NCJ Number
55582
Journal
Judicature Volume: 62 Issue: 8 Dated: (MARCH 1979) Pages: 390-398
Date Published
1979
Length
8 pages
Annotation
FOLLOWING A DISCUSSION OF THE HISTORY OF REVISIONS IN ILLINOIS CRIMINAL LAW AND THE RATIONALE UNDERLYING THEM, RECENT LEGISLATION (H.B. 1500 AND CLASS X) DESIGNED TO INCREASE JUSTICE IN SENTENCING IS DISCUSSED.
Abstract
IN 1975, THE ADULT CORRECTIONS SUBCOMMITTEE OF THE ILLINOIS HOUSE JUDICIARY II COMMITTEE WAS CHARGED WITH REVIEWING THE ENTIRE SUBJECT OF SENTENCING AND ADULT CORRECTIONS INCLUDING SENTENCING PRACTICES, PROBATION AND PAROLE REFORM, REHABILITATION, AND RELATED COURT SERVICES TO OFFENDERS. THE GENERAL STATEMENT OF PRINCIPLES FOR THE CRIMINAL JUSTICE SYSTEM ISSUED BY THE SUBCOMMITTEE, CITED THE FOLLOWING FOUR SOCIAL PURPOSES FOR IMPOSING CRIMINAL PENALTIES: RETRIBUTION, INCAPACITATION, DETERRENCE, AND REFORMATION. STATING THAT UNDER INDETERMINATE SENTENCING, REHABILITATION HAD TOTALLY SUPERSEDED THE OTHER THREE. THE COMMITTEE CONCLUDED THAT THE SYSTEM HAD BECOME IMBALANCED IN FAVOR OF ONLY ONE PRIORITY WHICH, ACCORDING TO TESTIMONY BEFORE THE SUBCOMMITTEE, WAS NOT BEING ACHIEVED. IN THE FALL OF 1977, THE ILLINOIS LEGISLATURE ACTED ON THE SUBCOMMITTEE'S REPORT AND PASSED H.B. 1500 AND CLASS X. THE NEW LAW ESTABLISHES A SYSTEM OF DETERMINATE SENTENCING FOR ALL FELONIES IN THE STATE; ABOLISHES THE CONCEPT OF PAROLE RELEASE; REQUIRES THAT PERSONS CONVICTED OF FELONIES SERVE THE SPECIFIC AMOUNT OF TIME TO WHICH THEY HAVE BEEN SENTENCED BY A JUDGE, SUBJECT ONLY TO TIME CREDITED FOR GOOD BEHAVIOR; SETS FORTH GUIDELINES FOR THE EXERCISE OF JUDICIAL DISCRETION IN IMPOSING SENTENCES; SIGNIFICANTLY REDUCES THE ARBITRARY AND UNREVIEWABLE DISCRETION PREVIOUSLY EXERCISED BY CORRECTIONS OFFICIALS; AND ESTABLISHES UNIFORMITY AND PARITY OF SENTENCES AS THE PUBLIC POLICY OF THE STATE. THE SO-CALLED CLASS X BILLS COVER SEVERAL AREAS, INCLUDING THE CREATION OF A NEW CLASSIFICATION (CLASS X) FOR THE MOST SERIOUS FELONIES, PUNISHABLE BY A MANDATORY PRISON SENTENCE. WHILE THERE ARE NO COMPELLING REASONS TO BELIEVE THAT THE SYSTEM CONTRUCTED UNDER THE NEW LEGISLATION WILL BE MORE EFFECTIVE IN REHABILITATING OFFENDERS AND DETERRING CRIMINAL CONDUCT, IT IS A SINCERE ATTEMPT TO CREATE A SYSTEM THAT IS FAIR AND JUST.