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| Public Act 102-0629 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Section 5-8-1.1 as follows:
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(730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1)
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Sec. 5-8-1.1. Impact program incarceration.
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(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
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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.
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(b) In order to be eligible to participate in the impact | ||
incarceration
program, the committed person shall meet all of | ||
the following requirements:
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(1) The person must be not less than 17 years of age | ||
nor more than 35 years of age.
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(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.
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(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
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criminal sexual abuse, forcible detention, residential | ||
arson, place of
worship arson, or arson and has not
been | ||
convicted previously of any of those offenses.
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(4) The person has been sentenced to a term of | ||
imprisonment of 8
years or less.
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(5) The person must be physically able to participate | ||
in strenuous
physical activities or labor.
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(6) The person must not have any mental disorder or | ||
disability that
would prevent participation in the impact | ||
incarceration program.
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(7) The person has consented in writing to | ||
participation in the impact
incarceration program and to | ||
the terms and conditions thereof.
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(8) The person was recommended and approved for | ||
placement in the
impact incarceration
program in the | ||
court's sentencing order.
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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.
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(c) The impact incarceration program shall include, among | ||
other matters, community service activities, cognitive | ||
behavioral programming, life skills, reentry planning,
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mandatory physical training and labor, military formation and | ||
drills,
regimented activities, uniformity of dress and | ||
appearance, education and
counseling, including drug | ||
counseling where appropriate.
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(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.
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(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
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applicable except in those instances in which the Department | ||
seeks to revoke good time.
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(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
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accumulation of good time.
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(g) The committed person shall serve a term of mandatory | ||
supervised
release as set forth in subsection (d) of Section | ||
5-8-1.
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(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.
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(i) The Department may terminate the impact incarceration | ||
program at any
time.
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(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.
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(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.
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(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.)
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