Full Text of HB3754 100th General Assembly
HB3754eng 100TH GENERAL ASSEMBLY |
| | HB3754 Engrossed | | LRB100 10934 RLC 21171 b |
|
| 1 | | AN ACT concerning criminal law.
| 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 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 to improve the | 12 | | prospects of successful re-entry into society . It is the intent | 13 | | of the General Assembly that such programs be
implemented as | 14 | | provided by this Section. This Section shall not be construed
| 15 | | to allow violent offenders to participate in a county impact | 16 | | incarceration
program.
| 17 | | (b) The Under the direction of the Sheriff and with the | 18 | | approval of the County
Board of Commissioners, the Sheriff, in | 19 | | any county with more than 3,000,000
inhabitants, may establish | 20 | | and operate a county impact incarceration program
for eligible | 21 | | offenders. If the court finds under Section 5-4-1 that an
| 22 | | offender convicted of or charged with a felony meets the | 23 | | eligibility requirements of the
Sheriff's county impact |
| | | HB3754 Engrossed | - 2 - | LRB100 10934 RLC 21171 b |
|
| 1 | | incarceration program, the court may sentence or order the
| 2 | | offender to the county impact incarceration program. The | 3 | | Sheriff shall be
responsible for monitoring all offenders who | 4 | | are sentenced to the county impact
incarceration program, | 5 | | including the mandatory period of monitored release
following | 6 | | the 120 to 180 days of impact incarceration.
Offenders assigned | 7 | | to the county impact incarceration program under an
| 8 | | intergovernmental agreement between the county and the | 9 | | Illinois Department of
Corrections are exempt from the | 10 | | provisions of this mandatory period of
monitored
release.
In | 11 | | the event the
offender is not accepted for placement in the | 12 | | county impact incarceration
program, the court shall proceed to | 13 | | sentence the offender to any other
disposition authorized by | 14 | | this Code.
If the offender does not successfully
complete the | 15 | | program, the offender's failure to do so shall constitute a
| 16 | | violation of the sentence to the county impact incarceration | 17 | | program.
| 18 | | (c) In order to be eligible to be sentenced to or ordered | 19 | | to a county impact incarceration
program by the court, the | 20 | | person shall meet all of the following requirements:
| 21 | | (1) The the person must be not less than 17 years of | 22 | | age nor more than 35
years of age . ;
| 23 | | (2) The person has not previously participated in the | 24 | | county impact incarceration
program and has not previously | 25 | | served more than one prior sentence of
imprisonment for a | 26 | | felony in an adult correctional facility . ;
|
| | | HB3754 Engrossed | - 3 - | LRB100 10934 RLC 21171 b |
|
| 1 | | (3) The person has not been convicted of a Class X | 2 | | felony, first or second
degree murder, armed violence, | 3 | | aggravated kidnapping, criminal sexual assault,
aggravated | 4 | | criminal sexual abuse or a subsequent conviction for | 5 | | criminal sexual
abuse, escape, aiding escape, forcible | 6 | | detention, or arson and has not been convicted previously | 7 | | of
any of those offenses.
| 8 | | (4) The person has been found in violation of probation | 9 | | for an offense
that is a Class 2, 3, or 4 felony that is not | 10 | | a forcible felony as defined in
Section 2-8 of the Criminal | 11 | | Code of 2012 or a violent crime as defined in
subsection | 12 | | (c) of Section 3 of the Rights of Crime Victims and | 13 | | Witnesses Act
who
otherwise could be sentenced to a term of | 14 | | incarceration; or the person is
convicted of an offense | 15 | | that is a Class 2, 3, or 4 felony that is not a
forcible | 16 | | felony as defined in Section 2-8 of the Criminal Code of | 17 | | 2012 or a
violent crime as defined in subsection (c) of | 18 | | Section 3 of the Rights of Crime
Victims and Witnesses Act , | 19 | | except burglary or robbery, who has previously served a | 20 | | sentence of probation for
any felony offense and who | 21 | | otherwise could be sentenced to a term of
incarceration.
| 22 | | (5) The person must be physically able to participate | 23 | | in strenuous
physical
activities or labor , as determined by | 24 | | the Sheriff .
| 25 | | (6) The person must not have any mental disorder or | 26 | | disability that would
prevent participation in a county |
| | | HB3754 Engrossed | - 4 - | LRB100 10934 RLC 21171 b |
|
| 1 | | impact incarceration program , as determined by the | 2 | | Sheriff .
| 3 | | (7) The person was recommended and approved for | 4 | | placement in the county
impact incarceration program by the | 5 | | Sheriff and consented in writing to
participation in the | 6 | | county impact incarceration program and to the terms and
| 7 | | conditions of the program. The Sheriff may consider, among | 8 | | other matters,
whether the
person has any outstanding | 9 | | detainers or warrants, whether the person has a
history of | 10 | | escaping or absconding, whether participation in the
| 11 | | county impact incarceration program may pose
a risk to the | 12 | | safety or security of any person and whether space is
| 13 | | available.
