102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1861

 

Introduced 2/26/2021, by Sen. Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-8-1.1  from Ch. 38, par. 1005-8-1.1

    Amends the Unified Code of Corrections. Provides that if the court finds that an offender sentenced to a term of imprisonment for a felony meets the eligibility requirements of the Department of Corrections, the court may in its sentencing order approve the offender for placement in the impact incarceration program and the Department shall accept the offender in the program (rather than the Department must consent to the offender's acceptance in the program).


LRB102 03999 RLC 14015 b

 

 

A BILL FOR

 

SB1861LRB102 03999 RLC 14015 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
13sentencing order approve the offender for placement in the
14impact incarceration program and the Department shall accept
15the offender in the program conditioned upon his acceptance in
16the program by the Department. Notwithstanding the sentencing
17provisions of this Code, the sentencing order also shall
18provide that if the Department accepts the offender in the
19program and determines that the offender has successfully
20completed the impact incarceration program, the sentence shall
21be reduced to time considered served upon certification to the
22court by the Department that the offender has successfully
23completed the program. In the event the offender is not

 

 

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

 

 

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1    incarceration program.
2        (7) The person has consented in writing to
3    participation in the impact incarceration program and to
4    the terms and conditions thereof.
5        (8) The person was recommended and approved for
6    placement in the impact incarceration program in the
7    court's sentencing order.
8    The court Department may also consider, among other
9matters, whether the committed person has any outstanding
10detainers or warrants, whether the committed person has a
11history of escaping or absconding, whether participation in
12the impact incarceration program may pose a risk to the safety
13or security of any person and whether space is available.
14    (c) The impact incarceration program shall include, among
15other matters, mandatory physical training and labor, military
16formation and drills, regimented activities, uniformity of
17dress and appearance, education and counseling, including drug
18counseling where appropriate.
19    (d) Privileges including visitation, commissary, receipt
20and retention of property and publications and access to
21television, radio and a library may be suspended or
22restricted, notwithstanding provisions to the contrary in this
23Code.
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
115-8-1.
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
22be transferred to any of the Department's facilities prior to
23the hearing.
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.
5    (k) The Department of Corrections shall consider the
6affirmative action plan approved by the Department of Human
7Rights in hiring staff at the impact incarceration facilities.
8(Source: P.A. 97-800, eff. 7-13-12.)