Bill Text: IL HB3815 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Personnel Code. Provides for exemption from the Code of employees having demonstrable, defined advanced skills in statistical research and data analytics who are employed in research and analysis units of executive branch agencies or whose duties are primarily focused on developing information sharing capabilities across executive branch agencies and between State agencies and units of local government. Amends the Criminal Justice Information Act. Abolishes the Illinois Integrated Justice System Implementation Board. Amends the Unified Code of Corrections. Creates the Illinois State Criminal Justice Data, Research, and Implementation Advisory Committee to (1) examine existing State and local criminal justice data collection systems and assess agencies' capacities to effectively analyze data and evaluate criminal justice trends and programming based on national best practices; and (2) publish an annual report, detailing its findings and recommendations to the General Assembly and the Governor. Provides that the administrative support for the Committee shall be provided by the Illinois Sentencing Policy Advisory Council. Provides that each department, agency, board, or authority of the State or any unit of local government shall provide records or other information to the Committee as requested by the Committee to carry out its duties, provided that the Committee and provider of the information shall make appropriate arrangements to ensure that the Committee and provider of the information to the Committee does not violate any applicable laws.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3815 Detail]

Download: Illinois-2017-HB3815-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3815 Introduced , by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED:
20 ILCS 415/4c from Ch. 127, par. 63b104c
20 ILCS 3930/16 new
730 ILCS 5/5-8-8
730 ILCS 5/5-8-9 new
Amends the Personnel Code. Provides for exemption from the Code of employees having demonstrable, defined advanced skills in statistical research and data analytics who are employed in research and analysis units of executive branch agencies or whose duties are primarily focused on developing information sharing capabilities across executive branch agencies and between State agencies and units of local government. Amends the Criminal Justice Information Act. Abolishes the Illinois Integrated Justice System Implementation Board. Amends the Unified Code of Corrections. Creates the Illinois State Criminal Justice Data, Research, and Implementation Advisory Committee to (1) examine existing State and local criminal justice data collection systems and assess agencies' capacities to effectively analyze data and evaluate criminal justice trends and programming based on national best practices; and (2) publish an annual report, detailing its findings and recommendations to the General Assembly and the Governor. Provides that the administrative support for the Committee shall be provided by the Illinois Sentencing Policy Advisory Council. Provides that each department, agency, board, or authority of the State or any unit of local government shall provide records or other information to the Committee as requested by the Committee to carry out its duties, provided that the Committee and provider of the information shall make appropriate arrangements to ensure that the Committee and provider of the information to the Committee does not violate any applicable laws.
LRB100 10964 RLC 21201 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning data.
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

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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

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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

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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.

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(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.
(32) Employees having demonstrable, defined advanced
skills in statistical research and data analytics who are
employed in research and analysis units of executive branch

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agencies or whose duties are primarily focused on
developing information sharing capabilities across
executive branch agencies and between State agencies and
units of local government.
(Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12;
98-65, eff. 7-15-13.)
Section 10. The Illinois Criminal Justice Information Act
is amended by adding Section 16 as follows:
(20 ILCS 3930/16 new)
Sec. 16. Illinois Integrated Justice System Implementation
Board; abolition. The General Assembly finds that the Illinois
Integrated Justice System Implementation Board, created by
Executive Order 2003-16 and codified as Sections 1760.100
through 1760.600 in Title 2 of the Illinois Administrative
Code, has failed to fulfill its mandate and is no longer
active, specifically: no meetings of the Board have been held
since 2004, the Board last filed a report of its activities (as
required by Executive Order 2003-16) in 2004, and that no
appointments have been made to the Board for an indeterminate
period of time and the only currently named Board members
reported by the Legislative Research Unit are ex-officio
members. Therefore, the Illinois Integrated Justice System
Implementation Board is abolished, and Sections 1760.100
through 1760.600 in Title 2 of the Illinois Administrative Code

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are repealed and without effect on and after the effective date
of this amendatory Act of the 100th General Assembly.
Section 15. The Unified Code of Corrections is amended by
changing Section 5-8-8 and by adding Section 5-8-9 as follows:
(730 ILCS 5/5-8-8)
(Section scheduled to be repealed on December 31, 2020)
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

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(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

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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

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Police, or his or her designee; and
(iv) the Director of the Illinois Criminal
Justice Information Authority, 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

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and local levels.
(1.5) To provide administrative support to the
Illinois State Criminal Justice Data, Research, and
Implementation Committee established in Section 5-8-9 of
this Code.
(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

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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
this amendatory Act of the 99th General Assembly.
(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, 2020.
(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15;

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99-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)
(730 ILCS 5/5-8-9 new)
Sec. 5-8-9. Illinois State Criminal Justice Data,
Research, and Implementation Committee.
(a) The General Assembly acknowledges that State criminal
justice agencies need to collect and analyze data and to
evaluate programming so that these agencies can help policy
makers determine that efforts to control crime and reduce
victimization are effective. The General Assembly believes
that an advisory group should be created to ensure that State
criminal justice agencies have access to the data needed and
capacities required to analyze criminal justice trends and
evaluate programming.
(b) The Illinois State Criminal Justice Data, Research, and
Implementation Advisory Committee is hereby created. The
Committee shall:
(1) examine existing State and local criminal justice
data collection systems and assess agencies' capacities to
effectively analyze data and evaluate criminal justice
trends and programming based on national best practices;
and
(2) publish an annual report, detailing its findings
and recommendations to the General Assembly and the
Governor.
(c) The Committee shall consist of the following members:

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(1) the Executive Director of the Sentencing Policy
Advisory Council, who shall serve as co-chairperson;
(2) the Associate Research Director of the Research &
Analysis Unit and the Illinois Statistical Analysis Center
at the Illinois Criminal Justice Information Authority,
who shall serve as co-chair person;
(3) the Director of State Police, or his or her
designee;
(4) the Director of Corrections, or his or her
designee;
(5) the Director of Juvenile Justice, or his or her
designee;
(6) the Director of the Prisoner Review Board, or his
or her designee;
(7) the Director of the Department of Innovation and
Technology, or his or her designee;
(8) the Director of the Administrative Office of the
Illinois Courts, or his or her designee;
(9) 2 researchers that have experience working with
administrative data appointed by the co-chairs of the
Committee;
(10) a member of the House of Representative appointed
by the Speaker of the House of Representatives and a member
of the Senate appointed by the President of the Senate, one
of whom shall serve as co-chairperson;
(11) a member of the Senate appointed by the Minority

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Leader of the Senate; and
(12) a member of the House of Representatives appointed
by the Minority Leader of the House of Representatives;
(d) Administrative support for the Committee shall be
provided by the Illinois Sentencing Policy Advisory Council.
(e) Each department, agency, board, or authority of the
State or any unit of local government shall provide records or
other information to the Committee as requested by the
Committee to carry out its duties, provided that the Committee
and provider of the information shall make appropriate
arrangements to ensure that the Committee and provider of the
information to the Committee does not violate any applicable
laws.