Illinois 2023-2024 Regular Session

Illinois House Bill HB3241 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0657
2	1		HB3241 EnrolledLRB103 29427 RLC 55818 b HB3241 Enrolled LRB103 29427 RLC 55818 b
3	2		HB3241 Enrolled LRB103 29427 RLC 55818 b
4		-	AN ACT concerning criminal law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Unified Code of Corrections is amended by
8		-	changing Section 5-8-8 as follows:
9		-	(730 ILCS 5/5-8-8)
10		-	Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
11		-	(a) Creation. There is created under the jurisdiction of
12		-	the Governor the Illinois Sentencing Policy Advisory Council,
13		-	hereinafter referred to as the Council.
14		-	(b) Purposes and goals. The purpose of the Council is to
15		-	review sentencing policies and practices and examine how these
16		-	policies and practices impact the criminal justice system as a
17		-	whole in the State of Illinois. In carrying out its duties, the
18		-	Council shall be mindful of and aim to achieve the purposes of
19		-	sentencing in Illinois, which are set out in Section 1-1-2 of
20		-	this Code:
21		-	(1) prescribe sanctions proportionate to the
22		-	seriousness of the offenses and permit the recognition of
23		-	differences in rehabilitation possibilities among
24		-	individual offenders;
25		-	(2) forbid and prevent the commission of offenses;
26		-	(3) prevent arbitrary or oppressive treatment of
	3	+	1 AN ACT concerning criminal law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Unified Code of Corrections is amended by
	7	+	5 changing Section 5-8-8 as follows:
	8	+	6 (730 ILCS 5/5-8-8)
	9	+	7 Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
	10	+	8 (a) Creation. There is created under the jurisdiction of
	11	+	9 the Governor the Illinois Sentencing Policy Advisory Council,
	12	+	10 hereinafter referred to as the Council.
	13	+	11 (b) Purposes and goals. The purpose of the Council is to
	14	+	12 review sentencing policies and practices and examine how these
	15	+	13 policies and practices impact the criminal justice system as a
	16	+	14 whole in the State of Illinois. In carrying out its duties, the
	17	+	15 Council shall be mindful of and aim to achieve the purposes of
	18	+	16 sentencing in Illinois, which are set out in Section 1-1-2 of
	19	+	17 this Code:
	20	+	18 (1) prescribe sanctions proportionate to the
	21	+	19 seriousness of the offenses and permit the recognition of
	22	+	20 differences in rehabilitation possibilities among
	23	+	21 individual offenders;
	24	+	22 (2) forbid and prevent the commission of offenses;
	25	+	23 (3) prevent arbitrary or oppressive treatment of
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33		-	persons adjudicated offenders or delinquents; and
34		-	(4) restore offenders to useful citizenship.
35		-	(c) Council composition.
36		-	(1) The Council shall consist of the following
37		-	members:
38		-	(A) the President of the Senate, or his or her
39		-	designee;
40		-	(B) the Minority Leader of the Senate, or his or
41		-	her designee;
42		-	(C) the Speaker of the House, or his or her
43		-	designee;
44		-	(D) the Minority Leader of the House, or his or her
45		-	designee;
46		-	(E) the Governor, or his or her designee;
47		-	(F) the Attorney General, or his or her designee;
48		-	(G) two retired judges, who may have been circuit,
49		-	appellate, or supreme court judges; retired judges
50		-	shall be selected by the members of the Council
51		-	designated in clauses (c)(1)(A) through (L);
52		-	(G-5) (blank);
53		-	(H) the Cook County State's Attorney, or his or
54		-	her designee;
55		-	(I) the Cook County Public Defender, or his or her
56		-	designee;
57		-	(J) a State's Attorney not from Cook County,
58		-	appointed by the State's Attorney's Appellate
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	34	+	1 persons adjudicated offenders or delinquents; and
	35	+	2 (4) restore offenders to useful citizenship.
	36	+	3 (c) Council composition.
