99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6325

 

Introduced 2/11/2016, by Rep. Marcus C. Evans, Jr. - John D. Anthony

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-8-8

    Amends the Unified Code of Corrections. Deletes provision that 2 sitting judges shall serve on the Illinois Sentencing Policy Advisory Council. Provides that the retired judges on the Council shall be selected by certain other members of the Council (rather than by the Chief Justice of the Illinois Supreme Court). Effective immediately.


LRB099 18352 RLC 42727 b

 

 

A BILL FOR

 

HB6325LRB099 18352 RLC 42727 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-8-8 as follows:
 
6    (730 ILCS 5/5-8-8)
7    (Section scheduled to be repealed on December 31, 2020)
8    Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
9    (a) Creation. There is created under the jurisdiction of
10the Governor the Illinois Sentencing Policy Advisory Council,
11hereinafter referred to as the Council.
12    (b) Purposes and goals. The purpose of the Council is to
13review sentencing policies and practices and examine how these
14policies and practices impact the criminal justice system as a
15whole in the State of Illinois. In carrying out its duties, the
16Council shall be mindful of and aim to achieve the purposes of
17sentencing in Illinois, which are set out in Section 1-1-2 of
18this Code:
19        (1) prescribe sanctions proportionate to the
20    seriousness of the offenses and permit the recognition of
21    differences in rehabilitation possibilities among
22    individual offenders;
23        (2) forbid and prevent the commission of offenses;

 

 

HB6325- 2 -LRB099 18352 RLC 42727 b

1        (3) prevent arbitrary or oppressive treatment of
2    persons adjudicated offenders or delinquents; and
3        (4) restore offenders to useful citizenship.
4    (c) Council composition.
5        (1) The Council shall consist of the following members:
6            (A) the President of the Senate, or his or her
7        designee;
8            (B) the Minority Leader of the Senate, or his or
9        her designee;
10            (C) the Speaker of the House, or his or her
11        designee;
12            (D) the Minority Leader of the House, or his or her
13        designee;
14            (E) the Governor, or his or her designee;
15            (F) the Attorney General, or his or her designee;
16            (G) two retired judges, who may have been circuit,
17        appellate, or supreme court judges; retired judges
18        appointed prior to the effective date of this
19        amendatory Act of the 98th General Assembly shall be
20        selected by the members of the Council designated in
21        clauses (c)(1)(A) through (L), and retired judges
22        appointed on or after the effective date of this
23        amendatory Act of the 98th General Assembly shall be
24        appointed by the Chief Justice of the Illinois Supreme
25        Court;
26            (G-5) (blank); two sitting judges, who may be

 

 

HB6325- 3 -LRB099 18352 RLC 42727 b

1        circuit, appellate, or supreme court judges, appointed
2        by the Chief Justice of the Supreme Court; one member
3        appointed under this paragraph (G-5) shall be selected
4        from the Circuit Court of Cook County or the First
5        Judicial District, and one member appointed under this
6        paragraph (G-5) shall be selected from a judicial
7        circuit or district other than the Circuit Court of
8        Cook County or the First Judicial District;
9            (H) the Cook County State's Attorney, or his or her
10        designee;
11            (I) the Cook County Public Defender, or his or her
12        designee;
13            (J) a State's Attorney not from Cook County,
14        appointed by the State's Attorney's Appellate
15        Prosecutor;
16            (K) the State Appellate Defender, or his or her
17        designee;
18            (L) the Director of the Administrative Office of
19        the Illinois Courts, or his or her designee;
20            (M) a victim of a violent felony or a
21        representative of a crime victims' organization,
22        selected by the members of the Council designated in
23        clauses (c)(1)(A) through (L);
24            (N) a representative of a community-based
25        organization, selected by the members of the Council
26        designated in clauses (c)(1)(A) through (L);

 

 

HB6325- 4 -LRB099 18352 RLC 42727 b

1            (O) a criminal justice academic researcher, to be
2        selected by the members of the Council designated in
3        clauses (c)(1)(A) through (L);
4            (P) a representative of law enforcement from a unit
5        of local government to be selected by the members of
6        the Council designated in clauses (c)(1)(A) through
7        (L);
8            (Q) a sheriff selected by the members of the
9        Council designated in clauses (c)(1)(A) through (L);
10        and
11            (R) ex-officio members shall include:
12                (i) the Director of Corrections, or his or her
13            designee;
14                (ii) the Chair of the Prisoner Review Board, or
15            his or her designee;
16                (iii) the Director of the Illinois State
17            Police, or his or her designee; and
18                (iv) the Director of the Illinois Criminal
19            Justice Information Authority, or his or her
20            designee.
21        (1.5) The Chair and Vice Chair shall be elected from
22    among its members by a majority of the members of the
23    Council.
24        (2) Members of the Council who serve because of their
25    public office or position, or those who are designated as
26    members by such officials, shall serve only as long as they

 

 

HB6325- 5 -LRB099 18352 RLC 42727 b

1    hold such office or position.
2        (3) Council members shall serve without compensation
3    but shall be reimbursed for travel and per diem expenses
4    incurred in their work for the Council.
5        (4) The Council may exercise any power, perform any
6    function, take any action, or do anything in furtherance of
7    its purposes and goals upon the appointment of a quorum of
8    its members. The term of office of each member of the
9    Council ends on the date of repeal of this amendatory Act
10    of the 96th General Assembly.
11    (d) Duties. The Council shall perform, as resources permit,
12duties including:
13        (1) Collect and analyze information including
14    sentencing data, crime trends, and existing correctional
15    resources to support legislative and executive action
16    affecting the use of correctional resources on the State
17    and local levels.
18        (2) Prepare criminal justice population projections
19    annually, including correctional and community-based
20    supervision populations.
21        (3) Analyze data relevant to proposed sentencing
22    legislation and its effect on current policies or
23    practices, and provide information to support
24    evidence-based sentencing.
25        (4) Ensure that adequate resources and facilities are
26    available for carrying out sentences imposed on offenders

 

 

HB6325- 6 -LRB099 18352 RLC 42727 b

1    and that rational priorities are established for the use of
2    those resources. To do so, the Council shall prepare
3    criminal justice resource statements, identifying the
4    fiscal and practical effects of proposed criminal
5    sentencing legislation, including, but not limited to, the
6    correctional population, court processes, and county or
7    local government resources.
8        (5) Perform such other studies or tasks pertaining to
9    sentencing policies as may be requested by the Governor or
10    the Illinois General Assembly.
11        (6) Perform such other functions as may be required by
12    law or as are necessary to carry out the purposes and goals
13    of the Council prescribed in subsection (b).
14    (e) Authority.
15        (1) The Council shall have the power to perform the
16    functions necessary to carry out its duties, purposes and
17    goals under this Act. In so doing, the Council shall
18    utilize information and analysis developed by the Illinois
19    Criminal Justice Information Authority, the Administrative
20    Office of the Illinois Courts, and the Illinois Department
21    of Corrections.
22        (2) Upon request from the Council, each executive
23    agency and department of State and local government shall
24    provide information and records to the Council in the
25    execution of its duties.
26    (f) Report. The Council shall report in writing annually to

 

 

HB6325- 7 -LRB099 18352 RLC 42727 b

1the General Assembly, the Illinois Supreme Court, and the
2Governor.
3    (g) This Section is repealed on December 31, 2020.
4(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.