WHEREAS, imprisonment is the State’s most expensive form
of criminal punishment, with taxpayers spending $1.3 billion on
the Department of Corrections and $131 million on the Department
of Juvenile Justice each year; and
WHEREAS, 97% of all inmates are eventually released from
the custody of the Department of Corrections into the state’s
most vulnerable and impoverished communities; and
WHEREAS, recidivism is dangerously high, with 48% of the
adult inmates and 53.5% of juveniles released from incarceration
only to return within three years, perpetuating a vicious and
costly cycle; and
WHEREAS, the Illinois Sentencing Policy Advisory Council
and the Illinois Criminal Justice Information Authority have
demonstrated that Illinois’ prison population has increased by
700% while Illinois crime rates have fallen by 20% over the last
40 years; and
WHEREAS, the Bureau of Justice Statistics recognizes that
Illinois has one of the most crowded prison systems in the
country, operating at more than 150% of its design capacity; and
WHEREAS, the John Howard Association and other outside
entities have demonstrated that the Department of Corrections is
experiencing severe overcrowding, which threatens the safety of
inmates and staff and undermines the Department’s rehabilitative
efforts; and
WHEREAS, the twin goals of sentencing in the State of
Illinois, as stated in Article I, Section 11 of Illinois
Constitution, are to prescribe penalties commensurate with the
seriousness of the offense and to restore offenders to useful
citizenship; and
WHEREAS, states across the country have enacted
bipartisan, data-driven, and evidence-based reforms that have
reduced the use of incarceration and its costs while protecting
and improving public safety; and
WHEREAS, the Governor recognizes the necessity of data
collection and analysis by state agencies in producing public
safety outcomes that will reduce crime, reduce recidivism, and
protect the citizens of Illinois; and
WHEREAS, it is in the interest of public safety and
public good for the State to examine the current criminal
justice and sentencing policies, practices, and resource
allocation in Illinois to develop comprehensive, evidence-based
strategies to more effectively improve public safety outcomes
and reduce Illinois’ prison population by 25% by 2025;
THEREFORE, I, Bruce Rauner, Governor of Illinois, by
virtue of the executive authority vested in me by Section 8 of
Article V of the Constitution of the State of Illinois, do
hereby order as follows:
I. CREATION
There is hereby established the Illinois State Commission on
Criminal Justice and Sentencing Reform (the “Commission”).
II. PURPOSE
The Commission shall conduct a comprehensive review of the
State’s current criminal justice and sentencing structure,
sentencing practices, community supervision, and the use of
alternatives to incarceration, including, but not limited to, a
review and evaluation of:
1. The existing statutory provisions by which an offender
is sentenced to or can be released from incarceration;
2. The existing statutory provisions as to their
uniformity, certainty, consistency, and adequacy;
3. The lengths of incarceration and community supervision
that result from the current sentencing structure, and the
incentives or barriers to the appropriate utilization of
alternatives to incarceration;
4. The extent to which education, job training, and
re-entry preparation programs can both facilitate the readiness
of inmates to transition into the community and reduce
recidivism;
5. The impact of existing sentences upon the State’s
criminal justice system, including state prison capacity, local
jail capacity, community supervision resources, judicial
operations, and law enforcement responsibilities;
6. The relation that a sentence or other criminal sanction
has to public safety and the likelihood of recidivism; and
7. The anticipated future trends in sentencing.
III. DUTIES
The Commission shall make recommendations for amendments to
state law that will reduce the State’s current prison population
by 25% by 2025 through maximizing uniformity, certainty,
consistency, and adequacy of the State’s criminal sentencing
structure. The Commission’s recommendations will ensure that (a)
the punishment is aligned with the seriousness of the offense,
(b) public safety is protected through the deterrent effect of
the sentences authorized and the rehabilitation of those that
are convicted, and (c) appropriate consideration is accorded to
the victims, their families, and the community. Reports of the
Commission shall include, but not be limited to, an evaluation
of the impact that existing sentences have had on the length of
incarceration, the impact of early release, the impact of
existing sentences on the length of community supervision,
recommended options for the use of alternatives to
incarceration, and an analysis of the fiscal impact of the
Commission’s recommendations.
Each department, agency, board, or authority of the State or any
unit of local government shall provide records and other
information to the Commission as requested by the Commission to
carry out its duties, provided that the Commission and the
provider of such information shall make appropriate arrangements
to ensure that the provision of information to the Commission
does not violate any applicable laws. If the Commission receives
a request to inspect any such information pursuant to the
Illinois Freedom of Information Act, the Commission shall
consult with the provider of the information in determining
whether an exemption to public inspection applies and should be
asserted.
IV. COMPOSITION
1. The Commission shall consist of members appointed by the
Governor after soliciting recommendations from the General
Assembly, the Judiciary, victim rights advocates, and other
stakeholders. The Governor shall select a chair of the
Commission from among the members. A majority of the members of
the Commission shall constitute a quorum, and all
recommendations of the Commission shall require approval of a
majority of the total members of the Commission.
2. The Illinois Criminal Justice Information Authority
shall provide administrative support to the Commission as
needed, including providing an ethics officer, an Open Meetings
Act officer, and a Freedom of Information Act officer.
V.REPORT AND SUNSET
The Commission shall issue an initial report of its findings and
recommendations to the Governor by July 1, 2015, and a final
report to the Governor and the General Assembly by December 31,
2015. Upon submission of its final report, the Commission shall
be dissolved.
VI. TRANSPARENCY
In addition to whatever policies or procedures it may adopt, all
operations of the Commission shall be subject to the provisions
of the Illinois Freedom of Information Act (5 ILCS 140/1
et seq.) and the Illinois Open Meetings Act (5 ILCS 120/1
et seq.). This section shall not be construed so as to
preclude other statutes from applying to the Commission and its
activities.
VII. SEVERABILITY CLAUSE
If any part of this Executive Order is found invalid by a court
of competent jurisdiction, the remaining provisions shall remain
in full force and effect.
VIII. EFFECTIVE DATE
This Executive Order shall take effect immediately upon filing
with the Secretary of State.
