100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3815

 

Introduced , by Rep. Elaine Nekritz

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 415/4c  from Ch. 127, par. 63b104c
20 ILCS 3930/16 new
730 ILCS 5/5-8-8
730 ILCS 5/5-8-9 new

    Amends the Personnel Code. Provides for exemption from the Code of employees having demonstrable, defined advanced skills in statistical research and data analytics who are employed in research and analysis units of executive branch agencies or whose duties are primarily focused on developing information sharing capabilities across executive branch agencies and between State agencies and units of local government. Amends the Criminal Justice Information Act. Abolishes the Illinois Integrated Justice System Implementation Board. Amends the Unified Code of Corrections. Creates the Illinois State Criminal Justice Data, Research, and Implementation Advisory Committee to (1) examine existing State and local criminal justice data collection systems and assess agencies' capacities to effectively analyze data and evaluate criminal justice trends and programming based on national best practices; and (2) publish an annual report, detailing its findings and recommendations to the General Assembly and the Governor. Provides that the administrative support for the Committee shall be provided by the Illinois Sentencing Policy Advisory Council. Provides that each department, agency, board, or authority of the State or any unit of local government shall provide records or other information to the Committee as requested by the Committee to carry out its duties, provided that the Committee and provider of the information shall make appropriate arrangements to ensure that the Committee and provider of the information to the Committee does not violate any applicable laws.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3815LRB100 10964 RLC 21201 b

1    AN ACT concerning data.
 
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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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        (32) Employees having demonstrable, defined advanced
25    skills in statistical research and data analytics who are
26    employed in research and analysis units of executive branch

 

 

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1    agencies or whose duties are primarily focused on
2    developing information sharing capabilities across
3    executive branch agencies and between State agencies and
4    units of local government.
5(Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12;
698-65, eff. 7-15-13.)
 
7    Section 10. The Illinois Criminal Justice Information Act
8is amended by adding Section 16 as follows:
 
9    (20 ILCS 3930/16 new)
10    Sec. 16. Illinois Integrated Justice System Implementation
11Board; abolition. The General Assembly finds that the Illinois
12Integrated Justice System Implementation Board, created by
13Executive Order 2003-16 and codified as Sections 1760.100
14through 1760.600 in Title 2 of the Illinois Administrative
15Code, has failed to fulfill its mandate and is no longer
16active, specifically: no meetings of the Board have been held
17since 2004, the Board last filed a report of its activities (as
18required by Executive Order 2003-16) in 2004, and that no
19appointments have been made to the Board for an indeterminate
20period of time and the only currently named Board members
21reported by the Legislative Research Unit are ex-officio
22members. Therefore, the Illinois Integrated Justice System
23Implementation Board is abolished, and Sections 1760.100
24through 1760.600 in Title 2 of the Illinois Administrative Code

 

 

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1are repealed and without effect on and after the effective date
2of this amendatory Act of the 100th General Assembly.
 
3    Section 15. The Unified Code of Corrections is amended by
4changing Section 5-8-8 and by adding Section 5-8-9 as follows:
 
5    (730 ILCS 5/5-8-8)
6    (Section scheduled to be repealed on December 31, 2020)
7    Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
8    (a) Creation. There is created under the jurisdiction of
9the Governor the Illinois Sentencing Policy Advisory Council,
10hereinafter referred to as the Council.
11    (b) Purposes and goals. The purpose of the Council is to
12review sentencing policies and practices and examine how these
13policies and practices impact the criminal justice system as a
14whole in the State of Illinois. In carrying out its duties, the
15Council shall be mindful of and aim to achieve the purposes of
16sentencing in Illinois, which are set out in Section 1-1-2 of
17this Code:
18        (1) prescribe sanctions proportionate to the
19    seriousness of the offenses and permit the recognition of
20    differences in rehabilitation possibilities among
21    individual offenders;
22        (2) forbid and prevent the commission of offenses;
23        (3) prevent arbitrary or oppressive treatment of
24    persons adjudicated offenders or delinquents; and

 

 

