SB3164 EnrolledLRB099 20432 RLC 44931 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 Sections 5-4-1 and 5-8-8 as follows:
 
6    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
7    Sec. 5-4-1. Sentencing Hearing.
8    (a) Except when the death penalty is sought under hearing
9procedures otherwise specified, after a determination of
10guilt, a hearing shall be held to impose the sentence. However,
11prior to the imposition of sentence on an individual being
12sentenced for an offense based upon a charge for a violation of
13Section 11-501 of the Illinois Vehicle Code or a similar
14provision of a local ordinance, the individual must undergo a
15professional evaluation to determine if an alcohol or other
16drug abuse problem exists and the extent of such a problem.
17Programs conducting these evaluations shall be licensed by the
18Department of Human Services. However, if the individual is not
19a resident of Illinois, the court may, in its discretion,
20accept an evaluation from a program in the state of such
21individual's residence. The court may in its sentencing order
22approve an eligible defendant for placement in a Department of
23Corrections impact incarceration program as provided in

 

 

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1Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
2order recommend a defendant for placement in a Department of
3Corrections substance abuse treatment program as provided in
4paragraph (a) of subsection (1) of Section 3-2-2 conditioned
5upon the defendant being accepted in a program by the
6Department of Corrections. At the hearing the court shall:
7        (1) consider the evidence, if any, received upon the
8    trial;
9        (2) consider any presentence reports;
10        (3) consider the financial impact of incarceration
11    based on the financial impact statement filed with the
12    clerk of the court by the Department of Corrections;
13        (4) consider evidence and information offered by the
14    parties in aggravation and mitigation;
15        (4.5) consider substance abuse treatment, eligibility
16    screening, and an assessment, if any, of the defendant by
17    an agent designated by the State of Illinois to provide
18    assessment services for the Illinois courts;
19        (5) hear arguments as to sentencing alternatives;
20        (6) afford the defendant the opportunity to make a
21    statement in his own behalf;
22        (7) afford the victim of a violent crime or a violation
23    of Section 11-501 of the Illinois Vehicle Code, or a
24    similar provision of a local ordinance, or a qualified
25    individual affected by: (i) a violation of Section 405,
26    405.1, 405.2, or 407 of the Illinois Controlled Substances

 

 

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1    Act or a violation of Section 55 or Section 65 of the
2    Methamphetamine Control and Community Protection Act, or
3    (ii) a Class 4 felony violation of Section 11-14, 11-14.3
4    except as described in subdivisions (a)(2)(A) and
5    (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
6    Criminal Code of 1961 or the Criminal Code of 2012,
7    committed by the defendant the opportunity to make a
8    statement concerning the impact on the victim and to offer
9    evidence in aggravation or mitigation; provided that the
10    statement and evidence offered in aggravation or
11    mitigation must first be prepared in writing in conjunction
12    with the State's Attorney before it may be presented orally
13    at the hearing. Any sworn testimony offered by the victim
14    is subject to the defendant's right to cross-examine. All
15    statements and evidence offered under this paragraph (7)
16    shall become part of the record of the court. For the
17    purpose of this paragraph (7), "qualified individual"
18    means any person who (i) lived or worked within the
19    territorial jurisdiction where the offense took place when
20    the offense took place; and (ii) is familiar with various
21    public places within the territorial jurisdiction where
22    the offense took place when the offense took place. For the
23    purposes of this paragraph (7), "qualified individual"
24    includes any peace officer, or any member of any duly
25    organized State, county, or municipal peace unit assigned
26    to the territorial jurisdiction where the offense took

 

 

