State of Illinois
92nd General Assembly

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[ House Amendment 001 ]



 1        AN ACT concerning impact incarceration.

 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 5-8-1.2 as follows:

 6        (730 ILCS 5/5-8-1.2)
 7        Sec. 5-8-1.2.  County impact incarceration.
 8        (a)  Legislative  intent.   It  is  the  finding  of  the
 9    General  Assembly  that certain non-violent offenders who are
10    eligible for sentences of incarceration may benefit from  the
11    rehabilitative  aspects  of  a  county  impact  incarceration
12    program.   It is the intent of the General Assembly that such
13    programs be implemented as provided by  this  Section.   This
14    Section  shall not be construed to allow violent offenders to
15    participate in a county impact incarceration program.
16        (b)  Under the direction of  the  Sheriff  and  with  the
17    approval  of  the County Board of Commissioners, the Sheriff,
18    in any county  with  more  than  3,000,000  inhabitants,  may
19    establish  and  operate a county impact incarceration program
20    for eligible offenders.  If the  court  finds  under  Section
21    5-4-1  that  an  offender  convicted  of  a  felony meets the
22    eligibility  requirements  of  the  Sheriff's  county  impact
23    incarceration program, the court may sentence the offender to
24    the county impact incarceration program.  The  Sheriff  shall
25    be responsible for monitoring all offenders who are sentenced
26    to  the  county  impact  incarceration program, including the
27    mandatory period of monitored release following  the  120  to
28    180  days  of impact incarceration. Offenders assigned to the
29    county    impact    incarceration    program     under     an
30    intergovernmental   agreement  between  the  county  and  the
31    Illinois  Department  of  Corrections  are  exempt  from  the
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 1    provisions of this mandatory period of monitored release.  In
 2    the  event  the offender is not accepted for placement in the
 3    county impact incarceration program, the court shall  proceed
 4    to  sentence the offender to any other disposition authorized
 5    by this Code. If the offender does not successfully  complete
 6    the program, the offender's failure to do so shall constitute
 7    a   violation   of   the   sentence   to  the  county  impact
 8    incarceration program.
 9        (c)  In order to be eligible to be sentenced to a  county
10    impact  incarceration  program by the court, the person shall
11    meet all of the following requirements:
12             (1)  the person must be not less than  17  years  of
13        age nor more than 35 years of age;
14             (2)  The  person  has not previously participated in
15        the impact incarceration program and has  not  previously
16        served more than one prior sentence of imprisonment for a
17        felony in an adult correctional facility;
18             (3)  The  person has not been convicted of a Class X
19        felony, first or second degree  murder,  armed  violence,
20        aggravated    kidnapping,    criminal   sexual   assault,
21        aggravated  criminal  sexual  abuse   or   a   subsequent
22        conviction for criminal sexual abuse, forcible detention,
23        or  arson and has not been convicted previously of any of
24        those offenses.
25             (4)  The person  has  been  found  in  violation  of
26        probation  for  an  offense  that  is  a Class 2, 3, or 4
27        felony that is  not  a  forcible  felony  as  defined  in
28        Section  2-8  of  the  Criminal Code of 1961 or a violent
29        crime as defined in subsection (c) of Section  3  of  the
30        Rights  of  Crime Victims and Witnesses Act who otherwise
31        could be sentenced to a term  of  incarceration;  or  the
32        person  is  convicted of an offense that is a Class 2, 3,
33        or 4 felony that is not a forcible felony as  defined  in
34        Section  2-8  of  the  Criminal Code of 1961 or a violent
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 1        crime as defined in subsection (c) of Section  3  of  the
 2        Rights  of  Crime  Victims  and  Witnesses  Act  who  has
 3        previously  served a sentence of probation for any felony
 4        offense and who otherwise could be sentenced to a term of
 5        incarceration.
 6             (5)  The  person  must   be   physically   able   to
 7        participate in strenuous physical activities or labor.
 8             (6)  The person must not have any mental disorder or
 9        disability  that  would prevent participation in a county
10        impact incarceration program.
11             (7)  The person was  recommended  and  approved  for
12        placement  in  the county impact incarceration program by
13        the Sheriff and consented in writing to participation  in
14        the  county impact incarceration program and to the terms
15        and conditions of the program.  The Sheriff may consider,
16        among  other  matters,  whether  the   person   has   any
17        outstanding detainers or warrants, whether the person has
