Illinois General Assembly - Full Text of Public Act 101-0279
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Public Act 101-0279


Public Act 0279 101ST GENERAL ASSEMBLY



Public Act 101-0279
HB3151 EnrolledLRB101 11189 SLF 56433 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Unified Code of Corrections is amended by
changing Section 5-8-8 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    (Section scheduled to be repealed on December 31, 2020)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
            (B) the Minority Leader of the Senate, or his or
        her designee;
            (C) the Speaker of the House, or his or her
            (D) the Minority Leader of the House, or his or her
            (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
            (I) the Cook County Public Defender, or his or her
            (J) a State's Attorney not from Cook County,
        appointed by the State's Attorney's Appellate
            (K) the State Appellate Defender, or his or her
            (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
            (Q) a sheriff outside of Cook County 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
                (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; and .
                (v) the Cook County Sheriff, or his or her
        (1.5) The Chair and Vice Chair shall be elected from
    among its members by a majority of the members of the
        (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.
        (5) The Council shall determine the qualifications for
    and hire the Executive Director.
    (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.
        (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.
        (4.5) Study and conduct a thorough analysis of
    sentencing under Section 5-4.5-110 of this Code. The
    Sentencing Policy Advisory Council shall provide annual
    reports to the Governor and General Assembly, including the
    total number of persons sentenced under Section 5-4.5-110
    of this Code, the total number of departures from sentences
    under Section 5-4.5-110 of this Code, and an analysis of
    trends in sentencing and departures. On or before December
    31, 2022, the Sentencing Policy Advisory Council shall
    provide a report to the Governor and General Assembly on
    the effectiveness of sentencing under Section 5-4.5-110 of
    this Code, including recommendations on whether sentencing
    under Section 5-4.5-110 of this Code should be adjusted or
        (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.
    (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
    (g) (Blank). This Section is repealed on December 31, 2020.
(Source: P.A. 99-101, eff. 7-22-15; 99-533, eff. 7-8-16;
99-861, eff. 1-1-17; 100-3, eff. 1-1-18; 100-201, eff.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/9/2019