Illinois General Assembly - Full Text of HB5211
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Full Text of HB5211  102nd General Assembly

HB5211 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5211

 

Introduced 1/31/2022, by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-8-1.2

    Amends the Unified Code of Corrections. Provides that in a county with more than 3,000,000 inhabitants, the Sheriff may establish a county impact incarceration program without the approval of the County Board of Commissioners. Provides that a person charged with a felony may be admitted into the program. Permits certain violent offenders to participate in the program. Excludes persons convicted of escape or aiding escape from eligibility for the program. Provides that the county impact incarceration program may (rather than shall) include, among other matters, vocational training, education, counseling, substance abuse counseling, life skills training, mandatory physical training and labor, military formation and drills, regimented activities, and uniformity of dress and appearance. Provides that the mandatory term of monitored release a person shall serve may be reduced by the accumulation of good time or pre-trial detention, up to 120 days. Provides that offenders who are charged with eligible offenses may be ordered to the custodial period of the county impact incarceration program. Provides that if the offender is convicted of the eligible offense, the court may sentence the offender to the remaining days required to complete a total participation period of 120 to 180 days and the mandatory term of monitored release.


LRB102 24820 RLC 34065 b

 

 

A BILL FOR

 

HB5211LRB102 24820 RLC 34065 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-8-1.2 as follows:
 
6    (730 ILCS 5/5-8-1.2)
7    Sec. 5-8-1.2. County impact incarceration.
8    (a) Legislative intent. It is the finding of the General
9Assembly that certain non-violent offenders eligible for
10sentences of incarceration may benefit from the rehabilitative
11aspects of a county impact incarceration program to improve
12the prospects of successful re-entry into society. It is the
13intent of the General Assembly that such programs be
14implemented as provided by this Section. This Section shall
15not be construed to allow violent offenders to participate in
16a county impact incarceration program.
17    (b) The Under the direction of the Sheriff and with the
18approval of the County Board of Commissioners, the Sheriff, in
19any county with more than 3,000,000 inhabitants, may establish
20and operate a county impact incarceration program for eligible
21offenders. If the court finds under Section 5-4-1 that an
22offender convicted of or charged with a felony meets the
23eligibility requirements of the Sheriff's county impact

 

 

HB5211- 2 -LRB102 24820 RLC 34065 b

1incarceration program, the court may sentence or order the
2offender to the county impact incarceration program. The
3Sheriff shall be responsible for monitoring all offenders who
4are sentenced to the county impact incarceration program,
5including the mandatory period of monitored release following
6the 120 to 180 days of impact incarceration. Offenders
7assigned to the county impact incarceration program under an
8intergovernmental agreement between the county and the
9Illinois Department of Corrections are exempt from the
10provisions of this mandatory period of monitored release. In
11the event the offender is not accepted for placement in the
12county impact incarceration program, the court shall proceed
13to sentence the offender to any other disposition authorized
14by this Code. If the offender does not successfully complete
15the program, the offender's failure to do so shall constitute
16a violation of the sentence to the county impact incarceration
17program.
18    (c) In order to be eligible to be sentenced to or ordered
19to a county impact incarceration program by the court, the
20person shall meet all of the following requirements:
21        (1) The person must be not less than 17 years of age
22    nor more than 35 years of age.
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.

 

 

HB5211- 3 -LRB102 24820 RLC 34065 b

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.
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
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
22    incarceration.
23        (5) The person must be physically able to participate
24    in strenuous physical activities or labor, as determined
25    by the Sheriff.
26        (6) The person must not have any mental disorder or

 

 

HB5211- 4 -LRB102 24820 RLC 34065 b

1    disability that would prevent participation in a county
2    impact incarceration program, as determined by the
3    Sheriff.
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.
15    (c-5) The county impact incarceration program may shall
16include, among other matters, vocational training, education,
17counseling, substance abuse counseling, life skills training,
18mandatory physical training and labor, military formation and
19drills, regimented activities, and uniformity of dress and
20appearance, education and counseling, including drug
21counseling where appropriate.
22    (d) Privileges including visitation, commissary, receipt
23and retention of property and publications and access to
24television, radio, and a library may be suspended or
25restricted, notwithstanding provisions to the contrary in this
26Code.

 

 

HB5211- 5 -LRB102 24820 RLC 34065 b

1    (e) The Sheriff shall issue written rules and requirements
2for the program. Persons shall be informed of rules of
3behavior and conduct. Persons participating in the county
4impact incarceration program shall adhere to all rules and all
5requirements of the program.
6    (f) Participation in the county impact incarceration
7program shall be for a period of 120 to 180 days followed by a
8mandatory term of monitored release for at least 8 months and
9no more than 12 months supervised by the Sheriff. The period of
10incarceration time a person shall serve in the impact
11incarceration program shall not be reduced by the accumulation
12of good time. The mandatory term of monitored release a person
13shall serve may be reduced by the accumulation of good time or
14pre-trial detention, up to 120 days. The court may also
15sentence the person to a period of probation to commence at the
16successful completion of the county impact incarceration
17program.
18    (f-5) Offenders who are charged with eligible offenses may
19be ordered to the custodial period of the county impact
20incarceration program. If the offender is convicted of the
21eligible offense, the court may sentence the offender to the
22remaining days required to complete a total participation
23period of 120 to 180 days and the mandatory term of monitored
24release.
25    (g) If the person successfully completes the county impact
26incarceration program, the Sheriff shall certify the person's

 

 

HB5211- 6 -LRB102 24820 RLC 34065 b

1successful completion of the program to the court and to the
2county's State's Attorney. Upon successful completion of the
3county impact incarceration program and mandatory term of
4monitored release and if there is an additional period of
5probation given, the person shall at that time begin his or her
6probationary sentence under the supervision of the Adult
7Probation Department.
8    (h) A person may be removed from the county impact
9incarceration program for a violation of the terms or
10conditions of the program or in the event he or she is for any
11reason unable to participate. The failure to complete the
12program for any reason, including the 8 to 12 month monitored
13release period, shall be deemed a violation of the county
14impact incarceration sentence. The Sheriff shall give notice
15to the State's Attorney of the person's failure to complete
16the program. The Sheriff shall file a petition for violation
17of the county impact incarceration sentence with the court and
18the State's Attorney may proceed on the petition under Section
195-6-4 of this Code. The Sheriff shall promulgate rules and
20regulations governing conduct which could result in removal
21from the program or in a determination that the person has not
22successfully completed the program.
23    The mandatory conditions of every county impact
24incarceration sentence shall include that the person either
25while in the program or during the period of monitored
26release:

 

 

HB5211- 7 -LRB102 24820 RLC 34065 b

1        (1) not violate any criminal statute of any
2    jurisdiction;
3        (2) report or appear in person before any such person
4    or agency as directed by the court or the Sheriff;
5        (3) refrain from possessing a firearm or other
6    dangerous weapon;
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
11    notification and approval of the Sheriff; and
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.
18    (i) The Sheriff may terminate the county impact
19incarceration program at any time.
20    (j) The Sheriff shall report to the county board on or
21before September 30th of each year on the county impact
22incarceration program, including the composition of the
23program by the offenders, by county of commitment, sentence,
24age, offense, and race.
25(Source: P.A. 100-201, eff. 8-18-17.)