Full Text of SB1861 102nd General Assembly
SB1861enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing 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 | 9 | | incarceration
program for eligible offenders. If the court | 10 | | finds under
Section 5-4-1 that
an offender sentenced to a term | 11 | | of imprisonment for a felony may meet the
eligibility | 12 | | requirements of the Department, the court may in its
| 13 | | sentencing order
approve the offender for placement in the | 14 | | impact incarceration program
conditioned upon his acceptance | 15 | | in the program by the Department.
Notwithstanding the | 16 | | sentencing provisions of this Code, the sentencing
order also | 17 | | shall provide that if the Department accepts the offender in | 18 | | the
program and determines that the offender has successfully | 19 | | completed the
impact incarceration program, the sentence shall | 20 | | be reduced to time
considered served upon certification to the | 21 | | court by the Department that
the offender has successfully | 22 | | completed the program. In the event the
offender is not | 23 | | accepted for placement in the impact incarceration program
or |
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| 1 | | the offender does not successfully complete the program,
his | 2 | | term of imprisonment shall be as set forth by the court in its | 3 | | sentencing
order.
| 4 | | (b) In order to be eligible to participate in the impact | 5 | | incarceration
program, the committed person shall meet all of | 6 | | the 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, | 8 | | whether the
committed person has any outstanding detainers or | 9 | | warrants, whether the
committed person has a history of | 10 | | escaping or absconding, whether
participation in the impact | 11 | | incarceration program may pose a risk to the
safety or | 12 | | security of any person and whether space is available.
| 13 | | (c) The impact incarceration program shall include, among | 14 | | other matters, community service activities, cognitive | 15 | | behavioral programming, life skills, reentry planning,
| 16 | | mandatory physical training and labor, military formation and | 17 | | drills,
regimented activities, uniformity of dress and | 18 | | appearance, education and
counseling, including drug | 19 | | counseling where appropriate.
| 20 | | (d) Privileges including visitation, commissary, receipt | 21 | | and retention
of property and publications and access to | 22 | | television, radio and a library
may be suspended or | 23 | | restricted, notwithstanding provisions to the contrary in this | 24 | | Code.
| 25 | | (e) Committed persons participating in the impact | 26 | | incarceration program
shall adhere to all Department rules and |
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| 1 | | all requirements of the program.
Committed persons shall be | 2 | | informed of rules of behavior and conduct.
Disciplinary | 3 | | procedures required by this Code or by Department rule are not
| 4 | | applicable except in those instances in which the Department | 5 | | seeks to revoke good time.
| 6 | | (f) Participation in the impact incarceration program | 7 | | shall be for a
period of one year to eighteen months 120 to 180 | 8 | | days . The period of time a committed person shall
serve in the | 9 | | impact incarceration program shall not be reduced by the
| 10 | | accumulation of good time.
| 11 | | (g) The committed person shall serve a term of mandatory | 12 | | supervised
release as set forth in subsection (d) of Section | 13 | | 5-8-1.
| 14 | | (h) A committed person may be removed from the program for | 15 | | a violation
of the terms or conditions of the program or in the | 16 | | event he is for any
reason unable to participate. The | 17 | | Department shall promulgate rules and
regulations governing | 18 | | conduct which could result in removal from the
program , extend | 19 | | the period of time a committed person must serve in the | 20 | | program, or in a determination that the committed person has | 21 | | not
successfully completed the program. A committed person | 22 | | shall not have the time required to successfully complete the | 23 | | program extended beyond the maximum 18 month period of | 24 | | participation identified in paragraph (f). Committed persons | 25 | | shall have access to
such rules, which shall provide that a | 26 | | committed person shall receive
notice and have the opportunity |
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| 1 | | to appear before and address one or more
hearing officers. A | 2 | | committed person may be transferred to any of the
Department's | 3 | | facilities prior to the hearing.
| 4 | | (i) The Department may terminate the impact incarceration | 5 | | program at any
time.
| 6 | | (j) The Department shall report to the Governor and the | 7 | | General Assembly
on or before September 30th of each year on | 8 | | the impact incarceration
program, including the composition of | 9 | | the program by the offenders, by
county of commitment, | 10 | | sentence, age, offense and race.
| 11 | | (k) The Department of Corrections shall consider the | 12 | | affirmative
action plan approved by the Department of Human | 13 | | Rights in hiring staff at
the impact incarceration facilities.
| 14 | | (l) The Department of Corrections shall advocate for the | 15 | | impact program. The Department may identify candidates for | 16 | | participation in the program that were not previously | 17 | | recommended and formally submit the names to the State's | 18 | | Attorney of the committing county. | 19 | | (Source: P.A. 97-800, eff. 7-13-12.)
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