Illinois General Assembly - Full Text of SB1861
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Full Text of SB1861  102nd General Assembly




SB1861 EnrolledLRB102 03999 RLC 14015 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 5-8-1.1 as follows:
6    (730 ILCS 5/5-8-1.1)  (from Ch. 38, par. 1005-8-1.1)
7    Sec. 5-8-1.1. Impact program incarceration.
8    (a) The Department may establish and operate an impact
9incarceration program for eligible offenders. If the court
10finds under Section 5-4-1 that an offender sentenced to a term
11of imprisonment for a felony may meet the eligibility
12requirements of the Department, the court may in its
13sentencing order approve the offender for placement in the
14impact incarceration program conditioned upon his acceptance
15in the program by the Department. Notwithstanding the
16sentencing provisions of this Code, the sentencing order also
17shall provide that if the Department accepts the offender in
18the program and determines that the offender has successfully
19completed the impact incarceration program, the sentence shall
20be reduced to time considered served upon certification to the
21court by the Department that the offender has successfully
22completed the program. In the event the offender is not
23accepted for placement in the impact incarceration program or



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1the offender does not successfully complete the program, his
2term of imprisonment shall be as set forth by the court in its
3sentencing order.
4    (b) In order to be eligible to participate in the impact
5incarceration program, the committed person shall meet all of
6the following requirements:
7        (1) The person must be not less than 17 years of age
8    nor more than 35 years of age.
9        (2) The person has not previously participated in an
10    the impact incarceration program and has not previously
11    served more than one prior sentence of imprisonment for a
12    felony in an adult correctional facility.
13        (3) The person has not been convicted of a Class X
14    felony, first or second degree murder, armed violence,
15    aggravated kidnapping, criminal sexual assault, aggravated
16    criminal sexual abuse or a subsequent conviction for
17    criminal sexual abuse, forcible detention, residential
18    arson, place of worship arson, or arson and has not been
19    convicted previously of any of those offenses.
20        (4) The person has been sentenced to a term of
21    imprisonment of 8 years or less.
22        (5) The person must be physically able to participate
23    in strenuous physical activities or labor.
24        (6) The person must not have any mental disorder or
25    disability that would prevent participation in the impact
26    incarceration program.



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1        (7) The person has consented in writing to
2    participation in the impact incarceration program and to
3    the terms and conditions thereof.
4        (8) The person was recommended and approved for
5    placement in the impact incarceration program in the
6    court's sentencing order.
7    The Department may also consider, among other matters,
8whether the committed person has any outstanding detainers or
9warrants, whether the committed person has a history of
10escaping or absconding, whether participation in the impact
11incarceration program may pose a risk to the safety or
12security of any person and whether space is available.
13    (c) The impact incarceration program shall include, among
14other matters, community service activities, cognitive
15behavioral programming, life skills, reentry planning,
16mandatory physical training and labor, military formation and
17drills, regimented activities, uniformity of dress and
18appearance, education and counseling, including drug
19counseling where appropriate.
20    (d) Privileges including visitation, commissary, receipt
21and retention of property and publications and access to
22television, radio and a library may be suspended or
23restricted, notwithstanding provisions to the contrary in this
25    (e) Committed persons participating in the impact
26incarceration program shall adhere to all Department rules and



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1all requirements of the program. Committed persons shall be
2informed of rules of behavior and conduct. Disciplinary
3procedures required by this Code or by Department rule are not
4applicable except in those instances in which the Department
5seeks to revoke good time.
6    (f) Participation in the impact incarceration program
7shall be for a period of one year to eighteen months 120 to 180
8days. The period of time a committed person shall serve in the
9impact incarceration program shall not be reduced by the
10accumulation of good time.
11    (g) The committed person shall serve a term of mandatory
12supervised release as set forth in subsection (d) of Section
14    (h) A committed person may be removed from the program for
15a violation of the terms or conditions of the program or in the
16event he is for any reason unable to participate. The
17Department shall promulgate rules and regulations governing
18conduct which could result in removal from the program, extend
19the period of time a committed person must serve in the
20program, or in a determination that the committed person has
21not successfully completed the program. A committed person
22shall not have the time required to successfully complete the
23program extended beyond the maximum 18 month period of
24participation identified in paragraph (f). Committed persons
25shall have access to such rules, which shall provide that a
26committed person shall receive notice and have the opportunity



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1to appear before and address one or more hearing officers. A
2committed person may be transferred to any of the Department's
3facilities prior to the hearing.
4    (i) The Department may terminate the impact incarceration
5program at any time.
6    (j) The Department shall report to the Governor and the
7General Assembly on or before September 30th of each year on
8the impact incarceration program, including the composition of
9the program by the offenders, by county of commitment,
10sentence, age, offense and race.
11    (k) The Department of Corrections shall consider the
12affirmative action plan approved by the Department of Human
13Rights in hiring staff at the impact incarceration facilities.
14    (l) The Department of Corrections shall advocate for the
15impact program. The Department may identify candidates for
16participation in the program that were not previously
17recommended and formally submit the names to the State's
18Attorney of the committing county.
19(Source: P.A. 97-800, eff. 7-13-12.)