18        a    history   of   escaping   or   absconding,   whether
19        participation in the county impact incarceration  program
20        may  pose  a risk to the safety or security of any person
21        and whether space is available.
22        (c)  The  county  impact  incarceration   program   shall
23    include, among other matters, mandatory physical training and
24    labor,  military formation and drills, regimented activities,
25    uniformity of dress and appearance, education and counseling,
26    including drug counseling where appropriate.
27        (d)  Privileges including visitation, commissary, receipt
28    and retention of property  and  publications  and  access  to
29    television,   radio,  and  a  library  may  be  suspended  or
30    restricted, notwithstanding provisions  to  the  contrary  in
31    this Code.
32        (e)  The   Sheriff   shall   issue   written   rules  and
33    requirements for the program.  Persons shall be  informed  of
34    rules  of behavior and conduct.  Persons participating in the
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 1    county impact incarceration program shall adhere to all rules
 2    and all requirements of the program.
 3        (f)  Participation in  the  county  impact  incarceration
 4    program  shall be for a period of 120 to 180 days followed by
 5    a mandatory term of monitored release for at least  8  months
 6    and  no  more  than 12 months supervised by the Sheriff.  The
 7    period  of  time  a  person  shall  serve   in   the   impact
 8    incarceration   program   shall   not   be   reduced  by  the
 9    accumulation of good time.  The court may also  sentence  the
10    person to a period of probation to commence at the successful
11    completion of the county impact incarceration program.
12        (g)  If  the  person  successfully  completes  the county
13    impact incarceration program, the Sheriff shall  certify  the
14    person's  successful  completion  of the program to the court
15    and  to  the  county's  State's  Attorney.   Upon  successful
16    completion of the county  impact  incarceration  program  and
17    mandatory  term  of  monitored  release  and  if  there is an
18    additional period of probation given,  the  person  shall  at
19    that  time  begin  his or her probationary sentence under the
20    supervision of the Adult Probation Department.
21        (h)  A person may  be  removed  from  the  county  impact
22    incarceration  program  for  a  violation  of  the  terms  or
23    conditions  of  the  program or in the event he or she is for
24    any reason unable to participate.  The  failure  to  complete
25    the  program  for  any  reason,  including  the 8 to 12 month
26    monitored release period, shall be deemed a violation of  the
27    county impact incarceration sentence.  The Sheriff shall give
28    notice  to  the  State's  Attorney of the person's failure to
29    complete the program.  The Sheriff shall file a petition  for
30    violation  of  the  county impact incarceration sentence with
31    the court  and  the  State's  Attorney  may  proceed  on  the
32    petition under Section 5-6-4 of this Code.  The Sheriff shall
33    promulgate  rules  and  regulations  governing  conduct which
34    could  result  in  removal  from  the   program   or   in   a
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 1    determination  that the person has not successfully completed
 2    the program.
 3        The  mandatory  conditions   of   every   county   impact
 4    incarceration  sentence  shall include that the person either
 5    while in the  program  or  during  the  period  of  monitored
 6    release:
 7             (1)  not   violate   any  criminal  statute  of  any
 8        jurisdiction;
 9             (2)  report or appear  in  person  before  any  such
10        person or agency as directed by the court or the Sheriff;
11             (3)  refrain  from  possessing  a  firearm  or other
12        dangerous weapon;
13             (4)  not leave the State without the consent of  the
14        court  or,  in  circumstances in which the reason for the
15        absence is of such an emergency nature that prior consent
16        by  the  court  is  not  possible,  without   the   prior
17        notification and approval of the Sheriff; and
18             (5)  permit  representatives of the Sheriff to visit
19        at the person's home or elsewhere to the extent necessary
20        for the Sheriff to monitor compliance with  the  program.
21        Persons  shall  have  access  to  such rules, which shall
22        provide that a person shall receive notice  of  any  such
23        violation.
24        (i)  The   Sheriff   may   terminate  the  county  impact
25    incarceration program at any time.
26        (j)  The Sheriff shall report to the county board  on  or
27    before  September  30th  of  each  year  on the county impact
28    incarceration  program,  including  the  composition  of  the
29    program by the offenders, by county of commitment,  sentence,
30    age, offense, and race.
31    (Source: P.A. 89-587, eff. 7-31-96.)

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