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


Rep. Patrick Windhorst

Filed: 5/13/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 1861 by replacing
3everything after the enacting clause with the following:
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



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



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1        (4) The person has been sentenced to a term of
2    imprisonment of 8 years or less.
3        (5) The person must be physically able to participate
4    in strenuous physical activities or labor.
5        (6) The person must not have any mental disorder or
6    disability that would prevent participation in the impact
7    incarceration program.
8        (7) The person has consented in writing to
9    participation in the impact incarceration program and to
10    the terms and conditions thereof.
11        (8) The person was recommended and approved for
12    placement in the impact incarceration program in the
13    court's sentencing order.
14    The Department may also consider, among other matters,
15whether the committed person has any outstanding detainers or
16warrants, whether the committed person has a history of
17escaping or absconding, whether participation in the impact
18incarceration program may pose a risk to the safety or
19security of any person and whether space is available.
20    (c) The impact incarceration program shall include, among
21other matters, community service activities, cognitive
22behavioral programming, life skills, reentry planning,
23mandatory physical training and labor, military formation and
24drills, regimented activities, uniformity of dress and
25appearance, education and counseling, including drug
26counseling where appropriate.



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1    (d) Privileges including visitation, commissary, receipt
2and retention of property and publications and access to
3television, radio and a library may be suspended or
4restricted, notwithstanding provisions to the contrary in this
6    (e) Committed persons participating in the impact
7incarceration program shall adhere to all Department rules and
8all requirements of the program. Committed persons shall be
9informed of rules of behavior and conduct. Disciplinary
10procedures required by this Code or by Department rule are not
11applicable except in those instances in which the Department
12seeks to revoke good time.
13    (f) Participation in the impact incarceration program
14shall be for a period of one year to eighteen months 120 to 180
15days. The period of time a committed person shall serve in the
16impact incarceration program shall not be reduced by the
17accumulation of good time.
18    (g) The committed person shall serve a term of mandatory
19supervised release as set forth in subsection (d) of Section
21    (h) A committed person may be removed from the program for
22a violation of the terms or conditions of the program or in the
23event he is for any reason unable to participate. The
24Department shall promulgate rules and regulations governing
25conduct which could result in removal from the program, extend
26the period of time a committed person must serve in the



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1program, or in a determination that the committed person has
2not successfully completed the program. A committed person
3shall not have the time required to successfully complete the
4program extended beyond the maximum 18 month period of
5participation identified in paragraph (f). Committed persons
6shall have access to such rules, which shall provide that a
7committed person shall receive notice and have the opportunity
8to appear before and address one or more hearing officers. A
9committed person may be transferred to any of the Department's
10facilities prior to the hearing.
11    (i) The Department may terminate the impact incarceration
12program at any time.
13    (j) The Department shall report to the Governor and the
14General Assembly on or before September 30th of each year on
15the impact incarceration program, including the composition of
16the program by the offenders, by county of commitment,
17sentence, age, offense and race.
18    (k) The Department of Corrections shall consider the
19affirmative action plan approved by the Department of Human
20Rights in hiring staff at the impact incarceration facilities.
21    (l) The Department of Corrections shall advocate for the
22impact program. The Department may identify candidates for
23participation in the program that were not previously
24recommended and formally submit the names to the State's
25Attorney of the committing county.
26(Source: P.A. 97-800, eff. 7-13-12.)".