	37	+	4 (1) The Council shall consist of the following
	38	+	5 members:
	39	+	6 (A) the President of the Senate, or his or her
	40	+	7 designee;
	41	+	8 (B) the Minority Leader of the Senate, or his or
	42	+	9 her designee;
	43	+	10 (C) the Speaker of the House, or his or her
	44	+	11 designee;
	45	+	12 (D) the Minority Leader of the House, or his or her
	46	+	13 designee;
	47	+	14 (E) the Governor, or his or her designee;
	48	+	15 (F) the Attorney General, or his or her designee;
	49	+	16 (G) two retired judges, who may have been circuit,
	50	+	17 appellate, or supreme court judges; retired judges
	51	+	18 shall be selected by the members of the Council
	52	+	19 designated in clauses (c)(1)(A) through (L);
	53	+	20 (G-5) (blank);
	54	+	21 (H) the Cook County State's Attorney, or his or
	55	+	22 her designee;
	56	+	23 (I) the Cook County Public Defender, or his or her
	57	+	24 designee;
	58	+	25 (J) a State's Attorney not from Cook County,
	59	+	26 appointed by the State's Attorney's Appellate
59	60
60	61
61		-	Prosecutor;
62		-	(K) the State Appellate Defender, or his or her
63		-	designee;
64		-	(L) the Director of the Administrative Office of
65		-	the Illinois Courts, or his or her designee;
66		-	(M) a victim of a violent felony or a
67		-	representative of a crime victims' organization,
68		-	selected by the members of the Council designated in
69		-	clauses (c)(1)(A) through (L);
70		-	(N) a representative of a community-based
71		-	organization, selected by the members of the Council
72		-	designated in clauses (c)(1)(A) through (L);
73		-	(O) a criminal justice academic researcher, to be
74		-	selected by the members of the Council designated in
75		-	clauses (c)(1)(A) through (L);
76		-	(P) a representative of law enforcement from a
77		-	unit of local government to be selected by the members
78		-	of the Council designated in clauses (c)(1)(A) through
79		-	(L);
80		-	(Q) a sheriff outside of Cook County selected by
81		-	the members of the Council designated in clauses
82		-	(c)(1)(A) through (L); and
83		-	(R) ex-officio members shall include:
84		-	(i) the Director of Corrections, or his or her
85		-	designee;
86		-	(ii) the Chair of the Prisoner Review Board,
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88	63
89		-	or his or her designee;
90		-	(iii) the Director of the Illinois State
91		-	Police, or his or her designee;
92		-	(iv) the Director of the Illinois Criminal
93		-	Justice Information Authority, or his or her
94		-	designee; and
95		-	(v) the Cook County Sheriff, or his or her
96		-	designee.
97		-	(1.5) The Chair and Vice Chair shall be elected from
98		-	among its members by a majority of the members of the
99		-	Council.
100		-	(2) Members of the Council who serve because of their
101		-	public office or position, or those who are designated as
102		-	members by such officials, shall serve only as long as
103		-	they hold such office or position.
104		-	(3) Council members shall serve without compensation
105		-	but shall be reimbursed for travel and per diem expenses
106		-	incurred in their work for the Council.
107		-	(4) The Council may exercise any power, perform any
108		-	function, take any action, or do anything in furtherance
109		-	of its purposes and goals upon the appointment of a quorum
110		-	of its members. The term of office of each member of the
111		-	Council ends on the date of repeal of this amendatory Act
112		-	of the 96th General Assembly.
113		-	(5) The Council shall determine the qualifications for
114		-	and hire the Executive Director.
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117		-	(d) Duties. The Council shall perform, as resources
118		-	permit, duties including:
119		-	(1) Collect and analyze information including
120		-	sentencing data, crime trends, and existing correctional
121		-	resources to support legislative and executive action
122		-	affecting the use of correctional resources on the State
123		-	and local levels.
124		-	(2) Prepare criminal justice population projections
125		-	annually, including correctional and community-based
126		-	supervision populations.
127		-	(3) Analyze data relevant to proposed sentencing
128		-	legislation and its effect on current policies or
129		-	practices, and provide information to support
130		-	evidence-based sentencing.
131		-	(4) Ensure that adequate resources and facilities are
132		-	available for carrying out sentences imposed on offenders
133		-	and that rational priorities are established for the use
134		-	of those resources. To do so, the Council shall prepare
135		-	criminal justice resource statements, identifying the
136		-	fiscal and practical effects of proposed criminal
137		-	sentencing legislation, including, but not limited to, the
138		-	correctional population, court processes, and county or
139		-	local government resources.
