Public Act 098-0065
 
HB1533 EnrolledLRB098 09021 HLH 39157 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  





 
    Section 5. The Personnel Code is amended  by changing 
Section 4c as follows:
 
    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
    Sec. 4c. General exemptions.   The following positions in 
State
service shall be exempt from jurisdictions A, B, and C, 
unless the
jurisdictions shall be extended as provided in this 
Act:


        (1) All officers elected by the people.


        (2) All positions under the Lieutenant Governor, 
    Secretary of State,
State Treasurer, State Comptroller, 
    State Board of Education, Clerk of
the Supreme Court,

    Attorney General, and State Board of Elections.


        (3) Judges, and officers and employees of the courts, 
    and notaries
public.


        (4) All officers and employees of the Illinois General 
    Assembly, all
employees of legislative commissions, all 
    officers and employees of  the
Illinois Legislative 
    Reference Bureau, the Legislative
Research Unit, and the 
    Legislative Printing Unit.


        (5) All positions in the Illinois National Guard and 
    Illinois State
Guard, paid from federal funds or positions

    in the State  Military Service filled by enlistment and paid 
    from State
funds.


        (6) All employees of the Governor at the executive 
    mansion and on
his immediate personal staff.


        (7) Directors of Departments, the Adjutant General, 
    the Assistant
Adjutant General, the Director of the 
    Illinois Emergency
Management Agency, members of boards 
    and commissions,  and all other
positions appointed by the 
    Governor by and with the consent of the
Senate.


        (8) The presidents, other principal administrative 
    officers, and
teaching, research and extension faculties 
    of
Chicago State University, Eastern Illinois University, 
    Governors State
University, Illinois State University, 
    Northeastern Illinois University,
Northern Illinois 
    University, Western Illinois University, the Illinois

    Community College Board, Southern Illinois
University, 
    Illinois Board of Higher Education, University of

    Illinois, State Universities Civil Service System, 
    University Retirement
System of Illinois, and the 
    administrative officers and scientific and
technical staff 
    of the Illinois State Museum.


        (9) All other employees except the presidents, other 
    principal
administrative officers, and teaching, research 
    and extension faculties
of the universities under the 
    jurisdiction of the Board of Regents and
the colleges and 
    universities under the  jurisdiction of the Board of

    Governors of State Colleges and Universities, Illinois 
    Community College
Board, Southern Illinois University, 
    Illinois Board of Higher Education,
Board of Governors of 
    State Colleges and Universities, the Board of
Regents, 
    University  of Illinois, State Universities Civil Service

    System, University Retirement System of Illinois, so long 
    as these are
subject to the provisions of the State 
    Universities Civil Service Act.


        (10) The State Police so long as they are subject to 
    the merit
provisions of the State Police Act.


        (11) (Blank).


        (12) The technical and engineering staffs of the 
    Department of
Transportation, the Department of Nuclear 
    Safety, the Pollution Control
Board, and the Illinois 
    Commerce Commission, and the technical and engineering

    staff providing architectural and engineering services in 
    the Department of
Central Management Services.


        (13) All employees of the Illinois State Toll Highway 
    Authority.


        (14) The Secretary of the Illinois Workers' 
    Compensation Commission.


        (15) All persons who are appointed or employed by the 
    Director of
Insurance  under authority of Section 202 of the 
    Illinois Insurance Code
to assist the Director  of Insurance 
    in discharging his responsibilities
relating to the 
    rehabilitation, liquidation, conservation, and
dissolution 
    of companies that are subject to the jurisdiction of the

    Illinois  Insurance Code.


        (16) All employees of the St. Louis Metropolitan Area 
    Airport
Authority.


        (17) All investment officers employed by the Illinois 
    State Board of
Investment.


        (18) Employees of the Illinois Young Adult 
    Conservation Corps program,
administered by the Illinois 
    Department of Natural Resources, authorized
grantee under 
    Title VIII of the Comprehensive
Employment and Training Act 
    of 1973, 29 USC 993.


        (19) Seasonal employees of the Department of 
    Agriculture for the
operation of the Illinois State Fair 
    and the DuQuoin State Fair, no one
person receiving more 
    than 29 days of such employment in any calendar year.


        (20) All "temporary" employees hired under the 
    Department of Natural
Resources' Illinois Conservation 
    Service, a youth
employment program that hires young people 
    to work in State parks for a period
of one year or less.


        (21) All hearing officers of the Human Rights 
    Commission.


        (22) All employees of the Illinois Mathematics and 
    Science Academy.


        (23) All employees of the Kankakee River Valley Area

    Airport Authority.


        (24) The commissioners and employees of the Executive 
    Ethics
Commission.

        (25) The Executive Inspectors General, including 
    special Executive
Inspectors General, and employees of 
    each Office of an
Executive Inspector General.

        (26) The commissioners and employees of the 
    Legislative Ethics
Commission.


        (27) The Legislative Inspector General, including 
    special Legislative
Inspectors General, and employees of 
    the Office of
the Legislative Inspector General.


        (28) The Auditor General's Inspector General and 
    employees of the Office
of the Auditor General's Inspector 
    General.


        (29) All employees of the Illinois Power Agency. 
        (30) Employees having demonstrable, defined advanced 
    skills in accounting, financial reporting, or technical 
    expertise who are employed within executive branch 
    agencies and whose duties are directly related to the 
    submission to the Office of the Comptroller of financial 
    information for the publication of the Comprehensive 
    Annual Financial Report (CAFR). 
        (31)  All employees of the Illinois Sentencing Policy 
    Advisory Council. 
(Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12.)

 
    Section 10. 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, 2015)
    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; retired judges 
        appointed prior to the effective date of this 
        amendatory Act of the 98th General Assembly shall be , 
        selected by the members of the Council designated in 
        clauses (c)(1)(A) through (L), and retired judges 
        appointed on or after the effective date of this 
        amendatory Act of the 98th General Assembly shall be 
        appointed by the Chief Justice of the Illinois Supreme 
        Court; 
            (G-5)  two sitting judges, who may be circuit, 
        appellate, or supreme court judges, appointed by the 
        Chief Justice of the Supreme Court; one member 
        appointed under this paragraph (G-5) shall be selected 
        from the Circuit Court of Cook County or the First 
        Judicial District, and one member appointed under this 
        paragraph (G-5) shall be selected from a judicial 
        circuit or district other than the Circuit Court of 
        Cook County or the First Judicial District; 
            (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; and 
                (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, the Illinois Supreme Court, and  the 
Governor.
    (g)  This Section is repealed on December 31, 2015. 

(Source: P.A. 96-711, eff. 8-25-09; 96-1000, eff. 7-2-10; 
97-775, eff. 7-13-12.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.