| 14 | | (c-5) (c) The county impact incarceration program may shall | 15 | | include, among other
matters, vocational training, education, | 16 | | counseling, substance abuse counseling, life skills training, | 17 | | mandatory physical training and labor, military formation and | 18 | | drills,
regimented activities, and uniformity of dress and | 19 | | appearance , education and
counseling, including drug | 20 | | counseling where appropriate .
| 21 | | (d) Privileges including visitation, commissary, receipt | 22 | | and retention of
property and publications and access to | 23 | | television, radio, and a library may be
suspended or | 24 | | restricted, notwithstanding provisions to the contrary in this
| 25 | | Code.
| 26 | | (e) The Sheriff shall issue written rules and requirements |
| | | HB3754 Engrossed | - 5 - | LRB100 10934 RLC 21171 b |
|
| 1 | | for the program.
Persons shall be informed of rules of behavior | 2 | | and conduct. Persons
participating in the county impact | 3 | | incarceration program shall adhere to all
rules and all | 4 | | requirements of the program.
| 5 | | (f) Participation in the county impact incarceration | 6 | | program shall be for a
period of 120 to 180 days followed by a | 7 | | mandatory term of monitored release
for at least 8 months and | 8 | | no more than 12 months supervised by the Sheriff.
The period of | 9 | | incarceration time a person shall serve in the impact | 10 | | incarceration program
shall not be reduced by the accumulation | 11 | | of good time. The mandatory term of monitored release a person | 12 | | shall serve may be reduced by the accumulation of good time or | 13 | | pre-trial detention, up to 120 days. The court may also
| 14 | | sentence the person to a period of probation to commence at the | 15 | | successful
completion of the county impact incarceration | 16 | | program.
| 17 | | (f-5) Offenders who are charged with eligible offenses may | 18 | | be ordered to the custodial period of the county impact | 19 | | incarceration program. If the offender is convicted of the | 20 | | eligible offense, the court may sentence the offender to the | 21 | | remaining days required to complete a total participation | 22 | | period of 120 to 180 days and the mandatory term of monitored | 23 | | release. | 24 | | (g) If the person successfully completes the county impact | 25 | | incarceration
program, the Sheriff shall certify the person's | 26 | | successful completion of the
program to the court and to the |
| | | HB3754 Engrossed | - 6 - | LRB100 10934 RLC 21171 b |
|
| 1 | | county's State's Attorney. Upon successful
completion of the | 2 | | county impact incarceration program and mandatory
term of | 3 | | monitored release and if there is an additional period of | 4 | | probation
given, the person shall at that time begin his or her | 5 | | probationary sentence
under the supervision of the Adult | 6 | | Probation Department.
| 7 | | (h) A person may be removed from the county impact | 8 | | incarceration program for
a violation of the terms or
| 9 | | conditions of the program or in the event he or she is for any | 10 | | reason unable to
participate. The failure to complete the | 11 | | program for any reason, including the
8 to 12 month monitored | 12 | | release period, shall be deemed a violation of the
county | 13 | | impact incarceration sentence. The Sheriff shall give notice to | 14 | | the
State's Attorney of the person's failure to complete the | 15 | | program. The Sheriff
shall file a petition for violation of the | 16 | | county impact incarceration sentence
with the court and the | 17 | | State's Attorney may proceed on the petition under
Section | 18 | | 5-6-4 of this Code. The Sheriff shall promulgate rules and | 19 | | regulations
governing conduct which could result in removal | 20 | | from the program or in a
determination that the person has not | 21 | | successfully completed the program.
| 22 | | The mandatory conditions of every county impact | 23 | | incarceration sentence
shall
include that the person either | 24 | | while in the program or during the period of
monitored release:
| 25 | | (1) not violate any criminal statute of any | 26 | | jurisdiction;
|
| | | HB3754 Engrossed | - 7 - | LRB100 10934 RLC 21171 b |
|
| 1 | | (2) report or appear in person before any such person | 2 | | or agency as
directed by the court or the Sheriff;
| 3 | | (3) refrain from possessing a firearm or other | 4 | | dangerous weapon;
| 5 | | (4) not leave the State without the consent of the | 6 | | court or, in
circumstances in which the reason for the | 7 | | absence is of such an emergency
nature that prior consent | 8 | | by the court is not possible, without the prior
| 9 | | notification and approval of the Sheriff; and
| 10 | | (5) permit representatives of the Sheriff to visit at | 11 | | the person's home or
elsewhere to the extent necessary for | 12 | | the Sheriff to monitor compliance with
the program. Persons | 13 | | shall have access to such rules, which shall provide that
a | 14 | | person shall receive notice of any such violation.
| 15 | | (i) The Sheriff may terminate the county impact | 16 | | incarceration program at
any time.
| 17 | | (j) The Sheriff shall report to the county board on or | 18 | | before September
30th of each year on the county impact | 19 | | incarceration program, including the
composition of the | 20 | | program by the offenders, by county of commitment, sentence,
| 21 | | age, offense, and race.
| 22 | | (Source: P.A. 97-1150, eff. 1-25-13; revised 10-5-16.)
|
|