101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4565

 

Introduced 2/5/2020, by Rep. Camille Y. Lilly

 

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

    Amends the Unified Code of Corrections. Provides that the Illinois Sentencing Policy Advisory Council shall study and identify discriminatory practices in sentencing across the State and make recommendations to the Governor and General Assembly regarding ways to remedy those discriminatory practices. Effective immediately.


LRB101 17617 RLC 67044 b

 

 

A BILL FOR

 

HB4565LRB101 17617 RLC 67044 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    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

 

 

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

 

 

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

 

 

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

 

 

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1duties including:
2        (1) Collect and analyze information including
3    sentencing data, crime trends, and existing correctional
4    resources to support legislative and executive action
5    affecting the use of correctional resources on the State
6    and local levels.
7        (2) Prepare criminal justice population projections
8    annually, including correctional and community-based
9    supervision populations.
10        (3) Analyze data relevant to proposed sentencing
11    legislation and its effect on current policies or
12    practices, and provide information to support
13    evidence-based sentencing.
14        (4) Ensure that adequate resources and facilities are
15    available for carrying out sentences imposed on offenders
16    and that rational priorities are established for the use of
17    those resources. To do so, the Council shall prepare
18    criminal justice resource statements, identifying the
19    fiscal and practical effects of proposed criminal
20    sentencing legislation, including, but not limited to, the
21    correctional population, court processes, and county or
22    local government resources.
23        (4.5) Study and conduct a thorough analysis of
24    sentencing under Section 5-4.5-110 of this Code. The
25    Sentencing Policy Advisory Council shall provide annual
26    reports to the Governor and General Assembly, including the

 

 

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1    total number of persons sentenced under Section 5-4.5-110
2    of this Code, the total number of departures from sentences
3    under Section 5-4.5-110 of this Code, and an analysis of
4    trends in sentencing and departures. On or before December
5    31, 2022, the Sentencing Policy Advisory Council shall
6    provide a report to the Governor and General Assembly on
7    the effectiveness of sentencing under Section 5-4.5-110 of
8    this Code, including recommendations on whether sentencing
9    under Section 5-4.5-110 of this Code should be adjusted or
10    continued.
11        (4.6) Study and identify discriminatory practices in
12    sentencing across this State and make recommendations to
13    the Governor and General Assembly regarding ways to remedy
14    those discriminatory practices.
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 Public Act 99-861.
2    (e) Authority.
3        (1) The Council shall have the power to perform the
4    functions necessary to carry out its duties, purposes and
5    goals under this Act. In so doing, the Council shall
6    utilize information and analysis developed by the Illinois
7    Criminal Justice Information Authority, the Administrative
8    Office of the Illinois Courts, and the Illinois Department
9    of Corrections.
10        (2) Upon request from the Council, each executive
11    agency and department of State and local government shall
12    provide information and records to the Council in the
13    execution of its duties.
14    (f) Report. The Council shall report in writing annually to
15the General Assembly, the Illinois Supreme Court, and the
16Governor.
17    (g) (Blank).
18(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17;
19101-279, eff. 8-9-19.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.