon a charge for a violation of | ||||||||||||||||||||||||||
13 | Section
11-501 of the Illinois Vehicle Code or a similar | ||||||||||||||||||||||||||
14 | provision of a local
ordinance, the individual must undergo a | ||||||||||||||||||||||||||
15 | professional evaluation to
determine if an alcohol or other | ||||||||||||||||||||||||||
16 | drug abuse problem exists and the extent
of such a problem. | ||||||||||||||||||||||||||
17 | Programs conducting these evaluations shall be
licensed by the | ||||||||||||||||||||||||||
18 | Department of Human Services. However, if the individual is
not | ||||||||||||||||||||||||||
19 | a resident of Illinois, the court
may, in its discretion, | ||||||||||||||||||||||||||
20 | accept an evaluation from a program in the state of
such | ||||||||||||||||||||||||||
21 | individual's residence. The court may in its sentencing order | ||||||||||||||||||||||||||
22 | approve an
eligible defendant for placement in a Department of | ||||||||||||||||||||||||||
23 | Corrections impact
incarceration program as provided in |
| |||||||
| |||||||
1 | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | ||||||
2 | order recommend a defendant for placement in a Department of | ||||||
3 | Corrections substance abuse treatment program as provided in | ||||||
4 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
5 | upon the defendant being accepted in a program by the | ||||||
6 | Department of Corrections. At the
hearing the court
shall:
| ||||||
7 | (1) consider the evidence, if any, received upon the | ||||||
8 | trial;
| ||||||
9 | (2) consider any presentence reports;
| ||||||
10 | (3) consider the financial impact of incarceration | ||||||
11 | based on the
financial impact statement filed with the | ||||||
12 | clerk of the court by the
Department of Corrections;
| ||||||
13 | (4) consider evidence and information offered by the | ||||||
14 | parties in
aggravation and mitigation; | ||||||
15 | (4.5) consider substance abuse treatment, eligibility | ||||||
16 | screening, and an assessment, if any, of the defendant by | ||||||
17 | an agent designated by the State of Illinois to provide | ||||||
18 | assessment services for the Illinois courts;
| ||||||
19 | (5) hear arguments as to sentencing alternatives;
| ||||||
20 | (6) afford the defendant the opportunity to make a | ||||||
21 | statement in his
own behalf;
| ||||||
22 | (7) afford the victim of a violent crime or a violation | ||||||
23 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
24 | similar provision of a local
ordinance, or a qualified | ||||||
25 | individual affected by: (i) a violation of Section
405, | ||||||
26 | 405.1, 405.2, or 407 of the Illinois Controlled Substances |
| |||||||
| |||||||
1 | Act or a violation of Section 55 or Section 65 of the | ||||||
2 | Methamphetamine Control and Community Protection Act,
or | ||||||
3 | (ii) a Class 4 felony violation of Section 11-14, 11-14.3 | ||||||
4 | except as described in subdivisions (a)(2)(A) and | ||||||
5 | (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012,
| ||||||
7 | committed by the defendant the opportunity to make a | ||||||
8 | statement
concerning the impact on the victim and to offer | ||||||
9 | evidence in aggravation or
mitigation; provided that the | ||||||
10 | statement and evidence offered in aggravation
or | ||||||
11 | mitigation must first be prepared in writing in conjunction | ||||||
12 | with the
State's Attorney before it may be presented orally | ||||||
13 | at the hearing. Any
sworn testimony offered by the victim | ||||||
14 | is subject to the defendant's right
to cross-examine. All | ||||||
15 | statements and evidence offered under this paragraph
(7) | ||||||
16 | shall become part of the record of the court. For the | ||||||
17 | purpose of this
paragraph (7), "qualified individual" | ||||||
18 | means any person who (i) lived or worked
within the | ||||||
19 | territorial jurisdiction where the offense took place when | ||||||
20 | the
offense took place;
and (ii) is familiar with various | ||||||
21 | public places within the territorial
jurisdiction where
| ||||||
22 | the offense took place when the offense took place. For the | ||||||
23 | purposes of
this paragraph (7), "qualified individual" | ||||||
24 | includes any peace officer,
or any member of any duly | ||||||
25 | organized State, county, or municipal peace unit
assigned | ||||||
26 | to the territorial jurisdiction where the offense took |
