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Public Act 102-0629


 

Public Act 0629 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0629
 
SB1861 EnrolledLRB102 03999 RLC 14015 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Section 5-8-1.1 as follows:
 
    (730 ILCS 5/5-8-1.1)  (from Ch. 38, par. 1005-8-1.1)
    Sec. 5-8-1.1. Impact program incarceration.
    (a) The Department may establish and operate an impact
incarceration program for eligible offenders. If the court
finds under Section 5-4-1 that an offender sentenced to a term
of imprisonment for a felony may meet the eligibility
requirements of the Department, the court may in its
sentencing order approve the offender for placement in the
impact incarceration program conditioned upon his acceptance
in the program by the Department. Notwithstanding the
sentencing provisions of this Code, the sentencing order also
shall provide that if the Department accepts the offender in
the program and determines that the offender has successfully
completed the impact incarceration program, the sentence shall
be reduced to time considered served upon certification to the
court by the Department that the offender has successfully
completed the program. In the event the offender is not
accepted for placement in the impact incarceration program or
the offender does not successfully complete the program, his
term of imprisonment shall be as set forth by the court in its
sentencing order.
    (b) In order to be eligible to participate in the impact
incarceration program, the committed person shall meet all of
the following requirements:
        (1) The person must be not less than 17 years of age
    nor more than 35 years of age.
        (2) The person has not previously participated in an
    the impact incarceration program and has not previously
    served more than one prior sentence of imprisonment for a
    felony in an adult correctional facility.
        (3) The person has not been convicted of a Class X
    felony, first or second degree murder, armed violence,
    aggravated kidnapping, criminal sexual assault, aggravated
    criminal sexual abuse or a subsequent conviction for
    criminal sexual abuse, forcible detention, residential
    arson, place of worship arson, or arson and has not been
    convicted previously of any of those offenses.
        (4) The person has been sentenced to a term of
    imprisonment of 8 years or less.
        (5) The person must be physically able to participate
    in strenuous physical activities or labor.
        (6) The person must not have any mental disorder or
    disability that would prevent participation in the impact
    incarceration program.
        (7) The person has consented in writing to
    participation in the impact incarceration program and to
    the terms and conditions thereof.
        (8) The person was recommended and approved for
    placement in the impact incarceration program in the
    court's sentencing order.
    The Department may also consider, among other matters,
whether the committed person has any outstanding detainers or
warrants, whether the committed person has a history of
escaping or absconding, whether participation in the impact
incarceration program may pose a risk to the safety or
security of any person and whether space is available.
    (c) The impact incarceration program shall include, among
other matters, community service activities, cognitive
behavioral programming, life skills, reentry planning,
mandatory physical training and labor, military formation and
drills, regimented activities, uniformity of dress and
appearance, education and counseling, including drug
counseling where appropriate.
    (d) Privileges including visitation, commissary, receipt
and retention of property and publications and access to
television, radio and a library may be suspended or
restricted, notwithstanding provisions to the contrary in this
Code.
    (e) Committed persons participating in the impact
incarceration program shall adhere to all Department rules and
all requirements of the program. Committed persons shall be
informed of rules of behavior and conduct. Disciplinary
procedures required by this Code or by Department rule are not
applicable except in those instances in which the Department
seeks to revoke good time.
    (f) Participation in the impact incarceration program
shall be for a period of one year to eighteen months 120 to 180
days. The period of time a committed person shall serve in the
impact incarceration program shall not be reduced by the
accumulation of good time.
    (g) The committed person shall serve a term of mandatory
supervised release as set forth in subsection (d) of Section
5-8-1.
    (h) A committed person may be removed from the program for
a violation of the terms or conditions of the program or in the
event he is for any reason unable to participate. The
Department shall promulgate rules and regulations governing
conduct which could result in removal from the program, extend
the period of time a committed person must serve in the
program, or in a determination that the committed person has
not successfully completed the program. A committed person
shall not have the time required to successfully complete the
program extended beyond the maximum 18 month period of
participation identified in paragraph (f). Committed persons
shall have access to such rules, which shall provide that a
committed person shall receive notice and have the opportunity
to appear before and address one or more hearing officers. A
committed person may be transferred to any of the Department's
facilities prior to the hearing.
    (i) The Department may terminate the impact incarceration
program at any time.
    (j) The Department shall report to the Governor and the
General Assembly on or before September 30th of each year on
the impact incarceration program, including the composition of
the program by the offenders, by county of commitment,
sentence, age, offense and race.
    (k) The Department of Corrections shall consider the
affirmative action plan approved by the Department of Human
Rights in hiring staff at the impact incarceration facilities.
    (l) The Department of Corrections shall advocate for the
impact program. The Department may identify candidates for
participation in the program that were not previously
recommended and formally submit the names to the State's
Attorney of the committing county.
(Source: P.A. 97-800, eff. 7-13-12.)

Effective Date: 1/1/2022