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1        (4) restore offenders to useful citizenship.
2    (c) Council composition.
3        (1) The Council shall consist of the following members:
4            (A) the President of the Senate, or his or her
5        designee;
6            (B) the Minority Leader of the Senate, or his or
7        her designee;
8            (C) the Speaker of the House, or his or her
9        designee;
10            (D) the Minority Leader of the House, or his or her
11        designee;
12            (E) the Governor, or his or her designee;
13            (F) the Attorney General, or his or her designee;
14            (G) two retired judges, who may have been circuit,
15        appellate, or supreme court judges; retired judges
16        shall be selected by the members of the Council
17        designated in clauses (c)(1)(A) through (L);
18            (G-5) (blank);
19            (H) the Cook County State's Attorney, or his or her
20        designee;
21            (I) the Cook County Public Defender, or his or her
22        designee;
23            (J) a State's Attorney not from Cook County,
24        appointed by the State's Attorney's Appellate
25        Prosecutor;
26            (K) the State Appellate Defender, or his or her

 

 

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1        designee;
2            (L) the Director of the Administrative Office of
3        the Illinois Courts, or his or her designee;
4            (M) a victim of a violent felony or a
5        representative of a crime victims' organization,
6        selected by the members of the Council designated in
7        clauses (c)(1)(A) through (L);
8            (N) a representative of a community-based
9        organization, selected by the members of the Council
10        designated in clauses (c)(1)(A) through (L);
11            (O) a criminal justice academic researcher, to be
12        selected by the members of the Council designated in
13        clauses (c)(1)(A) through (L);
14            (P) a representative of law enforcement from a unit
15        of local government to be selected by the members of
16        the Council designated in clauses (c)(1)(A) through
17        (L);
18            (Q) a sheriff selected by the members of the
19        Council designated in clauses (c)(1)(A) through (L);
20        and
21            (R) ex-officio members shall include:
22                (i) the Director of Corrections, or his or her
23            designee;
24                (ii) the Chair of the Prisoner Review Board, or
25            his or her designee;
26                (iii) the Director of the Illinois State

 

 

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1            Police, or his or her designee; and
2                (iv) the Director of the Illinois Criminal
3            Justice Information Authority, or his or her
4            designee.
5        (1.5) The Chair and Vice Chair shall be elected from
6    among its members by a majority of the members of the
7    Council.
8        (2) Members of the Council who serve because of their
9    public office or position, or those who are designated as
10    members by such officials, shall serve only as long as they
11    hold such office or position.
12        (3) Council members shall serve without compensation
13    but shall be reimbursed for travel and per diem expenses
14    incurred in their work for the Council.
15        (4) The Council may exercise any power, perform any
16    function, take any action, or do anything in furtherance of
17    its purposes and goals upon the appointment of a quorum of
18    its members. The term of office of each member of the
19    Council ends on the date of repeal of this amendatory Act
20    of the 96th General Assembly.
21    (d) Duties. The Council shall perform, as resources permit,
22duties including:
23        (1) Collect and analyze information including
24    sentencing data, crime trends, and existing correctional
25    resources to support legislative and executive action
26    affecting the use of correctional resources on the State

 

 

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1    and local levels.
2        (1.5) To provide administrative support to the
3    Illinois State Criminal Justice Data, Research, and
4    Implementation Committee established in Section 5-8-9 of
5    this Code.
6        (2) Prepare criminal justice population projections
7    annually, including correctional and community-based
8    supervision populations.
9        (3) Analyze data relevant to proposed sentencing
10    legislation and its effect on current policies or
11    practices, and provide information to support
12    evidence-based sentencing.
13        (4) Ensure that adequate resources and facilities are
14    available for carrying out sentences imposed on offenders
15    and that rational priorities are established for the use of
16    those resources. To do so, the Council shall prepare
17    criminal justice resource statements, identifying the
18    fiscal and practical effects of proposed criminal
19    sentencing legislation, including, but not limited to, the
20    correctional population, court processes, and county or
21    local government resources.
22        (5) Perform such other studies or tasks pertaining to
23    sentencing policies as may be requested by the Governor or
24    the Illinois General Assembly.
25        (6) Perform such other functions as may be required by
26    law or as are necessary to carry out the purposes and goals