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1    place when the offense took place;
2        (8) in cases of reckless homicide afford the victim's
3    spouse, guardians, parents or other immediate family
4    members an opportunity to make oral statements;
5        (9) in cases involving a felony sex offense as defined
6    under the Sex Offender Management Board Act, consider the
7    results of the sex offender evaluation conducted pursuant
8    to Section 5-3-2 of this Act; and
9        (10) make a finding of whether a motor vehicle was used
10    in the commission of the offense for which the defendant is
11    being sentenced.
12    (b) All sentences shall be imposed by the judge based upon
13his independent assessment of the elements specified above and
14any agreement as to sentence reached by the parties. The judge
15who presided at the trial or the judge who accepted the plea of
16guilty shall impose the sentence unless he is no longer sitting
17as a judge in that court. Where the judge does not impose
18sentence at the same time on all defendants who are convicted
19as a result of being involved in the same offense, the
20defendant or the State's Attorney may advise the sentencing
21court of the disposition of any other defendants who have been
22sentenced.
23    (b-1) In imposing a sentence of imprisonment or periodic
24imprisonment for a Class 3 or Class 4 felony for which a
25sentence of probation or conditional discharge is an available
26sentence, if the defendant has no prior sentence of probation

 

 

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1or conditional discharge and no prior conviction for a violent
2crime, the defendant shall not be sentenced to imprisonment
3before review and consideration of a presentence report and
4determination and explanation of why the particular evidence,
5information, factor in aggravation, factual finding, or other
6reasons support a sentencing determination that one or more of
7the factors under subsection (a) of Section 5-6-1 of this Code
8apply and that probation or conditional discharge is not an
9appropriate sentence.
10    (c) In imposing a sentence for a violent crime or for an
11offense of operating or being in physical control of a vehicle
12while under the influence of alcohol, any other drug or any
13combination thereof, or a similar provision of a local
14ordinance, when such offense resulted in the personal injury to
15someone other than the defendant, the trial judge shall specify
16on the record the particular evidence, information, factors in
17mitigation and aggravation or other reasons that led to his
18sentencing determination. The full verbatim record of the
19sentencing hearing shall be filed with the clerk of the court
20and shall be a public record.
21    (c-1) In imposing a sentence for the offense of aggravated
22kidnapping for ransom, home invasion, armed robbery,
23aggravated vehicular hijacking, aggravated discharge of a
24firearm, or armed violence with a category I weapon or category
25II weapon, the trial judge shall make a finding as to whether
26the conduct leading to conviction for the offense resulted in

 

 

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1great bodily harm to a victim, and shall enter that finding and
2the basis for that finding in the record.
3    (c-2) If the defendant is sentenced to prison, other than
4when a sentence of natural life imprisonment or a sentence of
5death is imposed, at the time the sentence is imposed the judge
6shall state on the record in open court the approximate period
7of time the defendant will serve in custody according to the
8then current statutory rules and regulations for sentence
9credit found in Section 3-6-3 and other related provisions of
10this Code. This statement is intended solely to inform the
11public, has no legal effect on the defendant's actual release,
12and may not be relied on by the defendant on appeal.
13    The judge's statement, to be given after pronouncing the
14sentence, other than when the sentence is imposed for one of
15the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
16shall include the following:
17    "The purpose of this statement is to inform the public of
18the actual period of time this defendant is likely to spend in
19prison as a result of this sentence. The actual period of
20prison time served is determined by the statutes of Illinois as
21applied to this sentence by the Illinois Department of
22Corrections and the Illinois Prisoner Review Board. In this
23case, assuming the defendant receives all of his or her
24sentence credit, the period of estimated actual custody is ...
25years and ... months, less up to 180 days additional sentence
26credit for good conduct. If the defendant, because of his or

 

 

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1her own misconduct or failure to comply with the institutional
2regulations, does not receive those credits, the actual time
3served in prison will be longer. The defendant may also receive
4an additional one-half day sentence credit for each day of
5participation in vocational, industry, substance abuse, and
6educational programs as provided for by Illinois statute."
7    When the sentence is imposed for one of the offenses
8enumerated in paragraph (a)(3) of Section 3-6-3, other than
9when the sentence is imposed for one of the offenses enumerated
10in paragraph (a)(2) of Section 3-6-3 committed on or after June
1119, 1998, and other than when the sentence is imposed for
12reckless homicide as defined in subsection (e) of Section 9-3
13of the Criminal Code of 1961 or the Criminal Code of 2012 if
14the offense was committed on or after January 1, 1999, and
15other than when the sentence is imposed for aggravated arson if
16the offense was committed on or after July 27, 2001 (the
17effective date of Public Act 92-176), and other than when the
18sentence is imposed for aggravated driving under the influence
19of alcohol, other drug or drugs, or intoxicating compound or
20compounds, or any combination thereof as defined in
21subparagraph (C) of paragraph (1) of subsection (d) of Section
2211-501 of the Illinois Vehicle Code committed on or after
23January 1, 2011 (the effective date of Public Act 96-1230), the
24judge's statement, to be given after pronouncing the sentence,
25shall include the following:
26    "The purpose of this statement is to inform the public of