| |||||||
| |||||||
1 | place when the
offense took
place;
| ||||||
2 | (8) in cases of reckless homicide afford the victim's | ||||||
3 | spouse,
guardians, parents or other immediate family | ||||||
4 | members an opportunity to make
oral statements;
| ||||||
5 | (9) in cases involving a felony sex offense as defined | ||||||
6 | under the Sex
Offender
Management Board Act, consider the | ||||||
7 | results of the sex offender evaluation
conducted pursuant | ||||||
8 | to Section 5-3-2 of this Act; and
| ||||||
9 | (10) make a finding of whether a motor vehicle was used | ||||||
10 | in the commission of the offense for which the defendant is | ||||||
11 | being sentenced. | ||||||
12 | (b) All sentences shall be imposed by the judge based upon | ||||||
13 | his
independent assessment of the elements specified above and | ||||||
14 | any agreement
as to sentence reached by the parties. The judge | ||||||
15 | who presided at the
trial or the judge who accepted the plea of | ||||||
16 | guilty shall impose the
sentence unless he is no longer sitting | ||||||
17 | as a judge in that court. Where
the judge does not impose | ||||||
18 | sentence at the same time on all defendants
who are convicted | ||||||
19 | as a result of being involved in the same offense, the
| ||||||
20 | defendant or the State's Attorney may advise the sentencing | ||||||
21 | court of the
disposition of any other defendants who have been | ||||||
22 | sentenced.
| ||||||
23 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
24 | imprisonment for an offense for which a sentence of probation | ||||||
25 | or conditional discharge is an available sentence, if the | ||||||
26 | defendant has no prior sentence of probation or conditional |
| |||||||
| |||||||
1 | discharge and no prior conviction for a violent crime, the | ||||||
2 | defendant shall not be sentenced to imprisonment before review | ||||||
3 | and consideration of a presentence report and determination and | ||||||
4 | explanation of why the particular evidence, information, | ||||||
5 | factor in aggravation, factual finding, or other reasons | ||||||
6 | support a sentencing determination that one or more of the | ||||||
7 | factors under subsection (a) of Section 5-6-1 of this Code | ||||||
8 | apply and that probation or conditional discharge is not an | ||||||
9 | appropriate sentence. | ||||||
10 | (c) In imposing a sentence for a violent crime or for an | ||||||
11 | offense of
operating or being in physical control of a vehicle | ||||||
12 | while under the
influence of alcohol, any other drug or any | ||||||
13 | combination thereof, or a
similar provision of a local | ||||||
14 | ordinance, when such offense resulted in the
personal injury to | ||||||
15 | someone other than the defendant, the trial judge shall
specify | ||||||
16 | on the record the particular evidence, information, factors in
| ||||||
17 | mitigation and aggravation or other reasons that led to his | ||||||
18 | sentencing
determination. The full verbatim record of the | ||||||
19 | sentencing hearing shall be
filed with the clerk of the court | ||||||
20 | and shall be a public record.
| ||||||
21 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
22 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
23 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
24 | firearm, or armed violence with a category I weapon
or category | ||||||
25 | II weapon,
the trial judge shall make a finding as to whether | ||||||
26 | the conduct leading to
conviction for the offense resulted in |
| |||||||
| |||||||
1 | great bodily harm to a victim, and
shall enter that finding and | ||||||
2 | the basis for that finding in the record.
| ||||||
3 | (c-2) If the defendant is sentenced to prison, other than | ||||||
4 | when a sentence of
natural life imprisonment or a sentence of | ||||||
5 | death is imposed, at the time
the sentence is imposed the judge | ||||||
6 | shall
state on the record in open court the approximate period | ||||||
7 | of time the defendant
will serve in custody according to the | ||||||
8 | then current statutory rules and
regulations for sentence | ||||||
9 | credit found in Section 3-6-3 and other related
provisions of | ||||||
10 | this Code. This statement is intended solely to inform the
| ||||||
11 | public, has no legal effect on the defendant's actual release, | ||||||
12 | and may not be
relied on by the defendant on appeal.
