Public Act 097-0775
 
HB4031 EnrolledLRB097 16541 MRW 61711 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Unified Code of Corrections is amended  by 
changing Section 5-8-8 as follows:
 
    (730 ILCS 5/5-8-8)
    (Section scheduled to be repealed on December 31, 2012)
    Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
    (a) Creation.  There is created under the jurisdiction of 
the Governor the Illinois Sentencing Policy Advisory Council, 
hereinafter referred to as the Council.
    (b)  Purposes and goals.  The purpose of the Council is to 
review sentencing policies and practices and examine how these 
policies and practices impact the criminal justice system as a 
whole in the State of Illinois.

In carrying out its duties, the 
Council shall be mindful of and aim to achieve the purposes of

sentencing in Illinois, which are set out in Section 1-1-2 of 
this Code:
        (1) prescribe sanctions proportionate to the 
    seriousness of the offenses and permit the recognition of 
    differences in rehabilitation possibilities among 
    individual offenders;
        (2) forbid and prevent the commission of offenses;
        (3) prevent arbitrary or oppressive treatment of 
    persons adjudicated offenders or delinquents; and
        (4) restore offenders to useful citizenship.
    (c) Council composition.
        (1) The Council shall consist of the following members:
            (A) the President of the Senate, or his or her 
        designee;
            (B) the Minority Leader of the Senate, or his or 
        her designee;
            (C) the Speaker of the House, or his or her 
        designee;
            (D) the Minority Leader of the House, or his or her 
        designee;
            (E) the Governor, or his or her designee;
            (F) the Attorney General, or his or her designee;
            (G) two retired judges, who may have been circuit, 
    appellate or supreme court judges, selected by the members 
    of the Council designated in clauses (c)(1)(A) through (L); 
            (H) the Cook County State's Attorney, or his or her 
        designee;
            (I) the Cook County Public Defender, or his or her 
        designee;
            (J) a State's Attorney not from Cook County, 
        appointed by the State's Attorney's
Appellate 
        Prosecutor;
            (K) the State Appellate Defender, or his or her 
        designee;
            (L) the Director of the Administrative Office of 
    the Illinois Courts, or his or her designee; 
            (M) a victim of a violent felony or a 
        representative of a crime victims' organization,

        selected by the members of the Council designated in 
        clauses (c)(1)(A) through (L);
            (N) a representative of a community-based 
        organization, selected by the members of
the Council 
        designated in clauses (c)(1)(A) through (L);
            (O) a criminal justice academic researcher, to be 
        selected by the members of the
Council designated in 
        clauses (c)(1)(A) through (L);
            (P) a representative of law enforcement from a unit 
        of local government to be
selected by the members of 
        the Council designated in clauses (c)(1)(A) through 
        (L);
            (Q) a sheriff selected by the members of the 
        Council designated in clauses (c)(1)(A) through (L); 
        and 
            (R) ex-officio members shall include:
                (i) the Director of Corrections, or his or her 
            designee;
                (ii) the Chair of the Prisoner Review Board, or 
            his or her designee;
                (iii) the Director of the Illinois State 
            Police, or his or her designee;
                (iv) the Director of the Illinois Criminal 
            Justice Information Authority, or his
or her 
            designee; and
                (v)  the assistant Director of the 
            Administrative Office of the Illinois Courts, or 
            his or her designee.
        (1.5) The Chair and Vice Chair shall be elected from 
    among its members by a majority of the members of the 
    Council.
        (2) Members of the Council who serve because of their 
    public office or position, or those who are designated as 
    members by such officials, shall serve only as long as they 
    hold such office or position.
        (3) Council members shall serve without compensation 
    but shall be reimbursed for travel and per diem expenses 
    incurred in their work for the Council.
        (4)  The Council may exercise any power, perform any 
    function, take any action, or do anything in furtherance of 
    its purposes and goals

upon the appointment of a quorum of 
    its members. The term of office of each member of the 
    Council ends on the date of repeal of this amendatory Act 
    of the 96th General Assembly. 
    (d) Duties.  The Council shall perform, as resources permit, 
duties including:
        (1) Collect and analyze information including 
    sentencing data, crime trends, and existing correctional 
    resources to support legislative and executive action 
    affecting the use of correctional resources on the State 
    and local levels.
        (2) Prepare criminal justice population projections 
    annually, including correctional and community-based 
    supervision populations.
        (3) Analyze data relevant to proposed sentencing 
    legislation and its effect on current policies or 
    practices, and provide information to support 
    evidence-based sentencing.
        (4) Ensure that adequate resources and facilities are 
    available for carrying out sentences imposed on offenders 
    and that rational priorities are established for the use of 
    those resources. To do so, the Council shall prepare 
    criminal justice resource statements, identifying the 
    fiscal and practical effects of proposed criminal 
    sentencing legislation, including, but not limited to, the 
    correctional population, court processes, and county or 
    local government resources.
        (5) Perform such other studies or tasks pertaining to 
    sentencing policies as may be requested by the Governor or 
    the Illinois General Assembly.
        (6) Perform such other functions as may be required by 
    law or as are necessary to carry out the purposes and goals 
    of the Council prescribed in subsection (b).
    (e) Authority.
        (1) The Council shall have the power to perform the 
    functions necessary to carry out its duties, purposes and 
    goals under this Act. In so doing, the Council shall 
    utilize information and analysis developed by the Illinois 
    Criminal Justice Information Authority, the Administrative 
    Office of the Illinois Courts, and the Illinois Department 
    of Corrections.
        (2) Upon request from the Council, each executive 
    agency and department of State and local government shall 
    provide information and records to the Council in the 
    execution of its duties.
    (f) Report.  The Council shall report in writing annually to 
the General Assembly and  the Governor.
    (g)  This Section is repealed on December 31, 2015 2012. 

(Source: P.A. 96-711, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.