 

 

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1the actual period of time this defendant is likely to spend in
2prison as a result of this sentence. The actual period of
3prison time served is determined by the statutes of Illinois as
4applied to this sentence by the Illinois Department of
5Corrections and the Illinois Prisoner Review Board. In this
6case, assuming the defendant receives all of his or her
7sentence credit, the period of estimated actual custody is ...
8years and ... months, less up to 90 days additional sentence
9credit for good conduct. If the defendant, because of his or
10her own misconduct or failure to comply with the institutional
11regulations, does not receive those credits, the actual time
12served in prison will be longer. The defendant may also receive
13an additional one-half day sentence credit for each day of
14participation in vocational, industry, substance abuse, and
15educational programs as provided for by Illinois statute."
16    When the sentence is imposed for one of the offenses
17enumerated in paragraph (a)(2) of Section 3-6-3, other than
18first degree murder, and the offense was committed on or after
19June 19, 1998, and when the sentence is imposed for reckless
20homicide as defined in subsection (e) of Section 9-3 of the
21Criminal Code of 1961 or the Criminal Code of 2012 if the
22offense was committed on or after January 1, 1999, and when the
23sentence is imposed for aggravated driving under the influence
24of alcohol, other drug or drugs, or intoxicating compound or
25compounds, or any combination thereof as defined in
26subparagraph (F) of paragraph (1) of subsection (d) of Section

 

 

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111-501 of the Illinois Vehicle Code, and when the sentence is
2imposed for aggravated arson if the offense was committed on or
3after July 27, 2001 (the effective date of Public Act 92-176),
4and when the sentence is imposed for aggravated driving under
5the influence of alcohol, other drug or drugs, or intoxicating
6compound or compounds, or any combination thereof as defined in
7subparagraph (C) of paragraph (1) of subsection (d) of Section
811-501 of the Illinois Vehicle Code committed on or after
9January 1, 2011 (the effective date of Public Act 96-1230), the
10judge's statement, to be given after pronouncing the sentence,
11shall include the following:
12    "The purpose of this statement is to inform the public of
13the actual period of time this defendant is likely to spend in
14prison as a result of this sentence. The actual period of
15prison time served is determined by the statutes of Illinois as
16applied to this sentence by the Illinois Department of
17Corrections and the Illinois Prisoner Review Board. In this
18case, the defendant is entitled to no more than 4 1/2 days of
19sentence credit for each month of his or her sentence of
20imprisonment. Therefore, this defendant will serve at least 85%
21of his or her sentence. Assuming the defendant receives 4 1/2
22days credit for each month of his or her sentence, the period
23of estimated actual custody is ... years and ... months. If the
24defendant, because of his or her own misconduct or failure to
25comply with the institutional regulations receives lesser
26credit, the actual time served in prison will be longer."

 

 

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1    When a sentence of imprisonment is imposed for first degree
2murder and the offense was committed on or after June 19, 1998,
3the judge's statement, to be given after pronouncing the
4sentence, shall include the following:
5    "The purpose of this statement is to inform the public of
6the actual period of time this defendant is likely to spend in
7prison as a result of this sentence. The actual period of
8prison time served is determined by the statutes of Illinois as
9applied to this sentence by the Illinois Department of
10Corrections and the Illinois Prisoner Review Board. In this
11case, the defendant is not entitled to sentence credit.
12Therefore, this defendant will serve 100% of his or her
13sentence."
14    When the sentencing order recommends placement in a
15substance abuse program for any offense that results in
16incarceration in a Department of Corrections facility and the
17crime was committed on or after September 1, 2003 (the
18effective date of Public Act 93-354), the judge's statement, in
19addition to any other judge's statement required under this
20Section, to be given after pronouncing the sentence, shall
21include the following:
22    "The purpose of this statement is to inform the public of
23the actual period of time this defendant is likely to spend in
24prison as a result of this sentence. The actual period of
25prison time served is determined by the statutes of Illinois as
26applied to this sentence by the Illinois Department of