| ||||||
13 | The judge's statement, to be given after pronouncing the | ||||||
14 | sentence, other than
when the sentence is imposed for one of | ||||||
15 | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | ||||||
16 | shall include the following:
| ||||||
17 | "The purpose of this statement is to inform the public of | ||||||
18 | the actual period
of time this defendant is likely to spend in | ||||||
19 | prison as a result of this
sentence. The actual period of | ||||||
20 | prison time served is determined by the
statutes of Illinois as | ||||||
21 | applied to this sentence by the Illinois Department of
| ||||||
22 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
23 | case, assuming the defendant
receives all of his or her | ||||||
24 | sentence credit, the period of estimated actual
custody is ... | ||||||
25 | years and ... months, less up to 180 days additional sentence | ||||||
26 | credit for good conduct. If the defendant, because of his or
|
| |||||||
| |||||||
1 | her own misconduct or failure to comply with the institutional | ||||||
2 | regulations,
does not receive those credits, the actual time | ||||||
3 | served in prison will be
longer. The defendant may also receive | ||||||
4 | an additional one-half day sentence
credit for each day of | ||||||
5 | participation in vocational, industry, substance abuse,
and | ||||||
6 | educational programs as provided for by Illinois statute."
| ||||||
7 | When the sentence is imposed for one of the offenses | ||||||
8 | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | ||||||
9 | when the sentence is imposed for one of the
offenses enumerated | ||||||
10 | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | ||||||
11 | 19, 1998, and other than when the sentence is imposed for
| ||||||
12 | reckless homicide as defined in subsection (e) of Section 9-3 | ||||||
13 | of the Criminal
Code of 1961 or the Criminal Code of 2012 if | ||||||
14 | the offense was committed on or after January 1, 1999, and
| ||||||
15 | other than when the sentence is imposed for aggravated arson if | ||||||
16 | the offense was
committed on or after July 27, 2001 (the | ||||||
17 | effective date of Public Act
92-176), and
other than when the | ||||||
18 | sentence is imposed for aggravated driving under the influence | ||||||
19 | of alcohol,
other drug or drugs, or intoxicating compound or | ||||||
20 | compounds, or any combination
thereof as defined in | ||||||
21 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
22 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
23 | January 1, 2011 (the effective date of Public Act 96-1230), the
| ||||||
24 | judge's statement, to be given after pronouncing the sentence, | ||||||
25 | shall include
the following:
| ||||||
26 | "The purpose of this statement is to inform the public of |
| |||||||
| |||||||
1 | the actual period
of time this defendant is likely to spend in | ||||||
2 | prison as a result of this
sentence. The actual period of | ||||||
3 | prison time served is determined by the
statutes of Illinois as | ||||||
4 | applied to this sentence by the Illinois Department of
| ||||||
5 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
6 | case,
assuming the defendant
receives all of his or her | ||||||
7 | sentence credit, the period of estimated actual
custody is ... | ||||||
8 | years and ... months, less up to 90 days additional sentence | ||||||
9 | credit for good conduct. If the defendant, because of his or
| ||||||
10 | her own misconduct or failure to comply with the institutional | ||||||
11 | regulations,
does not receive those credits, the actual time | ||||||
12 | served in prison will be
longer. The defendant may also receive | ||||||
13 | an additional one-half day sentence
credit for each day of | ||||||
14 | participation in vocational, industry, substance abuse,
and | ||||||
15 | educational programs as provided for by Illinois statute."
| ||||||
16 | When the sentence is imposed for one of the offenses | ||||||
17 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
18 | first degree murder, and the offense was
committed on or after | ||||||
19 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
20 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
21 | Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||||||
22 | offense was committed on or after January 1, 1999,
and when the | ||||||
23 | sentence is imposed for aggravated driving under the influence
| ||||||
24 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
25 | compounds, or
any combination thereof as defined in | ||||||
26 | subparagraph (F) of paragraph (1) of
subsection (d) of Section |
| |||||||
| |||||||
1 | 11-501 of the Illinois Vehicle Code, and when
the sentence is | ||||||
2 | imposed for aggravated arson if the offense was committed
on or | ||||||
3 | after July 27, 2001 (the effective date of Public Act 92-176), | ||||||
4 | and when
the sentence is imposed for aggravated driving under | ||||||
5 | the influence of alcohol,
other drug or drugs, or intoxicating | ||||||
6 | compound or compounds, or any combination
thereof as defined in | ||||||
7 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
8 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
9 | January 1, 2011 (the effective date of Public Act 96-1230), the | ||||||
10 | judge's
statement, to be given after pronouncing the sentence, | ||||||
11 | shall include the
following:
| ||||||
12 | "The purpose of this statement is to inform the public of | ||||||
13 | the actual period
of time this defendant is likely to spend in | ||||||
14 | prison as a result of this
sentence. The actual period of | ||||||
15 | prison time served is determined by the
statutes of Illinois as | ||||||
16 | applied to this sentence by the Illinois Department of
| ||||||
17 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
18 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
19 | sentence credit for
each month of his or her sentence of | ||||||
20 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
21 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
22 | days credit for each month of his or her sentence, the period
| ||||||
23 | of estimated actual custody is ... years and ... months. If the | ||||||
24 | defendant,
because of his or her own misconduct or failure to | ||||||
25 | comply with the
institutional regulations receives lesser | ||||||
26 | credit, the actual time served in
prison will be longer."
