Bill Text: IL HB3241 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Amends the Unified Code of Corrections. Provides that the Illinois Sentencing Policy Advisory Council shall study and identify discriminatory practices in sentencing across the State and make recommendations to the Governor and General Assembly regarding ways to remedy those discriminatory practices. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2024-07-19 - Public Act . . . . . . . . . 103-0657 [HB3241 Detail]

Download: Illinois-2023-HB3241-Chaptered.html

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Public Act 103-0657
HB3241 Enrolled LRB103 29427 RLC 55818 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)
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
shall be selected by the members of the Council
designated in clauses (c)(1)(A) through (L);
(G-5) (blank);
(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 outside of Cook County 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 Cook County Sheriff, 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.
(5) The Council shall determine the qualifications for
and hire the Executive Director.

(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.
(4.5) Study and conduct a thorough analysis of
sentencing under Section 5-4.5-110 of this Code. The
Sentencing Policy Advisory Council shall provide annual

reports to the Governor and General Assembly, including
the total number of persons sentenced under Section
5-4.5-110 of this Code, the total number of departures
from sentences under Section 5-4.5-110 of this Code, and
an analysis of trends in sentencing and departures. On or
before December 31, 2022, the Sentencing Policy Advisory
Council shall provide a report to the Governor and General
Assembly on the effectiveness of sentencing under Section
5-4.5-110 of this Code, including recommendations on
whether sentencing under Section 5-4.5-110 of this Code
should be adjusted or continued.
(4.6) Study and identify discriminatory practices in
sentencing across this State and make recommendations to
the Governor and General Assembly regarding ways to remedy
those discriminatory practices.
(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).
(7) Publish a report on the trends in sentencing for
offenders described in subsection (b-1) of Section 5-4-1
of this Code, the impact of the trends on the prison and
probation populations, and any changes in the racial
composition of the prison and probation populations that

can be attributed to the changes made by adding subsection
(b-1) of Section 5-4-1 to this Code by Public Act 99-861.
(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) (Blank).
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17;
101-279, eff. 8-9-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.