Bill Text: IL HB3168 | 2019-2020 | 101st General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Unified Code of Corrections. Provides that in felony cases, the presentence report shall include information concerning defendant's eligibility for a sentence to an impact incarceration program administered by the Department of Corrections. Provides that the court shall make a specific finding about whether the defendant is eligible for participation in a Department impact incarceration program, and if not, provide an explanation as to why a sentence to impact incarceration is not an appropriate sentence.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-07-19 - Public Act . . . . . . . . . 101-0105 [HB3168 Detail]
Download: Illinois-2019-HB3168-Introduced.html
Bill Title: Amends the Unified Code of Corrections. Provides that in felony cases, the presentence report shall include information concerning defendant's eligibility for a sentence to an impact incarceration program administered by the Department of Corrections. Provides that the court shall make a specific finding about whether the defendant is eligible for participation in a Department impact incarceration program, and if not, provide an explanation as to why a sentence to impact incarceration is not an appropriate sentence.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-07-19 - Public Act . . . . . . . . . 101-0105 [HB3168 Detail]
Download: Illinois-2019-HB3168-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | |||||||||||||||||||
5 | changing Section 5-8-1.1 as follows:
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6 | (730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1)
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7 | Sec. 5-8-1.1. Impact incarceration.
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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
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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
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23 | the offender has successfully completed the program . In the |
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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.
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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:
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8 | (1) The person must be not less than 17 years of age | ||||||
9 | nor more than 35 years of age.
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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.
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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
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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.
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21 | (4) The person has been sentenced to a term of | ||||||
22 | imprisonment of 8
years or less.
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23 | (5) The person must be physically able to participate | ||||||
24 | in strenuous
physical activities or labor.
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25 | (6) The person must not have any mental disorder or | ||||||
26 | disability that
would prevent participation in the impact |
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1 | incarceration program.
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2 | (7) The person has consented in writing to | ||||||
3 | participation in the impact
incarceration program and to | ||||||
4 | the terms and conditions thereof.
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5 | (7.1) The court's sentencing order did not explicitly | ||||||
6 | disapprove of impact incarceration for the person.
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7 | (8) (Blank). The person was recommended and approved | ||||||
8 | for placement in the
impact incarceration
program in the | ||||||
9 | court's sentencing order.
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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.
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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.
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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.
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25 | (e) Committed persons participating in the impact | ||||||
26 | incarceration program
shall adhere to all Department rules and |
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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
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4 | applicable except in those instances in which the Department | ||||||
5 | seeks to revoke good time.
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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.
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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.
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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
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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.
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25 | (i) The Department may terminate the impact incarceration | ||||||
26 | program at any
time.
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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.
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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.
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9 | (Source: P.A. 97-800, eff. 7-13-12.)
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