|
| |||||||
| |||||||
1 | When a sentence of imprisonment is imposed for first degree | ||||||
2 | murder and
the offense was committed on or after June 19, 1998, | ||||||
3 | the judge's statement,
to be given after pronouncing the | ||||||
4 | sentence, shall include the following:
| ||||||
5 | "The purpose of this statement is to inform the public of | ||||||
6 | the actual period
of time this defendant is likely to spend in | ||||||
7 | prison as a result of this
sentence. The actual period of | ||||||
8 | prison time served is determined by the
statutes of Illinois as | ||||||
9 | applied to this sentence by the Illinois Department
of | ||||||
10 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
11 | case, the
defendant is not entitled to sentence credit. | ||||||
12 | Therefore, this defendant
will serve 100% of his or her | ||||||
13 | sentence."
| ||||||
14 | When the sentencing order recommends placement in a | ||||||
15 | substance abuse program for any offense that results in | ||||||
16 | incarceration
in a Department of Corrections facility and the | ||||||
17 | crime was
committed on or after September 1, 2003 (the | ||||||
18 | effective date of Public Act
93-354), the judge's
statement, in | ||||||
19 | addition to any other judge's statement required under this
| ||||||
20 | Section, to be given after pronouncing the sentence, shall | ||||||
21 | include the
following:
| ||||||
22 | "The purpose of this statement is to inform the public of
| ||||||
23 | the actual period of time this defendant is likely to spend in
| ||||||
24 | prison as a result of this sentence. The actual period of
| ||||||
25 | prison time served is determined by the statutes of Illinois as
| ||||||
26 | applied to this sentence by the Illinois Department of
|
| |||||||
| |||||||
1 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
2 | case, the defendant shall receive no sentence credit for good | ||||||
3 | conduct under clause (3) of subsection (a) of Section 3-6-3 | ||||||
4 | until he or
she participates in and completes a substance abuse | ||||||
5 | treatment program or receives a waiver from the Director of | ||||||
6 | Corrections pursuant to clause (4.5) of subsection (a) of | ||||||
7 | Section 3-6-3."
| ||||||
8 | (c-4) Before the sentencing hearing and as part of the | ||||||
9 | presentence investigation under Section 5-3-1, the court shall | ||||||
10 | inquire of the defendant whether the defendant is currently | ||||||
11 | serving in or is a veteran of the Armed Forces of the United | ||||||
12 | States.
