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730 ILCS 5/5-8-1.1
(730 ILCS 5/5-8-1.1)
(from Ch. 38, par. 1005-8-1.1)
(a) The Department may establish
and operate an impact incarceration
program for eligible offenders. If the court finds under
Section 5-4-1 that
an offender sentenced to a term of imprisonment for a felony may meet the
eligibility requirements of the Department, the court may in its
approve the offender for placement in the impact incarceration program
conditioned upon his acceptance in the program by the Department.
Notwithstanding the sentencing provisions of this Code, the sentencing
order also shall provide that if the Department accepts the offender in the
program and determines that the offender has successfully completed the
impact incarceration program, the sentence shall be reduced to time
considered served upon certification to the court by the Department that
the offender has successfully completed the program. In the event the
offender is not accepted for placement in the impact incarceration program
or the offender does not successfully complete the program,
his term of imprisonment shall be as set forth by the court in its sentencing
(b) In order to be eligible to participate in the impact incarceration
program, the committed person shall meet all of the following requirements:
(1) The person must be not less than 17 years of age
nor more than 35 years of age.
(2) The person has not previously participated in the
impact incarceration program and has not previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.
(3) The person has not been convicted of a Class X
felony, first or second degree murder, armed violence, aggravated kidnapping, criminal sexual assault, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse, forcible detention, residential arson, place of worship arson, or arson and has not been convicted previously of any of those offenses.
(4) The person has been sentenced to a term of
imprisonment of 8 years or less.
(5) The person must be physically able to participate
in strenuous physical activities or labor.
(6) The person must not have any mental disorder or
disability that would prevent participation in the impact incarceration program.
(7) The person has consented in writing to
participation in the impact incarceration program and to the terms and conditions thereof.
(8) The person was recommended and approved for
placement in the impact incarceration program in the court's sentencing order.
The Department may also consider, among other matters, whether the
committed person has any outstanding detainers or warrants, whether the
committed person has a history of escaping or absconding, whether
participation in the impact incarceration program may pose a risk to the
safety or security of any person and whether space is available.
(c) The impact incarceration program shall include, among other matters,
mandatory physical training and labor, military formation and drills,
regimented activities, uniformity of dress and appearance, education and
counseling, including drug counseling where appropriate.
(d) Privileges including visitation, commissary, receipt and retention
of property and publications and access to television, radio and a library
may be suspended or restricted, notwithstanding provisions to the contrary in this Code.
(e) Committed persons participating in the impact incarceration program
shall adhere to all Department rules and all requirements of the program.
Committed persons shall be informed of rules of behavior and conduct.
Disciplinary procedures required by this Code or by Department rule are not
applicable except in those instances in which the Department seeks to revoke good time.
(f) Participation in the impact incarceration program shall be for a
period of 120 to 180 days. The period of time a committed person shall
serve in the impact incarceration program shall not be reduced by the
accumulation of good time.
(g) The committed person shall serve a term of mandatory supervised
release as set forth in subsection (d) of Section 5-8-1.
(h) A committed person may be removed from the program for a violation
of the terms or conditions of the program or in the event he is for any
reason unable to participate. The Department shall promulgate rules and
regulations governing conduct which could result in removal from the
program or in a determination that the committed person has not
successfully completed the program. Committed persons shall have access to
such rules, which shall provide that a committed person shall receive
notice and have the opportunity to appear before and address one or more
hearing officers. A committed person may be transferred to any of the
Department's facilities prior to the hearing.
(i) The Department may terminate the impact incarceration program at any
(j) The Department shall report to the Governor and the General Assembly
on or before September 30th of each year on the impact incarceration
program, including the composition of the program by the offenders, by
county of commitment, sentence, age, offense and race.
(k) The Department of Corrections shall consider the affirmative
action plan approved by the Department of Human Rights in hiring staff at
the impact incarceration facilities.
(Source: P.A. 97-800, eff. 7-13-12.)