 

 

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1    of the Council prescribed in subsection (b).
2        (7) Publish a report on the trends in sentencing for
3    offenders described in subsection (b-1) of Section 5-4-1 of
4    this Code, the impact of the trends on the prison and
5    probation populations, and any changes in the racial
6    composition of the prison and probation populations that
7    can be attributed to the changes made by adding subsection
8    (b-1) of Section 5-4-1 to this Code by Public Act 99-861
9    this amendatory Act of the 99th General Assembly.
10    (e) Authority.
11        (1) The Council shall have the power to perform the
12    functions necessary to carry out its duties, purposes and
13    goals under this Act. In so doing, the Council shall
14    utilize information and analysis developed by the Illinois
15    Criminal Justice Information Authority, the Administrative
16    Office of the Illinois Courts, and the Illinois Department
17    of Corrections.
18        (2) Upon request from the Council, each executive
19    agency and department of State and local government shall
20    provide information and records to the Council in the
21    execution of its duties.
22    (f) Report. The Council shall report in writing annually to
23the General Assembly, the Illinois Supreme Court, and the
24Governor.
25    (g) This Section is repealed on December 31, 2020.
26(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15;

 

 

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199-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)
 
2    (730 ILCS 5/5-8-9 new)
3    Sec. 5-8-9. Illinois State Criminal Justice Data,
4Research, and Implementation Committee.
5    (a) The General Assembly acknowledges that State criminal
6justice agencies need to collect and analyze data and to
7evaluate programming so that these agencies can help policy
8makers determine that efforts to control crime and reduce
9victimization are effective. The General Assembly believes
10that an advisory group should be created to ensure that State
11criminal justice agencies have access to the data needed and
12capacities required to analyze criminal justice trends and
13evaluate programming.
14    (b) The Illinois State Criminal Justice Data, Research, and
15Implementation Advisory Committee is hereby created. The
16Committee shall:
17        (1) examine existing State and local criminal justice
18    data collection systems and assess agencies' capacities to
19    effectively analyze data and evaluate criminal justice
20    trends and programming based on national best practices;
21    and
22        (2) publish an annual report, detailing its findings
23    and recommendations to the General Assembly and the
24    Governor.
25    (c) The Committee shall consist of the following members:

 

 

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1        (1) the Executive Director of the Sentencing Policy
2    Advisory Council, who shall serve as co-chairperson;
3        (2) the Associate Research Director of the Research &
4    Analysis Unit and the Illinois Statistical Analysis Center
5    at the Illinois Criminal Justice Information Authority,
6    who shall serve as co-chair person;
7        (3) the Director of State Police, or his or her
8    designee;
9        (4) the Director of Corrections, or his or her
10    designee;
11        (5) the Director of Juvenile Justice, or his or her
12    designee;
13        (6) the Director of the Prisoner Review Board, or his
14    or her designee;
15        (7) the Director of the Department of Innovation and
16    Technology, or his or her designee;
17        (8) the Director of the Administrative Office of the
18    Illinois Courts, or his or her designee;
19        (9) 2 researchers that have experience working with
20    administrative data appointed by the co-chairs of the
21    Committee;
22        (10) a member of the House of Representative appointed
23    by the Speaker of the House of Representatives and a member
24    of the Senate appointed by the President of the Senate, one
25    of whom shall serve as co-chairperson;
26        (11) a member of the Senate appointed by the Minority

 

 

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1    Leader of the Senate; and
2        (12) a member of the House of Representatives appointed
3    by the Minority Leader of the House of Representatives;
4    (d) Administrative support for the Committee shall be
5provided by the Illinois Sentencing Policy Advisory Council.
6    (e) Each department, agency, board, or authority of the
7State or any unit of local government shall provide records or
8other information to the Committee as requested by the
9Committee to carry out its duties, provided that the Committee
10and provider of the information shall make appropriate
11arrangements to ensure that the Committee and provider of the
12information to the Committee does not violate any applicable
13laws.