HB3168 EngrossedLRB101 08304 SLF 53372 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5changing 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
9incarceration program for eligible offenders. If the court
10finds under Section 5-4-1 that an offender sentenced to a term
11of imprisonment for a felony may meet the eligibility
12requirements of the Department, the court may in its sentencing
13order approve the offender for placement in the impact
14incarceration program conditioned upon his acceptance in the
15program by the Department. Notwithstanding the sentencing
16provisions of this Code, every sentencing order shall include
17as though written therein a term providing that the sentencing
18order also shall provide that if the Department accepts an
19eligible the offender in the program and determines that the
20offender has successfully completed the impact incarceration
21program, the sentence shall be reduced to time considered
22served upon certification to the court by the Department that
23the offender has successfully completed the program. In the

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1event the offender is not accepted for placement in the impact
2incarceration program or the offender does not successfully
3complete the program, his term of imprisonment shall be as set
4forth by the court in its sentencing order.
5 (b) In order to be eligible to participate in the impact
6incarceration program, the committed person shall meet all of
7the 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

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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,
11whether the committed person has any outstanding detainers or
12warrants, whether the committed person has a history of
13escaping or absconding, whether participation in the impact
14incarceration program may pose a risk to the safety or security
15of any person and whether space is available.
16 (c) The impact incarceration program shall include, among
17other matters, mandatory physical training and labor, military
18formation and drills, regimented activities, uniformity of
19dress and appearance, education and counseling, including drug
20counseling where appropriate.
21 (d) Privileges including visitation, commissary, receipt
22and retention of property and publications and access to
23television, radio and a library may be suspended or restricted,
24notwithstanding provisions to the contrary in this Code.
25 (e) Committed persons participating in the impact
26incarceration program shall adhere to all Department rules and

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1all requirements of the program. Committed persons shall be
2informed of rules of behavior and conduct. Disciplinary
3procedures required by this Code or by Department rule are not
4applicable except in those instances in which the Department
5seeks to revoke good time.
6 (f) Participation in the impact incarceration program
7shall be for a period of 120 to 180 days. The period of time a
8committed person shall serve in the impact incarceration
9program shall not be reduced by the accumulation of good time.
10 (g) The committed person shall serve a term of mandatory
11supervised release as set forth in subsection (d) of Section
125-8-1.
13 (h) A committed person may be removed from the program for
14a violation of the terms or conditions of the program or in the
15event he is for any reason unable to participate. The
16Department shall promulgate rules and regulations governing
17conduct which could result in removal from the program or in a
18determination that the committed person has not successfully
19completed the program. Committed persons shall have access to
20such rules, which shall provide that a committed person shall
21receive notice and have the opportunity to appear before and
22address one or more hearing officers. A committed person may be
23transferred to any of the Department's facilities prior to the
24hearing.
25 (i) The Department may terminate the impact incarceration
26program at any time.

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1 (j) The Department shall report to the Governor and the
2General Assembly on or before September 30th of each year on
3the impact incarceration program, including the composition of
4the program by the offenders, by county of commitment,
5sentence, age, offense and race.
6 (k) The Department of Corrections shall consider the
7affirmative action plan approved by the Department of Human
8Rights in hiring staff at the impact incarceration facilities.
9(Source: P.A. 97-800, eff. 7-13-12.)