HB 5078 Summary

• Creates a sentencing commission within the legislative council consisting of 16 members including 4 state senators, 4 state representatives, 2 circuit court judges, and representatives from prosecution, defense, law enforcement, corrections, alternatives to incarceration, crime victims, budget office, and the general public.

• Commission members appointed by January 1, 2014, with legislative caucus leaders appointing legislative members and all appointing bodies selecting remaining members by agreement with governor's concurrence; governor designates one public representative as chairperson.

• Commission shall collect and analyze data on state and local sentencing practices, prison populations and capacities, court caseload impacts, and conduct ongoing research on sentencing guideline effects.

• Commission authorized to recommend modifications to sentencing guidelines that provide public protection, treat violent crimes more severely, ensure proportionality and consistency, reduce disparities, and specify appropriate use of imprisonment versus intermediate sanctions.

• Legislature has 60 days to enact recommended sentencing guideline modifications; if not enacted, commission revises and resubmits recommendations every 90 days until enacted, with required prison impact reports submitted to legislature.