140		-	(4.5) Study and conduct a thorough analysis of
141		-	sentencing under Section 5-4.5-110 of this Code. The
142		-	Sentencing Policy Advisory Council shall provide annual
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	70	+	1 Prosecutor;
	71	+	2 (K) the State Appellate Defender, or his or her
	72	+	3 designee;
	73	+	4 (L) the Director of the Administrative Office of
	74	+	5 the Illinois Courts, or his or her designee;
	75	+	6 (M) a victim of a violent felony or a
	76	+	7 representative of a crime victims' organization,
	77	+	8 selected by the members of the Council designated in
	78	+	9 clauses (c)(1)(A) through (L);
	79	+	10 (N) a representative of a community-based
	80	+	11 organization, selected by the members of the Council
	81	+	12 designated in clauses (c)(1)(A) through (L);
	82	+	13 (O) a criminal justice academic researcher, to be
	83	+	14 selected by the members of the Council designated in
	84	+	15 clauses (c)(1)(A) through (L);
	85	+	16 (P) a representative of law enforcement from a
	86	+	17 unit of local government to be selected by the members
	87	+	18 of the Council designated in clauses (c)(1)(A) through
	88	+	19 (L);
	89	+	20 (Q) a sheriff outside of Cook County selected by
	90	+	21 the members of the Council designated in clauses
	91	+	22 (c)(1)(A) through (L); and
	92	+	23 (R) ex-officio members shall include:
	93	+	24 (i) the Director of Corrections, or his or her
	94	+	25 designee;
	95	+	26 (ii) the Chair of the Prisoner Review Board,
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145		-	reports to the Governor and General Assembly, including
146		-	the total number of persons sentenced under Section
147		-	5-4.5-110 of this Code, the total number of departures
148		-	from sentences under Section 5-4.5-110 of this Code, and
149		-	an analysis of trends in sentencing and departures. On or
150		-	before December 31, 2022, the Sentencing Policy Advisory
151		-	Council shall provide a report to the Governor and General
152		-	Assembly on the effectiveness of sentencing under Section
153		-	5-4.5-110 of this Code, including recommendations on
154		-	whether sentencing under Section 5-4.5-110 of this Code
155		-	should be adjusted or continued.
156		-	(4.6) Study and identify discriminatory practices in
157		-	sentencing across this State and make recommendations to
158		-	the Governor and General Assembly regarding ways to remedy
159		-	those discriminatory practices.
160		-	(5) Perform such other studies or tasks pertaining to
161		-	sentencing policies as may be requested by the Governor or
162		-	the Illinois General Assembly.
163		-	(6) Perform such other functions as may be required by
164		-	law or as are necessary to carry out the purposes and goals
165		-	of the Council prescribed in subsection (b).
166		-	(7) Publish a report on the trends in sentencing for
167		-	offenders described in subsection (b-1) of Section 5-4-1
168		-	of this Code, the impact of the trends on the prison and
169		-	probation populations, and any changes in the racial
170		-	composition of the prison and probation populations that
171	98
172	99
173		-	can be attributed to the changes made by adding subsection
174		-	(b-1) of Section 5-4-1 to this Code by Public Act 99-861.
175		-	(e) Authority.
176		-	(1) The Council shall have the power to perform the
177		-	functions necessary to carry out its duties, purposes and
178		-	goals under this Act. In so doing, the Council shall
179		-	utilize information and analysis developed by the Illinois
180		-	Criminal Justice Information Authority, the Administrative
181		-	Office of the Illinois Courts, and the Illinois Department
182		-	of Corrections.
183		-	(2) Upon request from the Council, each executive
184		-	agency and department of State and local government shall
185		-	provide information and records to the Council in the
186		-	execution of its duties.
187		-	(f) Report. The Council shall report in writing annually
188		-	to the General Assembly, the Illinois Supreme Court, and the
189		-	Governor.
190		-	(g) (Blank).
191		-	(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17;
192		-	101-279, eff. 8-9-19.)
193		-	Section 99. Effective date. This Act takes effect upon
194		-	becoming law.
	100	+
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	106	+	1 or his or her designee;
	107	+	2 (iii) the Director of the Illinois State
	108	+	3 Police, or his or her designee;
	109	+	4 (iv) the Director of the Illinois Criminal
	110	+	5 Justice Information Authority, or his or her
	111	+	6 designee; and
	112	+	7 (v) the Cook County Sheriff, or his or her
	113	+	8 designee.
	114	+	9 (1.5) The Chair and Vice Chair shall be elected from
	115	+	10 among its members by a majority of the members of the
	116	+	11 Council.
	117	+	12 (2) Members of the Council who serve because of their
	118	+	13 public office or position, or those who are designated as
	119	+	14 members by such officials, shall serve only as long as
	120	+	15 they hold such office or position.
	121	+	16 (3) Council members shall serve without compensation
	122	+	17 but shall be reimbursed for travel and per diem expenses
	123	+	18 incurred in their work for the Council.
	124	+	19 (4) The Council may exercise any power, perform any
	125	+	20 function, take any action, or do anything in furtherance
	126	+	21 of its purposes and goals upon the appointment of a quorum
	127	+	22 of its members. The term of office of each member of the
	128	+	23 Council ends on the date of repeal of this amendatory Act
	129	+	24 of the 96th General Assembly.