 

 

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1Corrections and the Illinois Prisoner Review Board. In this
2case, the defendant shall receive no sentence credit for good
3conduct under clause (3) of subsection (a) of Section 3-6-3
4until he or she participates in and completes a substance abuse
5treatment program or receives a waiver from the Director of
6Corrections pursuant to clause (4.5) of subsection (a) of
7Section 3-6-3."
8    (c-4) Before the sentencing hearing and as part of the
9presentence investigation under Section 5-3-1, the court shall
10inquire of the defendant whether the defendant is currently
11serving in or is a veteran of the Armed Forces of the United
12States. If the defendant is currently serving in the Armed
13Forces of the United States or is a veteran of the Armed Forces
14of the United States and has been diagnosed as having a mental
15illness by a qualified psychiatrist or clinical psychologist or
16physician, the court may:
17        (1) order that the officer preparing the presentence
18    report consult with the United States Department of
19    Veterans Affairs, Illinois Department of Veterans'
20    Affairs, or another agency or person with suitable
21    knowledge or experience for the purpose of providing the
22    court with information regarding treatment options
23    available to the defendant, including federal, State, and
24    local programming; and
25        (2) consider the treatment recommendations of any
26    diagnosing or treating mental health professionals

 

 

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1    together with the treatment options available to the
2    defendant in imposing sentence.
3    For the purposes of this subsection (c-4), "qualified
4psychiatrist" means a reputable physician licensed in Illinois
5to practice medicine in all its branches, who has specialized
6in the diagnosis and treatment of mental and nervous disorders
7for a period of not less than 5 years.
8    (c-6) In imposing a sentence, the trial judge shall
9specify, on the record, the particular evidence and other
10reasons which led to his or her determination that a motor
11vehicle was used in the commission of the offense.
12    (d) When the defendant is committed to the Department of
13Corrections, the State's Attorney shall and counsel for the
14defendant may file a statement with the clerk of the court to
15be transmitted to the department, agency or institution to
16which the defendant is committed to furnish such department,
17agency or institution with the facts and circumstances of the
18offense for which the person was committed together with all
19other factual information accessible to them in regard to the
20person prior to his commitment relative to his habits,
21associates, disposition and reputation and any other facts and
22circumstances which may aid such department, agency or
23institution during its custody of such person. The clerk shall
24within 10 days after receiving any such statements transmit a
25copy to such department, agency or institution and a copy to
26the other party, provided, however, that this shall not be

 

 

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1cause for delay in conveying the person to the department,
2agency or institution to which he has been committed.
3    (e) The clerk of the court shall transmit to the
4department, agency or institution, if any, to which the
5defendant is committed, the following:
6        (1) the sentence imposed;
7        (2) any statement by the court of the basis for
8    imposing the sentence;
9        (3) any presentence reports;
10        (3.5) any sex offender evaluations;
11        (3.6) any substance abuse treatment eligibility
12    screening and assessment of the defendant by an agent
13    designated by the State of Illinois to provide assessment
14    services for the Illinois courts;
15        (4) the number of days, if any, which the defendant has
16    been in custody and for which he is entitled to credit
17    against the sentence, which information shall be provided
18    to the clerk by the sheriff;
19        (4.1) any finding of great bodily harm made by the
20    court with respect to an offense enumerated in subsection
21    (c-1);
22        (5) all statements filed under subsection (d) of this
23    Section;
24        (6) any medical or mental health records or summaries
25    of the defendant;
26        (7) the municipality where the arrest of the offender

 

 

