HB4364 EngrossedLRB100 16732 RLC 31871 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 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 sentencing
13order approve the offender for placement in the impact
14incarceration program conditioned upon his acceptance in the
15program by the Department. Notwithstanding the sentencing
16provisions of this Code, the sentencing order also shall
17provide that if the Department accepts the offender in the
18program 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 the
10    impact incarceration program and has not previously served
11    more than one prior sentence of imprisonment for a felony
12    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        (7.1) The court's sentencing order did not explicitly
5    disapprove of impact incarceration for the person.
6        (8) (Blank). The person was recommended and approved
7    for placement in the impact incarceration program in the
8    court's sentencing order.
9    The Department may also consider, among other matters,
10whether the committed person has any outstanding detainers or
11warrants, whether the committed person has a history of
12escaping or absconding, whether participation in the impact
13incarceration program may pose a risk to the safety or security
14of any person and whether space is available.
15    (c) The impact incarceration program shall include, among
16other matters, mandatory physical training and labor, military
17formation and drills, regimented activities, uniformity of
18dress and appearance, 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 restricted,
23notwithstanding provisions to the contrary in this Code.
24    (e) Committed persons participating in the impact
25incarceration program shall adhere to all Department rules and
26all requirements of the program. Committed persons shall be



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1informed of rules of behavior and conduct. Disciplinary
2procedures required by this Code or by Department rule are not
3applicable except in those instances in which the Department
4seeks to revoke good time.
5    (f) Participation in the impact incarceration program
6shall be for a period of 120 to 180 days. The period of time a
7committed person shall serve in the impact incarceration
8program shall not be reduced by the accumulation of good time.
9    (g) The committed person shall serve a term of mandatory
10supervised release as set forth in subsection (d) of Section
12    (h) A committed person may be removed from the program for
13a violation of the terms or conditions of the program or in the
14event he is for any reason unable to participate. The
15Department shall promulgate rules and regulations governing
16conduct which could result in removal from the program or in a
17determination that the committed person has not successfully
18completed the program. Committed persons shall have access to
19such rules, which shall provide that a committed person shall
20receive notice and have the opportunity to appear before and
21address one or more hearing officers. A committed person may be
22transferred to any of the Department's facilities prior to the
24    (i) The Department may terminate the impact incarceration
25program at any time.
26    (j) The Department shall report to the Governor and the



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1General Assembly on or before September 30th of each year on
2the impact incarceration program, including the composition of
3the program by the offenders, by county of commitment,
4sentence, age, offense and race. The report to the General
5Assembly shall be filed with the Clerk of the House of
6Representatives and the Secretary of the Senate in electronic
7form only, in the manner that the Clerk and the Secretary shall
9    (k) The Department of Corrections shall consider the
10affirmative action plan approved by the Department of Human
11Rights in hiring staff at the impact incarceration facilities.
12(Source: P.A. 97-800, eff. 7-13-12.)