|
| | HB3168 Engrossed | | LRB101 08304 SLF 53372 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 5-8-1.1 as follows:
|
| 6 | | (730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1)
|
| 7 | | Sec. 5-8-1.1. Impact incarceration.
|
| 8 | | (a) The Department may establish
and operate an impact |
| 9 | | incarceration
program for eligible offenders. If the court |
| 10 | | finds under
Section 5-4-1 that
an offender sentenced to a term |
| 11 | | of imprisonment for a felony may meet the
eligibility |
| 12 | | requirements of the Department, the court may in its
sentencing |
| 13 | | order
approve the offender for placement in the impact |
| 14 | | incarceration program
conditioned upon his acceptance in the |
| 15 | | program by the Department.
Notwithstanding the sentencing |
| 16 | | provisions of this Code, every sentencing order shall include |
| 17 | | as though written therein a term providing that the sentencing
|
| 18 | | order also shall provide that if the Department accepts an |
| 19 | | eligible the offender in the
program and determines that the |
| 20 | | offender has successfully completed the
impact incarceration |
| 21 | | program, the sentence shall be reduced to time
considered |
| 22 | | served upon certification to the court by the Department that
|
| 23 | | the offender has successfully completed the program. In the |
|
| | HB3168 Engrossed | - 2 - | LRB101 08304 SLF 53372 b |
|
|
|
| 1 | | event the
offender is not accepted for placement in the impact |
| 2 | | incarceration program
or the offender does not successfully |
| 3 | | complete the program,
his term of imprisonment shall be as set |
| 4 | | forth by the court in its sentencing
order.
|
| 5 | | (b) In order to be eligible to participate in the impact |
| 6 | | incarceration
program, the committed person shall meet all of |
| 7 | | the following requirements:
|
| 8 | | (1) The person must be not less than 17 years of age |
| 9 | | nor more than 35 years of age.
|
| 10 | | (2) The person has not previously participated in the |
| 11 | | impact
incarceration program and has not previously served |
| 12 | | more than one
prior sentence of imprisonment for a felony |
| 13 | | in an adult correctional
facility.
|
| 14 | | (3) The person has not been convicted of a Class X |
| 15 | | felony,
first or
second degree murder, armed violence, |
| 16 | | aggravated kidnapping, criminal
sexual assault, aggravated |
| 17 | | criminal sexual abuse or a subsequent conviction for
|
| 18 | | criminal sexual abuse, forcible detention, residential |
| 19 | | arson, place of
worship arson, or arson and has not
been |
| 20 | | convicted previously of any of those offenses.
|
| 21 | | (4) The person has been sentenced to a term of |
| 22 | | imprisonment of 8
years or less.
|
| 23 | | (5) The person must be physically able to participate |
| 24 | | in strenuous
physical activities or labor.
|
| 25 | | (6) The person must not have any mental disorder or |
| 26 | | disability that
would prevent participation in the impact |
|
| | HB3168 Engrossed | - 3 - | LRB101 08304 SLF 53372 b |
|
|
|
| 1 | | incarceration program.
|
| 2 | | (7) The person has consented in writing to |
| 3 | | participation in the impact
incarceration program and to |
| 4 | | the terms and conditions thereof.
|
| 5 | | (7.1) The court's sentencing order did not explicitly |
| 6 | | disapprove of impact incarceration for the person.
|
| 7 | | (8) (Blank). The person was recommended and approved |
| 8 | | for placement in the
impact incarceration
program in the |
| 9 | | court's sentencing order.
|
| 10 | | The Department may also consider, among other matters, |
| 11 | | whether the
committed person has any outstanding detainers or |
| 12 | | warrants, whether the
committed person has a history of |
| 13 | | escaping or absconding, whether
participation in the impact |
| 14 | | incarceration program may pose a risk to the
safety or security |
| 15 | | of any person and whether space is available.
|
| 16 | | (c) The impact incarceration program shall include, among |
| 17 | | other matters,
mandatory physical training and labor, military |
| 18 | | formation and drills,
regimented activities, uniformity of |
| 19 | | dress and 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 restricted, |
| 24 | | notwithstanding provisions to the contrary in this Code.
|
| 25 | | (e) Committed persons participating in the impact |
| 26 | | incarceration program
shall adhere to all Department rules and |
|
| | HB3168 Engrossed | - 4 - | LRB101 08304 SLF 53372 b |
|
|
|
| 1 | | all requirements of the program.
Committed persons shall be |
| 2 | | informed of rules of behavior and conduct.
Disciplinary |
| 3 | | procedures required by this Code or by Department rule are not
|
| 4 | | applicable except in those instances in which the Department |
| 5 | | seeks to revoke good time.
|
| 6 | | (f) Participation in the impact incarceration program |
| 7 | | shall be for a
period of 120 to 180 days. The period of time a |
| 8 | | committed person shall
serve in the impact incarceration |
| 9 | | program shall not be reduced by the
accumulation of good time.
|
| 10 | | (g) The committed person shall serve a term of mandatory |
| 11 | | supervised
release as set forth in subsection (d) of Section |
| 12 | | 5-8-1.
|
| 13 | | (h) A committed person may be removed from the program for |
| 14 | | a violation
of the terms or conditions of the program or in the |
| 15 | | event he is for any
reason unable to participate. The |
| 16 | | Department shall promulgate rules and
regulations governing |
| 17 | | conduct which could result in removal from the
program or in a |
| 18 | | determination that the committed person has not
successfully |
| 19 | | completed the program. Committed persons shall have access to
|
| 20 | | such rules, which shall provide that a committed person shall |
| 21 | | receive
notice and have the opportunity to appear before and |
| 22 | | address one or more
hearing officers. A committed person may be |
| 23 | | transferred to any of the
Department's facilities prior to the |
| 24 | | hearing.
|
| 25 | | (i) The Department may terminate the impact incarceration |
| 26 | | program at any
time.
|
|
| | HB3168 Engrossed | - 5 - | LRB101 08304 SLF 53372 b |
|
|
|
| 1 | | (j) The Department shall report to the Governor and the |
| 2 | | General Assembly
on or before September 30th of each year on |
| 3 | | the impact incarceration
program, including the composition of |
| 4 | | the program by the offenders, by
county of commitment, |
| 5 | | sentence, age, offense and race.
|
| 6 | | (k) The Department of Corrections shall consider the |
| 7 | | affirmative
action plan approved by the Department of Human |
| 8 | | Rights in hiring staff at
the impact incarceration facilities.
|
| 9 | | (Source: P.A. 97-800, eff. 7-13-12.)
|