If the defendant is currently serving in the Armed | ||||||
13 | Forces of the United States or is a veteran of the Armed Forces | ||||||
14 | of the United States and has been diagnosed as having a mental | ||||||
15 | illness by a qualified psychiatrist or clinical psychologist or | ||||||
16 | physician, the court may: | ||||||
17 | (1) order that the officer preparing the presentence | ||||||
18 | report consult with the United States Department of | ||||||
19 | Veterans Affairs, Illinois Department of Veterans' | ||||||
20 | Affairs, or another agency or person with suitable | ||||||
21 | knowledge or experience for the purpose of providing the | ||||||
22 | court with information regarding treatment options | ||||||
23 | available to the defendant, including federal, State, and | ||||||
24 | local programming; and | ||||||
25 | (2) consider the treatment recommendations of any | ||||||
26 | diagnosing or treating mental health professionals |
| |||||||
| |||||||
1 | together with the treatment options available to the | ||||||
2 | defendant in imposing sentence. | ||||||
3 | For the purposes of this subsection (c-4), "qualified | ||||||
4 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
5 | to practice medicine in all its branches, who has specialized | ||||||
6 | in the diagnosis and treatment of mental and nervous disorders | ||||||
7 | for a period of not less than 5 years. | ||||||
8 | (c-6) In imposing a sentence, the trial judge shall | ||||||
9 | specify, on the record, the particular evidence and other | ||||||
10 | reasons which led to his or her determination that a motor | ||||||
11 | vehicle was used in the commission of the offense. | ||||||
12 | (d) When the defendant is committed to the Department of
| ||||||
13 | Corrections, the State's Attorney shall and counsel for the | ||||||
14 | defendant
may file a statement with the clerk of the court to | ||||||
15 | be transmitted to
the department, agency or institution to | ||||||
16 | which the defendant is
committed to furnish such department, | ||||||
17 | agency or institution with the
facts and circumstances of the | ||||||
18 | offense for which the person was
committed together with all | ||||||
19 | other factual information accessible to them
in regard to the | ||||||
20 | person prior to his commitment relative to his habits,
| ||||||
21 | associates, disposition and reputation and any other facts and
| ||||||
22 | circumstances which may aid such department, agency or | ||||||
23 | institution
during its custody of such person. The clerk shall | ||||||
24 | within 10 days after
receiving any such statements transmit a | ||||||
25 | copy to such department, agency
or institution and a copy to | ||||||
26 | the other party, provided, however, that
this shall not be |
| |||||||
| |||||||
1 | cause for delay in conveying the person to the
department, | ||||||
2 | agency or institution to which he has been committed.
| ||||||
3 | (e) The clerk of the court shall transmit to the | ||||||
4 | department,
agency or institution, if any, to which the | ||||||
5 | defendant is committed, the
following:
| ||||||
6 | (1) the sentence imposed;
| ||||||
7 | (2) any statement by the court of the basis for | ||||||
8 | imposing the sentence;
| ||||||
9 | (3) any presentence reports;
| ||||||
10 | (3.5) any sex offender evaluations;
| ||||||
11 | (3.6) any substance abuse treatment eligibility | ||||||
12 | screening and assessment of the defendant by an agent | ||||||
13 | designated by the State of Illinois to provide assessment | ||||||
14 | services for the Illinois courts;
| ||||||
15 | (4) the number of days, if any, which the defendant has | ||||||
16 | been in
custody and for which he is entitled to credit | ||||||
17 | against the sentence,
which information shall be provided | ||||||
18 | to the clerk by the sheriff;
| ||||||
19 | (4.1) any finding of great bodily harm made by the | ||||||
20 | court with respect
to an offense enumerated in subsection | ||||||
21 | (c-1);
| ||||||
22 | (5) all statements filed under subsection (d) of this | ||||||
23 | Section;
| ||||||
24 | (6) any medical or mental health records or summaries | ||||||
25 | of the defendant;
| ||||||
26 | (7) the municipality where the arrest of the offender |
| |||||||
| |||||||
1 | or the commission
of the offense has occurred, where such | ||||||
2 | municipality has a population of
more than 25,000 persons;
| ||||||
3 | (8) all statements made and evidence offered under | ||||||
4 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
5 | (9) all additional matters which the court directs the | ||||||
6 | clerk to
transmit.
| ||||||
7 | (f) In cases in which the court finds that a motor vehicle | ||||||
8 | was used in the commission of the offense for which the | ||||||
9 | defendant is being sentenced, the clerk of the court shall, | ||||||
10 | within 5 days thereafter, forward a report of such conviction | ||||||
11 | to the Secretary of State. | ||||||
12 | (Source: P.A. 96-86, eff. 1-1-10; 96-1180, eff. 1-1-11; | ||||||
13 | 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff. | ||||||
14 | 8-12-11; 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.) | ||||||
15 | (730 ILCS 5/5-8-8) | ||||||
16 | (Section scheduled to be repealed on December 31, 2020) | ||||||
17 | Sec. 5-8-8. Illinois Sentencing Policy Advisory Council. | ||||||
18 | (a) Creation. There is created under the jurisdiction of | ||||||
19 | the Governor the Illinois Sentencing Policy Advisory Council, | ||||||
20 | hereinafter referred to as the Council. | ||||||
21 | (b) Purposes and goals. The purpose of the Council is to | ||||||
22 | review sentencing policies and practices and examine how these | ||||||
23 | policies and practices impact the criminal justice system as a | ||||||
24 | whole in the State of Illinois.
