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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | |||||||||||||||||||
5 | changing Section 5-8-1.2 as follows:
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6 | (730 ILCS 5/5-8-1.2)
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7 | Sec. 5-8-1.2. County impact incarceration.
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8 | (a) Legislative intent. It is the finding of the General | |||||||||||||||||||
9 | Assembly that
certain non-violent offenders eligible for | |||||||||||||||||||
10 | sentences of incarceration may
benefit from the rehabilitative | |||||||||||||||||||
11 | aspects of a county impact incarceration
program. It is the | |||||||||||||||||||
12 | intent of the General Assembly that such programs be
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13 | implemented as provided by this Section. This Section shall not | |||||||||||||||||||
14 | be construed
to allow violent offenders to participate in a | |||||||||||||||||||
15 | county impact incarceration
program.
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16 | (b) Under the direction of the Sheriff and with the | |||||||||||||||||||
17 | approval of the County
Board of Commissioners, the Sheriff, in | |||||||||||||||||||
18 | any county with more than 3,000,000
inhabitants, may establish | |||||||||||||||||||
19 | and operate a county impact incarceration program
for eligible | |||||||||||||||||||
20 | offenders. If the court finds under Section 5-4-1 that an
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21 | offender convicted of a felony meets the eligibility | |||||||||||||||||||
22 | requirements of the
Sheriff's county impact incarceration | |||||||||||||||||||
23 | program, the court may sentence the
offender to the county |
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1 | impact incarceration program. If the court finds a person | ||||||
2 | charged with a felony meets the eligibility requirements of the | ||||||
3 | Sheriff's county impact incarceration program, the court may | ||||||
4 | order the person's participation in the county impact | ||||||
5 | incarceration program. The Sheriff shall be
responsible for | ||||||
6 | monitoring all offenders who are sentenced to or ordered to the | ||||||
7 | county impact
incarceration program, including the mandatory | ||||||
8 | period of monitored release
following the 120 to 180 days of | ||||||
9 | impact incarceration.
Offenders assigned to the county impact | ||||||
10 | incarceration program under an
intergovernmental agreement | ||||||
11 | between the county and the Illinois Department of
Corrections | ||||||
12 | are exempt from the provisions of this mandatory period of
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13 | monitored
release.
In the event the
convicted offender is not | ||||||
14 | accepted for placement in the county impact incarceration
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15 | program, the court shall proceed to sentence the offender to | ||||||
16 | any other
disposition authorized by this Code.
If the offender | ||||||
17 | does not successfully
complete the program, the offender's | ||||||
18 | failure to do so shall constitute a
violation of the sentence | ||||||
19 | or order to the county impact incarceration program.
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20 | (c) In order to be eligible to be sentenced to or ordered | ||||||
21 | to a county impact incarceration
program by the court, the | ||||||
22 | person shall meet all of the following requirements:
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23 | (1) the person must be not less than 17 years of age | ||||||
24 | nor more than 35
years of age;
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25 | (2) The person has not previously participated in the | ||||||
26 | impact incarceration
program and has not previously served |
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1 | more than one prior sentence of
imprisonment for a felony | ||||||
2 | in an adult correctional facility;
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3 | (3) The person has not been convicted of a Class X | ||||||
4 | felony, first or second
degree murder, armed violence, | ||||||
5 | aggravated kidnapping, criminal sexual assault,
aggravated | ||||||
6 | criminal sexual abuse or a subsequent conviction for | ||||||
7 | criminal sexual
abuse, forcible detention, or arson and has | ||||||
8 | not been convicted previously of
any of those offenses.
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9 | (4) The person has been found in violation of probation | ||||||
10 | for an offense
that is a Class 2, 3, or 4 felony that is not | ||||||
11 | a forcible felony as defined in
Section 2-8 of the Criminal | ||||||
12 | Code of 2012 or a violent crime as defined in
subsection | ||||||
13 | (c) of Section 3 of the Rights of Crime Victims and | ||||||
14 | Witnesses Act
who
otherwise could be sentenced to a term of | ||||||
15 | incarceration; or the person is
convicted of an offense | ||||||
16 | that is a Class 2, 3, or 4 felony that is not a
forcible | ||||||
17 | felony as defined in Section 2-8 of the Criminal Code of | ||||||
18 | 2012 or a
violent crime as defined in subsection (c) of | ||||||
19 | Section 3 of the Rights of Crime
Victims and Witnesses Act | ||||||
20 | who has previously served a sentence of probation for
any | ||||||
21 | felony offense and who otherwise could be sentenced to a | ||||||
22 | term of
incarceration.
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23 | (5) The person must be physically able to participate | ||||||
24 | in strenuous
physical
activities or labor.
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25 | (6) The person must not have any mental disorder or | ||||||
26 | disability that would
prevent participation in a county |
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1 | impact incarceration program.
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2 | (7) The person was recommended and approved for | ||||||
3 | placement in the county
impact incarceration program by the | ||||||
4 | Sheriff and consented in writing to
participation in the | ||||||
5 | county impact incarceration program and to the terms and
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6 | conditions of the program. The Sheriff may consider, among | ||||||
7 | other matters,
whether the
person has any outstanding | ||||||
8 | detainers or warrants, whether the person has a
history of | ||||||
9 | escaping or absconding, whether participation in the
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10 | county impact incarceration program may pose
a risk to the | ||||||
11 | safety or security of any person and whether space is
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12 | available.