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1    or the commission of the offense has occurred, where such
2    municipality has a population of more than 25,000 persons;
3        (8) all statements made and evidence offered under
4    paragraph (7) of subsection (a) of this Section; and
5        (9) all additional matters which the court directs the
6    clerk to transmit.
7    (f) In cases in which the court finds that a motor vehicle
8was used in the commission of the offense for which the
9defendant is being sentenced, the clerk of the court shall,
10within 5 days thereafter, forward a report of such conviction
11to the Secretary of State.
12(Source: P.A. 96-86, eff. 1-1-10; 96-1180, eff. 1-1-11;
1396-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff.
148-12-11; 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
 
15    (730 ILCS 5/5-8-8)
16    (Section scheduled to be repealed on December 31, 2020)
17    Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
18    (a) Creation. There is created under the jurisdiction of
19the Governor the Illinois Sentencing Policy Advisory Council,
20hereinafter referred to as the Council.
21    (b) Purposes and goals. The purpose of the Council is to
22review sentencing policies and practices and examine how these
23policies and practices impact the criminal justice system as a
24whole in the State of Illinois. In carrying out its duties, the
25Council shall be mindful of and aim to achieve the purposes of

 

 

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1sentencing in Illinois, which are set out in Section 1-1-2 of
2this Code:
3        (1) prescribe sanctions proportionate to the
4    seriousness of the offenses and permit the recognition of
5    differences in rehabilitation possibilities among
6    individual offenders;
7        (2) forbid and prevent the commission of offenses;
8        (3) prevent arbitrary or oppressive treatment of
9    persons adjudicated offenders or delinquents; and
10        (4) restore offenders to useful citizenship.
11    (c) Council composition.
12        (1) The Council shall consist of the following members:
13            (A) the President of the Senate, or his or her
14        designee;
15            (B) the Minority Leader of the Senate, or his or
16        her designee;
17            (C) the Speaker of the House, or his or her
18        designee;
19            (D) the Minority Leader of the House, or his or her
20        designee;
21            (E) the Governor, or his or her designee;
22            (F) the Attorney General, or his or her designee;
23            (G) two retired judges, who may have been circuit,
24        appellate, or supreme court judges; retired judges
25        appointed prior to the effective date of this
26        amendatory Act of the 98th General Assembly shall be

 

 

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1        selected by the members of the Council designated in
2        clauses (c)(1)(A) through (L), and retired judges
3        appointed on or after the effective date of this
4        amendatory Act of the 98th General Assembly shall be
5        appointed by the Chief Justice of the Illinois Supreme
6        Court;
7            (G-5) two sitting judges, who may be circuit,
8        appellate, or supreme court judges, appointed by the
9        Chief Justice of the Supreme Court; one member
10        appointed under this paragraph (G-5) shall be selected
11        from the Circuit Court of Cook County or the First
12        Judicial District, and one member appointed under this
13        paragraph (G-5) shall be selected from a judicial
14        circuit or district other than the Circuit Court of
15        Cook County or the First Judicial District;
16            (H) the Cook County State's Attorney, or his or her
17        designee;
18            (I) the Cook County Public Defender, or his or her
19        designee;
20            (J) a State's Attorney not from Cook County,
21        appointed by the State's Attorney's Appellate
22        Prosecutor;
23            (K) the State Appellate Defender, or his or her
24        designee;
25            (L) the Director of the Administrative Office of
26        the Illinois Courts, or his or her designee;

 

 

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

 

 

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

 

 

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1    supervision populations.
2        (3) Analyze data relevant to proposed sentencing
3    legislation and its effect on current policies or
4    practices, and provide information to support
5    evidence-based sentencing.
6        (4) Ensure that adequate resources and facilities are
7    available for carrying out sentences imposed on offenders
8    and that rational priorities are established for the use of
9    those resources. To do so, the Council shall prepare
10    criminal justice resource statements, identifying the
11    fiscal and practical effects of proposed criminal
12    sentencing legislation, including, but not limited to, the
13    correctional population, court processes, and county or
14    local government resources.
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 this amendatory Act
2    of the 99th General Assembly.
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 to
16the General Assembly, the Illinois Supreme Court, and the
17Governor.
18    (g) This Section is repealed on December 31, 2020.
19(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15.)