In carrying out its duties, the | ||||||
25 | Council shall be mindful of and aim to achieve the purposes of
|
| |||||||
| |||||||
1 | sentencing in Illinois, which are set out in Section 1-1-2 of | ||||||
2 | this Code: | ||||||
3 | (1) prescribe sanctions proportionate to the | ||||||
4 | seriousness of the offenses and permit the recognition of | ||||||
5 | differences in rehabilitation possibilities among | ||||||
6 | individual offenders; | ||||||
7 | (2) forbid and prevent the commission of offenses; | ||||||
8 | (3) prevent arbitrary or oppressive treatment of | ||||||
9 | persons adjudicated offenders or delinquents; and | ||||||
10 | (4) restore offenders to useful citizenship. | ||||||
11 | (c) Council composition. | ||||||
12 | (1) The Council shall consist of the following members: | ||||||
13 | (A) the President of the Senate, or his or her | ||||||
14 | designee; | ||||||
15 | (B) the Minority Leader of the Senate, or his or | ||||||
16 | her designee; | ||||||
17 | (C) the Speaker of the House, or his or her | ||||||
18 | designee; | ||||||
19 | (D) the Minority Leader of the House, or his or her | ||||||
20 | designee; | ||||||
21 | (E) the Governor, or his or her designee; | ||||||
22 | (F) the Attorney General, or his or her designee; | ||||||
23 | (G) two retired judges, who may have been circuit, | ||||||
24 | appellate, or supreme court judges; retired judges | ||||||
25 | appointed prior to the effective date of this | ||||||
26 | amendatory Act of the 98th General Assembly shall be |
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1 | selected by the members of the Council designated in | ||||||
2 | clauses (c)(1)(A) through (L), and retired judges | ||||||
3 | appointed on or after the effective date of this | ||||||
4 | amendatory Act of the 98th General Assembly shall be | ||||||
5 | appointed by the Chief Justice of the Illinois Supreme | ||||||
6 | Court; | ||||||
7 | (G-5) two sitting judges, who may be circuit, | ||||||
8 | appellate, or supreme court judges, appointed by the | ||||||
9 | Chief Justice of the Supreme Court; one member | ||||||
10 | appointed under this paragraph (G-5) shall be selected | ||||||
11 | from the Circuit Court of Cook County or the First | ||||||
12 | Judicial District, and one member appointed under this | ||||||
13 | paragraph (G-5) shall be selected from a judicial | ||||||
14 | circuit or district other than the Circuit Court of | ||||||
15 | Cook County or the First Judicial District; | ||||||
16 | (H) the Cook County State's Attorney, or his or her | ||||||
17 | designee; | ||||||
18 | (I) the Cook County Public Defender, or his or her | ||||||
19 | designee; | ||||||
20 | (J) a State's Attorney not from Cook County, | ||||||
21 | appointed by the State's Attorney's
Appellate | ||||||
22 | Prosecutor; | ||||||
23 | (K) the State Appellate Defender, or his or her | ||||||
24 | designee; | ||||||
25 | (L) the Director of the Administrative Office of | ||||||
26 | the Illinois Courts, or his or her designee; |
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1 | (M) a victim of a violent felony or a | ||||||
2 | representative of a crime victims' organization,
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3 | selected by the members of the Council designated in | ||||||
4 | clauses (c)(1)(A) through (L); | ||||||
5 | (N) a representative of a community-based | ||||||
6 | organization, selected by the members of
the Council | ||||||
7 | designated in clauses (c)(1)(A) through (L); | ||||||
8 | (O) a criminal justice academic researcher, to be | ||||||
9 | selected by the members of the
Council designated in | ||||||
10 | clauses (c)(1)(A) through (L); | ||||||
11 | (P) a representative of law enforcement from a unit | ||||||
12 | of local government to be
selected by the members of | ||||||
13 | the Council designated in clauses (c)(1)(A) through | ||||||
14 | (L); | ||||||
15 | (Q) a sheriff selected by the members of the | ||||||
16 | Council designated in clauses (c)(1)(A) through (L); | ||||||
17 | and | ||||||
18 | (R) ex-officio members shall include: | ||||||
19 | (i) the Director of Corrections, or his or her | ||||||
20 | designee; | ||||||
21 | (ii) the Chair of the Prisoner Review Board, or | ||||||
22 | his or her designee; | ||||||
23 | (iii) the Director of the Illinois State | ||||||
24 | Police, or his or her designee; and | ||||||
25 | (iv) the Director of the Illinois Criminal | ||||||
26 | Justice Information Authority, or his
or her |
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1 | designee. | ||||||
