Sen. John J. Cullerton

Filed: 5/26/2009

 

 


 

 


 
09600SB1320sam002 LRB096 09464 RLC 27387 a

1
AMENDMENT TO SENATE BILL 1320

2     AMENDMENT NO. ______. Amend Senate Bill 1320 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Unified Code of Corrections is amended by
5 adding Section 5-8-8 as follows:
 
6     (730 ILCS 5/5-8-8 new)
7     Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
8     (a) Creation. There is created under the jurisdiction of
9 the Governor the Illinois Sentencing Policy Advisory Council,
10 hereinafter referred to as the Council.
11     (b) Purposes and goals. The purpose of the Council is to
12 review sentencing policies and practices and examine how these
13 policies and practices impact the criminal justice system as a
14 whole in the State of Illinois. In carrying out its duties, the
15 Council shall be mindful of and aim to achieve the purposes of
16 sentencing in Illinois, which are set out in Section 1-1-2 of

 

 

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1 this Code:
2         (1) prescribe sanctions proportionate to the
3     seriousness of the offenses and permit the recognition of
4     differences in rehabilitation possibilities among
5     individual offenders;
6         (2) forbid and prevent the commission of offenses;
7         (3) prevent arbitrary or oppressive treatment of
8     persons adjudicated offenders or delinquents; and
9         (4) restore offenders to useful citizenship.
10     (c) Council composition.
11         (1) The Council shall consist of the following members:
12             (A) the President of the Senate or his or her
13         designee;
14             (B) the Minority Leader of the Senate or his or her
15         designee;
16             (C) the Speaker of the House or his or her
17         designee;
18             (D) the Minority Leader of the House or his or her
19         designee;
20             (E) the Governor, or his or her designee;
21             (F) the Attorney General, or his or her designee;
22             (G) two retired judges, who may have been circuit,
23     appellate or supreme court judges, selected by the members
24     of the Council designated in clauses (c)(1) (A) through
25     (L);
26             (H) the Cook County State's Attorney, or his or her

 

 

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1         designee;
2             (I) the Cook County Public Defender, or his or her
3         designee;
4             (J) a State's Attorney not from Cook County,
5         appointed by the State's Attorney's Appellate
6         Prosecutor;
7             (K) the State Appellate Defender, or his or her
8         designee;
9             (L) the Director of the Administrative Office of
10     the Illinois Courts, or his or her designee;
11             (M) a victim of a violent felony or a
12         representative of a crime victims' organization,
13         selected by the members of the Council designated in
14         clauses (c)(1)(A) through (L);
15             (N) a representative of a community-based
16         organization, selected by the members of the Council
17         designated in clauses (c)(1)(A) through ((L);
18             (O) a criminal justice academic researcher, to be
19         selected by the members of the Council designated in
20         clauses (c)(1)(A) through ((L));
21             (P) a representative of law enforcement from a unit
22         of local government to be selected by the members of
23         the Council designated in clauses (c)(1)(A) through
24         ((L));
25             (Q) a sheriff selected by the members of the
26         Council designated in clauses (c)(1)(A) through ((L));

 

 

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1             (R) ex-officio members shall include:
2                 (i) the Director of Corrections, or his or her
3             designee;
4                 (ii) the Chair of the Prisoner Review Board, or
5             his or her designee;
6                 (iii) the Director of the Illinois State
7             Police, or his or her designee;
8                 (iv) the Director of the Illinois Criminal
9             Justice Information Authority, or his or her
10             designee; and
11                 (v) the assistant Director of the
12             Administrative Office of the Illinois Courts, or
13             his or her designee; and
14             (T) the Chair and Vice Chair shall be elected from
15         among its members by a majority of the members of the
16         Council.
17         (2) Members of the Council who serve because of their
18     public office or position, or those who are designated as
19     members by such officials, shall serve only as long as they
20     hold such office or position.
21         (3) Council members shall serve without compensation
22     but shall be reimbursed for travel and per diem expenses
23     incurred in their work for the Council.
24         (4) The Council may exercise any power, perform any
25     function, take any action, or do anything in furtherance of
26     its purposes and goals upon the appointment of a quorum of

 

 

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1     its members. The term of office of each member of the
2     Council ends on the date of repeal of this amendatory Act
3     of the 96th General Assembly.
4     (d) Duties. The Council shall perform, as resources permit,
5 duties including:
6         (1) Collect and analyze information including
7     sentencing data, crime trends, and existing correctional
8     resources to support legislative and executive action
9     affecting the use of correctional resources on the State
10     and local levels.
11         (2) Prepare criminal justice population projections
12     annually, including correctional and community-based
13     supervision populations.
14         (3) Analyze data relevant to proposed sentencing
15     legislation and its effect on current policies or
16     practices, and provide information to support
17     evidence-based sentencing.
18         (4) Ensure that adequate resources and facilities are
19     available for carrying out sentences imposed on offenders
20     and that rational priorities are established for the use of
21     those resources. To do so, the Council shall prepare
22     criminal justice resource statements, identifying the
23     fiscal and practical effects of proposed criminal
24     sentencing legislation, including, but not limited to, the
25     correctional population, court processes, and county or
26     local government resources.

 

 

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1         (5) Perform such other studies or tasks pertaining to
2     sentencing policies as may be requested by the Governor or
3     the Illinois General Assembly.
4         (6) Perform such other functions as may be required by
5     law or as are necessary to carry out the purposes and goals
6     of the Council prescribed in subsection (b).
7     (e) Authority.
8         (1) The Council shall have the power to perform the
9     functions necessary to carry out its duties, purposes and
10     goals under this Act. In so doing, the Council shall
11     utilize information and analysis developed by the Illinois
12     Criminal Justice Information Authority, the Administrative
13     Office of the Illinois Courts, and the Illinois Department
14     of Corrections.
15         (2) Upon request from the Council, each executive
16     agency and department of State and local government shall
17     provide information and records to the Council in the
18     execution of its duties.
19     (f) Report. The Council shall report in writing annually to
20 the General Assembly and the Governor.
21     (g) This Section is repealed on December 31, 2012.
 
22     Section 99. Effective date. This Act takes effect upon
23 becoming law.".