HB3241 EnrolledLRB103 29427 RLC 55818 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
5    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        shall be selected by the members of the Council
19        designated in clauses (c)(1)(A) through (L);
20            (G-5) (blank);
21            (H) the Cook County State's Attorney, or his or
22        her designee;
23            (I) the Cook County Public Defender, or his or her
24        designee;
25            (J) a State's Attorney not from Cook County,
26        appointed by the State's Attorney's Appellate



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



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



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



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1    reports to the Governor and General Assembly, including
2    the total number of persons sentenced under Section
3    5-4.5-110 of this Code, the total number of departures
4    from sentences under Section 5-4.5-110 of this Code, and
5    an analysis of trends in sentencing and departures. On or
6    before December 31, 2022, the Sentencing Policy Advisory
7    Council shall provide a report to the Governor and General
8    Assembly on the effectiveness of sentencing under Section
9    5-4.5-110 of this Code, including recommendations on
10    whether sentencing under Section 5-4.5-110 of this Code
11    should be adjusted or continued.
12        (4.6) Study and identify discriminatory practices in
13    sentencing across this State and make recommendations to
14    the Governor and General Assembly regarding ways to remedy
15    those discriminatory practices.
16        (5) Perform such other studies or tasks pertaining to
17    sentencing policies as may be requested by the Governor or
18    the Illinois General Assembly.
19        (6) Perform such other functions as may be required by
20    law or as are necessary to carry out the purposes and goals
21    of the Council prescribed in subsection (b).
22        (7) Publish a report on the trends in sentencing for
23    offenders described in subsection (b-1) of Section 5-4-1
24    of this Code, the impact of the trends on the prison and
25    probation populations, and any changes in the racial
26    composition of the prison and probation populations that



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1    can be attributed to the changes made by adding subsection
2    (b-1) of Section 5-4-1 to this Code by Public Act 99-861.
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
16to the General Assembly, the Illinois Supreme Court, and the
18    (g) (Blank).
19(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17;
20101-279, eff. 8-9-19.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.