CLEAR Commission changes will reduce costly appeals and bring more fairness to
the criminal justice system
SPRINGFIELD, Ill., April 10 /PRNewswire-USNewswire/ -- Legislation signed
Friday by Gov. Pat Quinn will clear up confusion in the state's disorganized
and sometimes ambiguous criminal sentencing laws.
Senate Bill 100, which was recommended by the Criminal Law Edit, Alignment and
Reform (CLEAR) Commission, rewrites the Illinois Code of Corrections, making
it easier to understand without altering the severity of punishment for any
criminal convictions.
"This makes the sentencing code much easier for everyone to understand and
use, and will reduce the confusion that seemed to result each time the
legislature created a new criminal classification or a court ruling changed
the interpretation of a statute," said former Gov. James R. Thompson, one of
the co-chairs of the CLEAR Commission. "By making the sentencing laws clear
today, judges can have more confidence in the validity of sentences they
impose, and legislators will have a better understanding of the impact of any
proposed changes in the future."
"Confusion surrounding the Code of Corrections has led to too many sentences
later overturned on appeal," said former Illinois Appellate Court Justice Gino
L. DiVito, who co-chairs the CLEAR Commission. "Some mistakes are inevitable
in any system, but our sentencing code had become so confusing that mistakes
happened much too often. Court delays, lengthy appeals and new sentencing
hearings are time consuming and costly to taxpayers."
SB 100 was sponsored by Senate President John Cullerton, D-Chicago, and State
Rep. Arthur L. Turner, D-Chicago, and it passed both chambers of the General
Assembly by unanimous votes. The new law will take effect July 1.
"Throughout the country, piecemeal changes to state sentencing codes have
resulted in a great deal of confusion about an important part of the law that
really should be crystal clear to all citizens," Cullerton said. "Illinois is
fortunate to have been able to revise its sentencing laws with the volunteer
help of men and women with decades of experience as prosecutors, defenders,
judges and lawmakers. The thorough review produced a sentencing code that
will make the judicial system more fair, and reduce the number of appeals that
increase costs to all involved."
Because many of the sentencing provisions in the Code of Corrections are long
and repetitive and often not found in any logical order in state statutes, the
CLEAR Commission recommended a way to organize it coherently and consistently.
The revision will allow a reader to match a criminal offense with the
possible sentence. Because SB 100 incorporates existing case law, readers will
know that the improved code reflects the current state of sentencing law.
The CLEAR Commission is composed of prominent and diverse experts in the
criminal justice system, including Attorney General Lisa Madigan and
legislators chosen by the Democratic and Republican leaders in the General
Assembly. Other commission members include prosecutors, defense attorneys,
judges and law enforcement representatives.
All CLEAR Commission decisions are made by consensus and require the approval
of all commission members.
The CLEAR Commission also has recommended a similar streamlining and
reorganization of the Illinois Criminal Code to eliminate redundancies,
inconsistencies, and sections found unconstitutional by the courts.
Legislation incorporating those revisions is being drafted by General Assembly
staff and should be presented to legislators later this year.
For more information about the CLEAR Commission, visit
www.clearinitiative.org.
About the CLEAR Commission:
The CLEAR Initiative was developed by staff at Chicago Metropolis 2020, a
business-based civic organization promoting long-term planning and smart
investment in the Chicago region and working for better outcomes in our legal
and corrections systems.
Financial and in-kind support for the CLEAR Initiative has been provided by
Bank One Foundation; the Chicago Bar Foundation; the Field Foundation; David
Heller, Illinois Bar Foundation; the JEHT Foundation; the Joyce Foundation;
Mayer Brown LLP; the New Prospect Foundation; The Pew Charitable Trusts, the
Rockit Fund, the Steans Family Foundation; the University of Chicago Law
School; the Wieboldt Foundation; Winston & Strawn LLP; and the Woods Fund of
Chicago.
SOURCE CLEAR Initiative
Jim Bray of the CLEAR Initiative, +1-312-332-8131
