100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
Introduced , by Rep. C.D. Davidsmeyer
SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-8-1.1
from Ch. 38, par. 1005-8-1.1
Amends the Unified Code of Corrections. Removes the requirement that a
person be recommended and approved for placement in the impact
incarceration program in the court's sentencing order.
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Unified Code of Corrections is amended by
changing Section 5-8-1.1 as follows:
(730 ILCS 5/5-8-1.1)
(from Ch. 38, par. 1005-8-1.1)
(a) The Department may establish
and operate an impact
program for eligible offenders. If the court
Section 5-4-1 that
an offender sentenced to a term
of imprisonment for a felony may meet the
requirements of the Department, the court may in its
approve the offender for placement in the impact
conditioned upon his acceptance in the
program by the Department.
Notwithstanding the sentencing
provisions of this Code, the sentencing
order also shall
provide that if the Department accepts the offender in the
program and determines that the offender has successfully
impact incarceration program, the sentence shall
be reduced to time
considered served upon certification to the
court by the Department that
the offender has successfully
completed the program. In the event the
offender is not
accepted for placement in the impact incarceration program
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the offender does not successfully complete the program,
term of imprisonment shall be as set forth by the court in its
(b) In order to be eligible to participate in the impact
program, the committed person shall meet all of
the following requirements:
(1) The person must be not less than 17 years of age
nor more than 35 years of age.
(2) The person has not previously participated in the
incarceration program and has not previously served
more than one
prior sentence of imprisonment for a felony
in an adult correctional
(3) The person has not been convicted of a Class X
second degree murder, armed violence,
aggravated kidnapping, criminal
sexual assault, aggravated
criminal sexual abuse or a subsequent conviction for
criminal sexual abuse, forcible detention, residential
arson, place of
worship arson, or arson and has not
convicted previously of any of those offenses.
(4) The person has been sentenced to a term of
imprisonment of 8
years or less.
(5) The person must be physically able to participate
physical activities or labor.
(6) The person must not have any mental disorder or
would prevent participation in the impact
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(7) The person has consented in writing to
participation in the impact
incarceration program and to
the terms and conditions thereof.
The person was recommended and approved
for placement in the
program in the
court's sentencing order.
The Department may also consider, among other matters,
committed person has any outstanding detainers or
warrants, whether the
committed person has a history of
escaping or absconding, whether
participation in the impact
incarceration program may pose a risk to the
safety or security
of any person and whether space is available.
(c) The impact incarceration program shall include, among
mandatory physical training and labor, military
formation and drills,
regimented activities, uniformity of
dress and appearance, education and
counseling, including drug
counseling where appropriate.
(d) Privileges including visitation, commissary, receipt
of property and publications and access to
television, radio and a library
may be suspended or restricted,
notwithstanding provisions to the contrary in this Code.
(e) Committed persons participating in the impact
shall adhere to all Department rules and
all requirements of the program.
Committed persons shall be
informed of rules of behavior and conduct.
procedures required by this Code or by Department rule are not
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applicable except in those instances in which the Department
seeks to revoke good time.
(f) Participation in the impact incarceration program
shall be for a
period of 120 to 180 days. The period of time a
committed person shall
serve in the impact incarceration
program shall not be reduced by the
accumulation of good time.
(g) The committed person shall serve a term of mandatory
release as set forth in subsection (d) of Section
(h) A committed person may be removed from the program for
of the terms or conditions of the program or in the
event he is for any
reason unable to participate. The
Department shall promulgate rules and
conduct which could result in removal from the
program or in a
determination that the committed person has not
completed the program. Committed persons shall have access to
such rules, which shall provide that a committed person shall
notice and have the opportunity to appear before and
address one or more
hearing officers. A committed person may be
transferred to any of the
Department's facilities prior to the
(i) The Department may terminate the impact incarceration
program at any
(j) The Department shall report to the Governor and the
on or before September 30th of each year on
the impact incarceration
program, including the composition of
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the program by the offenders, by
county of commitment,
sentence, age, offense and race.
(k) The Department of Corrections shall consider the
action plan approved by the Department of Human
Rights in hiring staff at
the impact incarceration facilities.
(Source: P.A. 97-800, eff. 7-13-12.)