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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | |||||||||||||||||||
5 | changing Section 5-8-1.2 as follows:
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6 | (730 ILCS 5/5-8-1.2)
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7 | Sec. 5-8-1.2. County impact incarceration.
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8 | (a) Legislative intent. It is the finding of the General | |||||||||||||||||||
9 | Assembly that
certain non-violent offenders eligible for | |||||||||||||||||||
10 | sentences of incarceration may
benefit from the rehabilitative | |||||||||||||||||||
11 | aspects of a county impact incarceration
program to improve | |||||||||||||||||||
12 | the prospects of successful re-entry into society . It is the | |||||||||||||||||||
13 | intent of the General Assembly that such programs be
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14 | implemented as provided by this Section. This Section shall | |||||||||||||||||||
15 | not be construed
to allow violent offenders to participate in | |||||||||||||||||||
16 | a county impact incarceration
program.
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17 | (b) The Under the direction of the Sheriff and with the | |||||||||||||||||||
18 | approval of the County
Board of Commissioners, the Sheriff, in | |||||||||||||||||||
19 | any county with more than 3,000,000
inhabitants, may establish | |||||||||||||||||||
20 | and operate a county impact incarceration program
for eligible | |||||||||||||||||||
21 | offenders. If the court finds under Section 5-4-1 that an
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22 | offender convicted of or charged with a felony meets the | |||||||||||||||||||
23 | eligibility requirements of the
Sheriff's county impact |
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1 | incarceration program, the court may sentence or order the
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2 | offender to the county impact incarceration program. The | ||||||
3 | Sheriff shall be
responsible for monitoring all offenders who | ||||||
4 | are sentenced to the county impact
incarceration program, | ||||||
5 | including the mandatory period of monitored release
following | ||||||
6 | the 120 to 180 days of impact incarceration.
Offenders | ||||||
7 | assigned to the county impact incarceration program under an
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8 | intergovernmental agreement between the county and the | ||||||
9 | Illinois Department of
Corrections are exempt from the | ||||||
10 | provisions of this mandatory period of
monitored
release.
In | ||||||
11 | the event the
offender is not accepted for placement in the | ||||||
12 | county impact incarceration
program, the court shall proceed | ||||||
13 | to sentence the offender to any other
disposition authorized | ||||||
14 | by this Code.
If the offender does not successfully
complete | ||||||
15 | the program, the offender's failure to do so shall constitute | ||||||
16 | a
violation of the sentence to the county impact incarceration | ||||||
17 | program.
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18 | (c) In order to be eligible to be sentenced to or ordered | ||||||
19 | to a county impact incarceration
program by the court, the | ||||||
20 | person shall meet all of the following requirements:
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21 | (1) The person must be not less than 17 years of age | ||||||
22 | nor more than 35
years of age.
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23 | (2) The person has not previously participated in the | ||||||
24 | county impact incarceration
program and has not previously | ||||||
25 | served more than one prior sentence of
imprisonment for a | ||||||
26 | felony in an adult correctional facility.
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1 | (3) The person has not been convicted of a Class X | ||||||
2 | felony, first or second
degree murder, armed violence, | ||||||
3 | aggravated kidnapping, criminal sexual assault,
aggravated | ||||||
4 | criminal sexual abuse or a subsequent conviction for | ||||||
5 | criminal sexual
abuse, escape, aiding escape, forcible | ||||||
6 | detention, or arson and has not been convicted previously | ||||||
7 | of
any of those offenses.
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8 | (4) The person has been found in violation of | ||||||
9 | probation for an offense
that is a Class 2, 3, or 4 felony | ||||||
10 | that is not a forcible felony as defined in
Section 2-8 of | ||||||
11 | the Criminal Code of 2012 or a violent crime as defined in
| ||||||
12 | subsection (c) of Section 3 of the Rights of Crime Victims | ||||||
13 | and Witnesses Act
who
otherwise could be sentenced to a | ||||||
14 | term of incarceration; or the person is
convicted of an | ||||||
15 | offense that is a Class 2, 3, or 4 felony that is not a
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16 | forcible felony as defined in Section 2-8 of the Criminal | ||||||
17 | Code of 2012 or a
violent crime as defined in subsection | ||||||
18 | (c) of Section 3 of the Rights of Crime
Victims and | ||||||
19 | Witnesses Act , except burglary or robbery, who has | ||||||
20 | previously served a sentence of probation for
any felony | ||||||
21 | offense and who otherwise could be sentenced to a term of
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22 | incarceration.
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23 | (5) The person must be physically able to participate | ||||||
24 | in strenuous
physical
activities or labor , as determined | ||||||
25 | by the Sheriff .
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26 | (6) The person must not have any mental disorder or |
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1 | disability that would
prevent participation in a county | ||||||
2 | impact incarceration program , as determined by the | ||||||
3 | Sheriff .
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4 | (7) The person was recommended and approved for | ||||||
5 | placement in the county
impact incarceration program by | ||||||
6 | the Sheriff and consented in writing to
participation in | ||||||
7 | the county impact incarceration program and to the terms | ||||||
8 | and
conditions of the program. The Sheriff may consider, | ||||||
9 | among other matters,
whether the
person has any | ||||||
10 | outstanding detainers or warrants, whether the person has | ||||||
11 | a
history of escaping or absconding, whether participation | ||||||
12 | in the
county impact incarceration program may pose
a risk | ||||||
13 | to the safety or security of any person and whether space | ||||||
14 | is
available.