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13 | (c) The county impact incarceration program shall include, | ||||||
14 | among other
matters, mandatory physical training and labor, | ||||||
15 | military formation and drills,
regimented activities, | ||||||
16 | uniformity of dress and appearance, education and
counseling, | ||||||
17 | including drug counseling where appropriate.
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18 | (d) Privileges including visitation, commissary, receipt | ||||||
19 | and retention of
property and publications and access to | ||||||
20 | television, radio, and a library may be
suspended or | ||||||
21 | restricted, notwithstanding provisions to the contrary in this
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22 | Code.
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23 | (e) The Sheriff shall issue written rules and requirements | ||||||
24 | for the program.
Persons shall be informed of rules of behavior | ||||||
25 | and conduct. Persons
participating in the county impact | ||||||
26 | incarceration program shall adhere to all
rules and all |
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1 | requirements of the program.
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2 | (f) Participation in the county impact incarceration | ||||||
3 | program shall be for a
period of 120 to 180 days followed by a | ||||||
4 | mandatory term of monitored release
for at least 8 months and | ||||||
5 | no more than 12 months supervised by the Sheriff.
The period of | ||||||
6 | time a person shall serve in the impact incarceration program
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7 | shall not be reduced by the accumulation of good time. The | ||||||
8 | court may also
sentence the person to a period of probation to | ||||||
9 | commence at the successful
completion of the county impact | ||||||
10 | incarceration program.
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11 | (f-1) Persons who are charged with eligible offenses may be | ||||||
12 | ordered by the court to participate in the county impact | ||||||
13 | incarceration program for the period of 120 to 180 days. If the | ||||||
14 | offender is convicted of the eligible offense, the court may | ||||||
15 | sentence the offender to the remaining days required to | ||||||
16 | complete a total participation period of 120 to 180 days and | ||||||
17 | the mandatory term of monitored release. | ||||||
18 | (g) If the person successfully completes the county impact | ||||||
19 | incarceration
program, the Sheriff shall certify the person's | ||||||
20 | successful completion of the
program to the court and to the | ||||||
21 | county's State's Attorney. Upon successful
completion of the | ||||||
22 | county impact incarceration program and mandatory
term of | ||||||
23 | monitored release and if there is an additional period of | ||||||
24 | probation
given, the person shall at that time begin his or her | ||||||
25 | probationary sentence
under the supervision of the Adult | ||||||
26 | Probation Department.
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1 | (h) A person may be removed from the county impact | ||||||
2 | incarceration program for
a violation of the terms or
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3 | conditions of the program or in the event he or she is for any | ||||||
4 | reason unable to
participate. The failure to complete the | ||||||
5 | program for any reason, including the
8 to 12 month monitored | ||||||
6 | release period, shall be deemed a violation of the
county | ||||||
7 | impact incarceration sentence. The Sheriff shall give notice to | ||||||
8 | the
State's Attorney of the person's failure to complete the | ||||||
9 | program. The Sheriff
shall file a petition for violation of the | ||||||
10 | county impact incarceration sentence
with the court and the | ||||||
11 | State's Attorney may proceed on the petition under
Section | ||||||
12 | 5-6-4 of this Code. The Sheriff shall promulgate rules and | ||||||
13 | regulations
governing conduct which could result in removal | ||||||
14 | from the program or in a
determination that the person has not | ||||||
15 | successfully completed the program.
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16 | The mandatory conditions of every county impact | ||||||
17 | incarceration sentence
shall
include that the person either | ||||||
18 | while in the program or during the period of
monitored release:
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19 | (1) not violate any criminal statute of any | ||||||
20 | jurisdiction;
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21 | (2) report or appear in person before any such person | ||||||
22 | or agency as
directed by the court or the Sheriff;
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23 | (3) refrain from possessing a firearm or other | ||||||
24 | dangerous weapon;
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25 | (4) not leave the State without the consent of the | ||||||
26 | court or, in
circumstances in which the reason for the |
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1 | absence is of such an emergency
nature that prior consent | ||||||
2 | by the court is not possible, without the prior
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3 | notification and approval of the Sheriff; and
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4 | (5) permit representatives of the Sheriff to visit at | ||||||
5 | the person's home or
elsewhere to the extent necessary for | ||||||
6 | the Sheriff to monitor compliance with
the program. Persons | ||||||
7 | shall have access to such rules, which shall provide that
a | ||||||
8 | person shall receive notice of any such violation.
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9 | (i) The Sheriff may terminate the county impact | ||||||
10 | incarceration program at
any time.
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11 | (j) The Sheriff shall report to the county board on or | ||||||
12 | before September
30th of each year on the county impact | ||||||
13 | incarceration program, including the
composition of the | ||||||
14 | program by the offenders, by county of commitment, sentence,
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15 | age, offense, and race.
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16 | (Source: P.A. 97-1150, eff. 1-25-13.)
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