	130	+	25 (5) The Council shall determine the qualifications for
	131	+	26 and hire the Executive Director.
	132	+
	133	+
	134	+
	135	+
	136	+
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	142	+	1 (d) Duties. The Council shall perform, as resources
	143	+	2 permit, duties including:
	144	+	3 (1) Collect and analyze information including
	145	+	4 sentencing data, crime trends, and existing correctional
	146	+	5 resources to support legislative and executive action
	147	+	6 affecting the use of correctional resources on the State
	148	+	7 and local levels.
	149	+	8 (2) Prepare criminal justice population projections
	150	+	9 annually, including correctional and community-based
	151	+	10 supervision populations.
	152	+	11 (3) Analyze data relevant to proposed sentencing
	153	+	12 legislation and its effect on current policies or
	154	+	13 practices, and provide information to support
	155	+	14 evidence-based sentencing.
	156	+	15 (4) Ensure that adequate resources and facilities are
	157	+	16 available for carrying out sentences imposed on offenders
	158	+	17 and that rational priorities are established for the use
	159	+	18 of those resources. To do so, the Council shall prepare
	160	+	19 criminal justice resource statements, identifying the
	161	+	20 fiscal and practical effects of proposed criminal
	162	+	21 sentencing legislation, including, but not limited to, the
	163	+	22 correctional population, court processes, and county or
	164	+	23 local government resources.
	165	+	24 (4.5) Study and conduct a thorough analysis of
	166	+	25 sentencing under Section 5-4.5-110 of this Code. The
	167	+	26 Sentencing Policy Advisory Council shall provide annual
	168	+
	169	+
	170	+
	171	+
	172	+
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	178	+	1 reports to the Governor and General Assembly, including
	179	+	2 the total number of persons sentenced under Section
	180	+	3 5-4.5-110 of this Code, the total number of departures
	181	+	4 from sentences under Section 5-4.5-110 of this Code, and
	182	+	5 an analysis of trends in sentencing and departures. On or
	183	+	6 before December 31, 2022, the Sentencing Policy Advisory
	184	+	7 Council shall provide a report to the Governor and General
	185	+	8 Assembly on the effectiveness of sentencing under Section
	186	+	9 5-4.5-110 of this Code, including recommendations on
	187	+	10 whether sentencing under Section 5-4.5-110 of this Code
	188	+	11 should be adjusted or continued.
	189	+	12 (4.6) Study and identify discriminatory practices in
	190	+	13 sentencing across this State and make recommendations to
	191	+	14 the Governor and General Assembly regarding ways to remedy
	192	+	15 those discriminatory practices.
	193	+	16 (5) Perform such other studies or tasks pertaining to
	194	+	17 sentencing policies as may be requested by the Governor or
	195	+	18 the Illinois General Assembly.
	196	+	19 (6) Perform such other functions as may be required by
	197	+	20 law or as are necessary to carry out the purposes and goals
	198	+	21 of the Council prescribed in subsection (b).
	199	+	22 (7) Publish a report on the trends in sentencing for
	200	+	23 offenders described in subsection (b-1) of Section 5-4-1
	201	+	24 of this Code, the impact of the trends on the prison and
	202	+	25 probation populations, and any changes in the racial
	203	+	26 composition of the prison and probation populations that
	204	+
	205	+
	206	+
	207	+
	208	+
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	214	+	1 can be attributed to the changes made by adding subsection
	215	+	2 (b-1) of Section 5-4-1 to this Code by Public Act 99-861.
	216	+	3 (e) Authority.
	217	+	4 (1) The Council shall have the power to perform the
	218	+	5 functions necessary to carry out its duties, purposes and
	219	+	6 goals under this Act. In so doing, the Council shall
	220	+	7 utilize information and analysis developed by the Illinois
	221	+	8 Criminal Justice Information Authority, the Administrative
	222	+	9 Office of the Illinois Courts, and the Illinois Department
	223	+	10 of Corrections.
	224	+	11 (2) Upon request from the Council, each executive
	225	+	12 agency and department of State and local government shall
	226	+	13 provide information and records to the Council in the
	227	+	14 execution of its duties.
	228	+	15 (f) Report. The Council shall report in writing annually
	229	+	16 to the General Assembly, the Illinois Supreme Court, and the
	230	+	17 Governor.
	231	+	18 (g) (Blank).
	232	+	19 (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17;
	233	+	20 101-279, eff. 8-9-19.)
	234	+	21 Section 99. Effective date. This Act takes effect upon
	235	+	22 becoming law.
	236	+
	237	+
	238	+
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