Full Text of HB5920 097th General Assembly
HB5920 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5920 Introduced 2/16/2012, by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
| |
Amends the Unified Code of Corrections setting forth requirements a person must meet in order to be eligible to be sentenced to a county impact incarceration
program by the court. Deletes a requirement that: the person has been found in violation of probation for an offense
that is a Class 2, 3, or 4 felony that is not a forcible felony or a violent crime who
otherwise could be sentenced to a term of incarceration; or the person is
convicted of an offense that is a Class 2, 3, or 4 felony that is not a
forcible felony or a
violent crime and has previously served a sentence of probation for
any felony offense and otherwise could be sentenced to a term of
incarceration.
|
| |
| | A BILL FOR |
|
| | | HB5920 | | LRB097 13316 RLC 57831 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. It is the | 12 | | intent of the General Assembly that such programs be
| 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.
| 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
| 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 |
| | | HB5920 | - 2 - | LRB097 13316 RLC 57831 b |
|
| 1 | | impact incarceration program. The Sheriff shall be
responsible | 2 | | for monitoring all offenders who are sentenced to the county | 3 | | impact
incarceration program, including the mandatory period | 4 | | of monitored release
following the 120 to 180 days of impact | 5 | | incarceration.
Offenders assigned to the county impact | 6 | | incarceration program under an
intergovernmental agreement | 7 | | between the county and the Illinois Department of
Corrections | 8 | | are exempt from the provisions of this mandatory period of
| 9 | | monitored
release.
In the event the
offender is not accepted | 10 | | for placement in the county impact incarceration
program, the | 11 | | court shall proceed to sentence the offender to any other
| 12 | | disposition authorized by this Code.
If the offender does not | 13 | | successfully
complete the program, the offender's failure to do | 14 | | so shall constitute a
violation of the sentence to the county | 15 | | impact incarceration program.
| 16 | | (c) In order to be eligible to be sentenced to a county | 17 | | impact incarceration
program by the court, the person shall | 18 | | meet 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, |
| | | HB5920 | - 3 - | LRB097 13316 RLC 57831 b |
|
| 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) (Blank). The person has been found in violation of | 6 | | probation for an offense
that is a Class 2, 3, or 4 felony | 7 | | that is not a forcible felony as defined in
Section 2-8 of | 8 | | the Criminal Code of 1961 or a violent crime as defined in
| 9 | | subsection (c) of Section 3 of the Rights of Crime Victims | 10 | | and Witnesses Act
who
otherwise could be sentenced to a | 11 | | term of incarceration; or the person is
convicted of an | 12 | | offense that is a Class 2, 3, or 4 felony that is not a
| 13 | | forcible felony as defined in Section 2-8 of the Criminal | 14 | | Code of 1961 or a
violent crime as defined in subsection | 15 | | (c) of Section 3 of the Rights of Crime
Victims and | 16 | | Witnesses Act who has previously served a sentence of | 17 | | probation for
any felony offense and who otherwise could be | 18 | | sentenced to a 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 |
| | | HB5920 | - 4 - | LRB097 13316 RLC 57831 b |
|
| 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) The county impact incarceration program shall include, | 10 | | among other
matters, mandatory physical training and labor, | 11 | | military formation and drills,
regimented activities, | 12 | | uniformity of dress and appearance, education and
counseling, | 13 | | including drug counseling where appropriate.
| 14 | | (d) Privileges including visitation, commissary, receipt | 15 | | and retention of
property and publications and access to | 16 | | television, radio, and a library may be
suspended or | 17 | | restricted, notwithstanding provisions to the contrary in this
| 18 | | Code.
| 19 | | (e) The Sheriff shall issue written rules and requirements | 20 | | for the program.
Persons shall be informed of rules of behavior | 21 | | and conduct. Persons
participating in the county impact | 22 | | incarceration program shall adhere to all
rules and all | 23 | | requirements of the program.
| 24 | | (f) Participation in the county impact incarceration | 25 | | program shall be for a
period of 120 to 180 days followed by a | 26 | | mandatory term of monitored release
for at least 8 months and |
| | | HB5920 | - 5 - | LRB097 13316 RLC 57831 b |
|
| 1 | | no more than 12 months supervised by the Sheriff.
The period of | 2 | | time a person shall serve in the impact incarceration program
| 3 | | shall not be reduced by the accumulation of good time. The | 4 | | court may also
sentence the person to a period of probation to | 5 | | commence at the successful
completion of the county impact | 6 | | incarceration program.
| 7 | | (g) If the person successfully completes the county impact | 8 | | incarceration
program, the Sheriff shall certify the person's | 9 | | successful completion of the
program to the court and to the | 10 | | county's State's Attorney. Upon successful
completion of the | 11 | | county impact incarceration program and mandatory
term of | 12 | | monitored release and if there is an additional period of | 13 | | probation
given, the person shall at that time begin his or her | 14 | | probationary sentence
under the supervision of the Adult | 15 | | Probation Department.
| 16 | | (h) A person may be removed from the county impact | 17 | | incarceration program for
a violation of the terms or
| 18 | | conditions of the program or in the event he or she is for any | 19 | | reason unable to
participate. The failure to complete the | 20 | | program for any reason, including the
8 to 12 month monitored | 21 | | release period, shall be deemed a violation of the
county | 22 | | impact incarceration sentence. The Sheriff shall give notice to | 23 | | the
State's Attorney of the person's failure to complete the | 24 | | program. The Sheriff
shall file a petition for violation of the | 25 | | county impact incarceration sentence
with the court and the | 26 | | State's Attorney may proceed on the petition under
Section |
| | | HB5920 | - 6 - | LRB097 13316 RLC 57831 b |
|
| 1 | | 5-6-4 of this Code. The Sheriff shall promulgate rules and | 2 | | regulations
governing conduct which could result in removal | 3 | | from the program or in a
determination that the person has not | 4 | | successfully completed the program.
| 5 | | The mandatory conditions of every county impact | 6 | | incarceration sentence
shall
include that the person either | 7 | | while in the program or during the period of
monitored release:
| 8 | | (1) not violate any criminal statute of any | 9 | | jurisdiction;
| 10 | | (2) report or appear in person before any such person | 11 | | or agency as
directed by the court or the Sheriff;
| 12 | | (3) refrain from possessing a firearm or other | 13 | | dangerous weapon;
| 14 | | (4) not leave the State without the consent of the | 15 | | court or, in
circumstances in which the reason for the | 16 | | absence is of such an emergency
nature that prior consent | 17 | | by the court is not possible, without the prior
| 18 | | notification and approval of the Sheriff; and
| 19 | | (5) permit representatives of the Sheriff to visit at | 20 | | the person's home or
elsewhere to the extent necessary for | 21 | | the Sheriff to monitor compliance with
the program. Persons | 22 | | shall have access to such rules, which shall provide that
a | 23 | | person shall receive notice of any such 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 |
| | | HB5920 | - 7 - | LRB097 13316 RLC 57831 b |
|
| 1 | | before September
30th of each year on the county impact | 2 | | incarceration program, including the
composition of the | 3 | | program by the offenders, by county of commitment, sentence,
| 4 | | age, offense, and race.
| 5 | | (Source: P.A. 89-587, eff. 7-31-96.)
|
|