Illinois General Assembly - Full Text of SB3364
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Full Text of SB3364  98th General Assembly




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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 5-8-1.2 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 General
9Assembly that certain non-violent offenders eligible for
10sentences of incarceration may benefit from the rehabilitative
11aspects of a county impact incarceration program. It is the
12intent of the General Assembly that such programs be
13implemented as provided by this Section. This Section shall not
14be construed to allow violent offenders to participate in a
15county impact incarceration program.
16    (b) Under the direction of the Sheriff and with the
17approval of the County Board of Commissioners, the Sheriff, in
18any county with more than 3,000,000 inhabitants, may establish
19and operate a county impact incarceration program for eligible
20offenders. If the court finds under Section 5-4-1 that an
21offender convicted of a felony meets the eligibility
22requirements of the Sheriff's county impact incarceration
23program, the court may sentence the offender to the county



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1impact incarceration program. The Sheriff shall be responsible
2for monitoring all offenders who are sentenced to the county
3impact incarceration program, including the mandatory period
4of monitored release following the 120 to 180 days of impact
5incarceration. Offenders assigned to the county impact
6incarceration program under an intergovernmental agreement
7between the county and the Illinois Department of Corrections
8are exempt from the provisions of this mandatory period of
9monitored release. In the event the offender is not accepted
10for placement in the county impact incarceration program, the
11court shall proceed to sentence the offender to any other
12disposition authorized by this Code. If the offender does not
13successfully complete the program, the offender's failure to do
14so shall constitute a violation of the sentence to the county
15impact incarceration program.
16    (c) In order to be eligible to be sentenced to a county
17impact incarceration program by the court, the person shall
18meet all of the following requirements:
19        (1) the person must be not less than 17 years of age
20    nor more than 35 years of age;
21        (2) The person has not previously participated in the
22    impact incarceration program and has not previously served
23    more than one prior sentence of imprisonment for a felony
24    in an adult correctional facility;
25        (3) The person has not been convicted of a Class X
26    felony, first or second degree murder, armed violence,



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1    aggravated kidnapping, criminal sexual assault, aggravated
2    criminal sexual abuse or a subsequent conviction for
3    criminal sexual abuse, forcible detention, or arson and has
4    not been convicted previously of any of those offenses.
5        (4) The person has been found in violation of probation
6    for an offense that is a Class 2, 3, or 4 felony that is not
7    a forcible felony as defined in Section 2-8 of the Criminal
8    Code of 2012 or a violent crime as defined in subsection
9    (c) of Section 3 of the Rights of Crime Victims and
10    Witnesses Act who otherwise could be sentenced to a term of
11    incarceration; or the person is convicted of an offense
12    that is a Class 2, 3, or 4 felony that is not a forcible
13    felony as defined in Section 2-8 of the Criminal Code of
14    2012 or a violent crime as defined in subsection (c) of
15    Section 3 of the Rights of Crime Victims and Witnesses Act
16    who has previously served a sentence of probation for any
17    felony offense and who otherwise could be sentenced to a
18    term of incarceration.
19        (5) The person must be physically able to participate
20    in strenuous physical activities or labor.
21        (6) The person must not have any mental disorder or
22    disability that would prevent participation in a county
23    impact incarceration program.
24        (7) The person was recommended and approved for
25    placement in the county impact incarceration program by the
26    Sheriff and consented in writing to participation in the



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1    county impact incarceration program and to the terms and
2    conditions of the program. The Sheriff may consider, among
3    other matters, whether the person has any outstanding
4    detainers or warrants, whether the person has a history of
5    escaping or absconding, whether participation in the
6    county impact incarceration program may pose a risk to the
7    safety or security of any person and whether space is
8    available.
9    (c-1) A person may not participate in a county impact
10incarceration program unless the sentencing judge, State's
11Attorney, and Sheriff certify in writing that the person
12sentenced to the program meets the eligibility requirements set
13forth in subsection (c) of this Section.
14    (c-5) (c) The county impact incarceration program shall
15include, among other matters, mandatory physical training and
16labor, military formation and drills, regimented activities,
17uniformity of dress and appearance, education and counseling,
18including drug counseling 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
24    (e) The Sheriff shall issue written rules and requirements
25for the program. Persons shall be informed of rules of behavior
26and conduct. Persons participating in the county impact



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1incarceration program shall adhere to all rules and all
2requirements of the program.
3    (f) Participation in the county impact incarceration
4program shall be for a period of 120 to 180 days followed by a
5mandatory term of monitored release for at least 8 months and
6no more than 12 months supervised by the Sheriff. The period of
7time a person shall serve in the impact incarceration program
8shall not be reduced by the accumulation of good time. The
9court may also sentence the person to a period of probation to
10commence at the successful completion of the county impact
11incarceration program.
12    (g) If the person successfully completes the county impact
13incarceration program, the Sheriff shall certify the person's
14successful completion of the program to the court and to the
15county's State's Attorney. Upon successful completion of the
16county impact incarceration program and mandatory term of
17monitored release and if there is an additional period of
18probation given, the person shall at that time begin his or her
19probationary sentence under the supervision of the Adult
20Probation Department.
21    (h) A person may be removed from the county impact
22incarceration program for a violation of the terms or
23conditions of the program or in the event he or she is for any
24reason unable to participate. The failure to complete the
25program for any reason, including the 8 to 12 month monitored
26release period, shall be deemed a violation of the county



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1impact incarceration sentence. The Sheriff shall give notice to
2the State's Attorney of the person's failure to complete the
3program. The Sheriff shall file a petition for violation of the
4county impact incarceration sentence with the court and the
5State's Attorney may proceed on the petition under Section
65-6-4 of this Code. The Sheriff shall promulgate rules and
7regulations governing conduct which could result in removal
8from the program or in a determination that the person has not
9successfully completed the program.
10    The mandatory conditions of every county impact
11incarceration sentence shall include that the person either
12while in the program or during the period of monitored release:
13        (1) not violate any criminal statute of any
14    jurisdiction;
15        (2) report or appear in person before any such person
16    or agency as directed by the court or the Sheriff;
17        (3) refrain from possessing a firearm or other
18    dangerous weapon;
19        (4) not leave the State without the consent of the
20    court or, in circumstances in which the reason for the
21    absence is of such an emergency nature that prior consent
22    by the court is not possible, without the prior
23    notification and approval of the Sheriff; and
24        (5) permit representatives of the Sheriff to visit at
25    the person's home or elsewhere to the extent necessary for
26    the Sheriff to monitor compliance with the program. Persons



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1    shall have access to such rules, which shall provide that a
2    person shall receive notice of any such violation.
3    (i) The Sheriff may terminate the county impact
4incarceration program at any time.
5    (j) The Sheriff shall report to the county board on or
6before September 30th of each year on the county impact
7incarceration program, including the composition of the
8program by the offenders, by county of commitment, sentence,
9age, offense, and race.
10(Source: P.A. 97-1150, eff. 1-25-13.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.