2 | (1.5) The Chair and Vice Chair shall be elected from | ||||||
3 | among its members by a majority of the members of the | ||||||
4 | Council. | ||||||
5 | (2) Members of the Council who serve because of their | ||||||
6 | public office or position, or those who are designated as | ||||||
7 | members by such officials, shall serve only as long as they | ||||||
8 | hold such office or position. | ||||||
9 | (3) Council members shall serve without compensation | ||||||
10 | but shall be reimbursed for travel and per diem expenses | ||||||
11 | incurred in their work for the Council. | ||||||
12 | (4) The Council may exercise any power, perform any | ||||||
13 | function, take any action, or do anything in furtherance of | ||||||
14 | its purposes and goals
upon the appointment of a quorum of | ||||||
15 | its members. The term of office of each member of the | ||||||
16 | Council ends on the date of repeal of this amendatory Act | ||||||
17 | of the 96th General Assembly. | ||||||
18 | (d) Duties. The Council shall perform, as resources permit, | ||||||
19 | duties including: | ||||||
20 | (1) Collect and analyze information including | ||||||
21 | sentencing data, crime trends, and existing correctional | ||||||
22 | resources to support legislative and executive action | ||||||
23 | affecting the use of correctional resources on the State | ||||||
24 | and local levels. | ||||||
25 | (2) Prepare criminal justice population projections | ||||||
26 | annually, including correctional and community-based |
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1 | supervision populations. | ||||||
2 | (3) Analyze data relevant to proposed sentencing | ||||||
3 | legislation and its effect on current policies or | ||||||
4 | practices, and provide information to support | ||||||
5 | evidence-based sentencing. | ||||||
6 | (4) Ensure that adequate resources and facilities are | ||||||
7 | available for carrying out sentences imposed on offenders | ||||||
8 | and that rational priorities are established for the use of | ||||||
9 | those resources. To do so, the Council shall prepare | ||||||
10 | criminal justice resource statements, identifying the | ||||||
11 | fiscal and practical effects of proposed criminal | ||||||
12 | sentencing legislation, including, but not limited to, the | ||||||
13 | correctional population, court processes, and county or | ||||||
14 | local government resources. | ||||||
15 | (5) Perform such other studies or tasks pertaining to | ||||||
16 | sentencing policies as may be requested by the Governor or | ||||||
17 | the Illinois General Assembly. | ||||||
18 | (6) Perform such other functions as may be required by | ||||||
19 | law or as are necessary to carry out the purposes and goals | ||||||
20 | of the Council prescribed in subsection (b). | ||||||
21 | (7) Publish a report on the trends in sentencing for | ||||||
22 | offenders described in subsection (b-1) of Section 5-4-1 of | ||||||
23 | this Code, the impact of the trends on the prison and | ||||||
24 | probation populations, and any changes in the racial | ||||||
25 | composition of the prison and probation populations that | ||||||
26 | can be attributed to the changes made by adding subsection |
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1 | (b-1) of Section 5-4-1 to this Code by this amendatory Act | ||||||
2 | of the 99th General Assembly. | ||||||
3 | (e) Authority. | ||||||
4 | (1) The Council shall have the power to perform the | ||||||
5 | functions necessary to carry out its duties, purposes and | ||||||
6 | goals under this Act. In so doing, the Council shall | ||||||
7 | utilize information and analysis developed by the Illinois | ||||||
8 | Criminal Justice Information Authority, the Administrative | ||||||
9 | Office of the Illinois Courts, and the Illinois Department | ||||||
10 | of Corrections. | ||||||
11 | (2) Upon request from the Council, each executive | ||||||
12 | agency and department of State and local government shall | ||||||
13 | provide information and records to the Council in the | ||||||
14 | execution of its duties. | ||||||
15 | (f) Report. The Council shall report in writing annually to | ||||||
16 | the General Assembly, the Illinois Supreme Court, and the | ||||||
17 | Governor. | ||||||
18 | (g) This Section is repealed on December 31, 2020.
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19 | (Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15.)
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