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15 | (c-5) The county impact incarceration program may shall | ||||||
16 | include, among other
matters, vocational training, education, | ||||||
17 | counseling, substance abuse counseling, life skills training, | ||||||
18 | mandatory physical training and labor, military formation and | ||||||
19 | drills,
regimented activities, and uniformity of dress and | ||||||
20 | appearance , education and
counseling, including drug | ||||||
21 | counseling where appropriate .
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22 | (d) Privileges including visitation, commissary, receipt | ||||||
23 | and retention of
property and publications and access to | ||||||
24 | television, radio, and a library may be
suspended or | ||||||
25 | restricted, notwithstanding provisions to the contrary in this
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26 | Code.
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1 | (e) The Sheriff shall issue written rules and requirements | ||||||
2 | for the program.
Persons shall be informed of rules of | ||||||
3 | behavior and conduct. Persons
participating in the county | ||||||
4 | impact incarceration program shall adhere to all
rules and all | ||||||
5 | requirements of the program.
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6 | (f) Participation in the county impact incarceration | ||||||
7 | program shall be for a
period of 120 to 180 days followed by a | ||||||
8 | mandatory term of monitored release
for at least 8 months and | ||||||
9 | no more than 12 months supervised by the Sheriff.
The period of | ||||||
10 | incarceration time a person shall serve in the impact | ||||||
11 | incarceration program
shall not be reduced by the accumulation | ||||||
12 | of good time. The mandatory term of monitored release a person | ||||||
13 | shall serve may be reduced by the accumulation of good time or | ||||||
14 | pre-trial detention, up to 120 days. The court may also
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15 | sentence the person to a period of probation to commence at the | ||||||
16 | successful
completion of the county impact incarceration | ||||||
17 | program.
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18 | (f-5) Offenders who are charged with eligible offenses may | ||||||
19 | be ordered to the custodial period of the county impact | ||||||
20 | incarceration program. If the offender is convicted of the | ||||||
21 | eligible offense, the court may sentence the offender to the | ||||||
22 | remaining days required to complete a total participation | ||||||
23 | period of 120 to 180 days and the mandatory term of monitored | ||||||
24 | release. | ||||||
25 | (g) If the person successfully completes the county impact | ||||||
26 | incarceration
program, the Sheriff shall certify the person's |
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1 | successful completion of the
program to the court and to the | ||||||
2 | county's State's Attorney. Upon successful
completion of the | ||||||
3 | county impact incarceration program and mandatory
term of | ||||||
4 | monitored release and if there is an additional period of | ||||||
5 | probation
given, the person shall at that time begin his or her | ||||||
6 | probationary sentence
under the supervision of the Adult | ||||||
7 | Probation Department.
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8 | (h) A person may be removed from the county impact | ||||||
9 | incarceration program for
a violation of the terms or
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10 | conditions of the program or in the event he or she is for any | ||||||
11 | reason unable to
participate. The failure to complete the | ||||||
12 | program for any reason, including the
8 to 12 month monitored | ||||||
13 | release period, shall be deemed a violation of the
county | ||||||
14 | impact incarceration sentence. The Sheriff shall give notice | ||||||
15 | to the
State's Attorney of the person's failure to complete | ||||||
16 | the program. The Sheriff
shall file a petition for violation | ||||||
17 | of the county impact incarceration sentence
with the court and | ||||||
18 | the State's Attorney may proceed on the petition under
Section | ||||||
19 | 5-6-4 of this Code. The Sheriff shall promulgate rules and | ||||||
20 | regulations
governing conduct which could result in removal | ||||||
21 | from the program or in a
determination that the person has not | ||||||
22 | successfully completed the program.
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23 | The mandatory conditions of every county impact | ||||||
24 | incarceration sentence
shall
include that the person either | ||||||
25 | while in the program or during the period of
monitored | ||||||
26 | release:
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1 | (1) not violate any criminal statute of any | ||||||
2 | jurisdiction;
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3 | (2) report or appear in person before any such person | ||||||
4 | or agency as
directed by the court or the Sheriff;
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5 | (3) refrain from possessing a firearm or other | ||||||
6 | dangerous weapon;
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7 | (4) not leave the State without the consent of the | ||||||
8 | court or, in
circumstances in which the reason for the | ||||||
9 | absence is of such an emergency
nature that prior consent | ||||||
10 | by the court is not possible, without the prior
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11 | notification and approval of the Sheriff; and
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12 | (5) permit representatives of the Sheriff to visit at | ||||||
13 | the person's home or
elsewhere to the extent necessary for | ||||||
14 | the Sheriff to monitor compliance with
the program. | ||||||
15 | Persons shall have access to such rules, which shall | ||||||
16 | provide that
a person shall receive notice of any such | ||||||
17 | violation.
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18 | (i) The Sheriff may terminate the county impact | ||||||
19 | incarceration program at
any time.
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20 | (j) The Sheriff shall report to the county board on or | ||||||
21 | before September
30th of each year on the county impact | ||||||
22 | incarceration program, including the
composition of the | ||||||
23 | program by the offenders, by county of commitment, sentence,
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24 | age, offense, and race.
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25 | (Source: P.A. 100-201, eff. 8-18-17.)
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