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