NCJ Number
62982
Date Published
1979
Length
26 pages
Annotation
LEGISLATIVE CHANGES PROPOSED BY THE CRIMINAL SENTENCING COMMISSION OF ILLINOIS ARE DISCUSSED; THE YEAR-OLD COMMISSION WAS ESTABLISHED TO ENSURE PROPER IMPLEMENTATION OF THE DETERMINATE SENTENCING ACT.
Abstract
COMMISSION SUBCOMMITTEES FOCUS ON THE FISCAL IMPACT OF DETERMINATE SENTENCING, THE RECLASSIFICATION OF FELONIES, SENTENCING ALTERNATIVES, AND SENTENCING GUIDELINES. MEANINGFUL STATISTICS ARE NOT AVAILABLE AT THIS TIME BECAUSE DEFENDANTS WHOSE CRIMES WERE COMMITTED BEFORE FEBRUARY 1, 1978, WHEN THE DETERMINATE SENTENCING ACT BECAME EFFECTIVE, MAY ELECT SENTENCING UNDER EITHER SYSTEM. BECAUSE OF THE LARGE NUMBER OF 'ELECTIONS' IN THE DATA BASE, ANY ANALYSIS OF THE MATERIAL WOULD BE SKEWED. THE COMMISSION RECOMMENDS THAT THE HABITUAL OFFENDER STATUTE BE REVISED TO INCLUDE CONVICTIONS FOR OFFENSES OF EQUAL SEVERITY IN OTHER JURISDICTIONS AND TO OPERATE IN A LIMITED RETROSPECTIVE FASHION. AS THE LAW NOW STANDS, ALL THREE CONVICTIONS MUST OCCUR IN ILLINOIS AND MUST HAVE OCCURRED AFTER FEBRUARY 1, 1978. THE COMMISSION ALSO RECOMMENDS THE ELIMINATION OF THE IMMEDIATE EXPUNGEMENT PROVISION OF ARREST RECORDS UPON DISCHARGE AND DISMISSAL. THIS PRACTICE PROHIBITS THE COURTS FROM MAKING AN INFORMED SENTENCING DECISION UPON A RECENT SUBSEQUENT CONVICTION. IT IS SUGGESTED THAT THE PERIOD OF INCARCERATION THAT MAY BE IMPOSED AS A CONDITION OF PROBATION BE INCREASED FROM 3 TO 6 MONTHS. IN ADDITION, AGGRAVATED KIDNAPPING SHOULD BE INCLUDED UNDER THAT CLASS OF FELONY OFFENSES THAT CARRY MANDATORY 6-YEAR MINIMUM SENTENCES. FINALLY, IT IS SUGGESTED THAT THE NUMBER OF JUDGES WHO CAN AUTOMATICALLY BE REMOVED FROM A CASE BE REDUCED FROM TWO TO ONE, AND THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED IN MISDEMEANOR CASES BE REDUCED FROM FIVE TO THREE. FOOTNOTES ARE INCLUDED IN THE REPORT. (LWM)