Bill Text: IL HB3754 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Unified Code of Corrections. Provides that in a county with more than 3,000,000 inhabitants, the Sheriff may establish a county impact incarceration program without the approval of the County Board of Commissioners. Provides that a person charged with a felony may be admitted into the program. Permits certain violent offenders to participate in the program. Excludes persons convicted of escape or aiding escape from eligibility for the program. Provides that the county impact incarceration program may (rather than shall) include, among other matters, vocational training, education, counseling, substance abuse counseling, life skills training, mandatory physical training and labor, military formation and drills, regimented activities, and uniformity of dress and appearance. Provides that the mandatory term of monitored release a person shall serve may be reduced by the accumulation of good time or pre-trial detention, up to 120 days. Provides that offenders who are charged with eligible offenses may be ordered to the custodial period of the county impact incarceration program. Provides that if the offender is convicted of the eligible offense, the court may sentence the offender to the remaining days required to complete a total participation period of 120 to 180 days and the mandatory term of monitored release.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2017-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB3754 Detail]

Download: Illinois-2017-HB3754-Engrossed.html



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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 5-8-1.2 as follows:
6 (730 ILCS 5/5-8-1.2)
7 Sec. 5-8-1.2. County impact incarceration.
8 (a) Legislative intent. It is the finding of the General
9Assembly that certain non-violent offenders eligible for
10sentences of incarceration may benefit from the rehabilitative
11aspects of a county impact incarceration program to improve the
12prospects of successful re-entry into society. It is the intent
13of the General Assembly that such programs be implemented as
14provided by this Section. This Section shall not be construed
15to allow violent offenders to participate in a county impact
16incarceration program.
17 (b) The Under the direction of the Sheriff and with the
18approval of the County Board of Commissioners, the Sheriff, in
19any county with more than 3,000,000 inhabitants, may establish
20and operate a county impact incarceration program for eligible
21offenders. If the court finds under Section 5-4-1 that an
22offender convicted of or charged with a felony meets the
23eligibility requirements of the Sheriff's county impact

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1incarceration program, the court may sentence or order the
2offender to the county impact incarceration program. The
3Sheriff shall be responsible for monitoring all offenders who
4are sentenced to the county impact incarceration program,
5including the mandatory period of monitored release following
6the 120 to 180 days of impact incarceration. Offenders assigned
7to the county impact incarceration program under an
8intergovernmental agreement between the county and the
9Illinois Department of Corrections are exempt from the
10provisions of this mandatory period of monitored release. In
11the event the offender is not accepted for placement in the
12county impact incarceration program, the court shall proceed to
13sentence the offender to any other disposition authorized by
14this Code. If the offender does not successfully complete the
15program, the offender's failure to do so shall constitute a
16violation of the sentence to the county impact incarceration
17program.
18 (c) In order to be eligible to be sentenced to or ordered
19to a county impact incarceration program by the court, the
20person shall meet all of the following requirements:
21 (1) The the person must be not less than 17 years of
22 age nor more than 35 years of age. ;
23 (2) The person has not previously participated in the
24 county impact incarceration program and has not previously
25 served more than one prior sentence of imprisonment for a
26 felony in an adult correctional facility. ;

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1 (3) The person has not been convicted of a Class X
2 felony, first or second degree murder, armed violence,
3 aggravated kidnapping, criminal sexual assault, aggravated
4 criminal sexual abuse or a subsequent conviction for
5 criminal sexual abuse, escape, aiding escape, forcible
6 detention, or arson and has not been convicted previously
7 of any of those offenses.
8 (4) The person has been found in violation of probation
9 for an offense that is a Class 2, 3, or 4 felony that is not
10 a forcible felony as defined in Section 2-8 of the Criminal
11 Code of 2012 or a violent crime as defined in subsection
12 (c) of Section 3 of the Rights of Crime Victims and
13 Witnesses Act who otherwise could be sentenced to a term of
14 incarceration; or the person is convicted of an offense
15 that is a Class 2, 3, or 4 felony that is not a forcible
16 felony as defined in Section 2-8 of the Criminal Code of
17 2012 or a violent crime as defined in subsection (c) of
18 Section 3 of the Rights of Crime Victims and Witnesses Act,
19 except burglary or robbery, who has previously served a
20 sentence of probation for any felony offense and who
21 otherwise could be sentenced to a term of incarceration.
22 (5) The person must be physically able to participate
23 in strenuous physical activities or labor, as determined by
24 the Sheriff.
25 (6) The person must not have any mental disorder or
26 disability that would prevent participation in a county

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1 impact incarceration program, as determined by the
2 Sheriff.
3 (7) The person was recommended and approved for
4 placement in the county impact incarceration program by the
5 Sheriff and consented in writing to participation in the
6 county impact incarceration program and to the terms and
7 conditions of the program. The Sheriff may consider, among
8 other matters, whether the person has any outstanding
9 detainers or warrants, whether the person has a history of
10 escaping or absconding, whether participation in the
11 county impact incarceration program may pose a risk to the
12 safety or security of any person and whether space is
13 available.
14 (c-5) (c) The county impact incarceration program may shall
15include, among other matters, vocational training, education,
16counseling, substance abuse counseling, life skills training,
17mandatory physical training and labor, military formation and
18drills, regimented activities, and uniformity of dress and
19appearance, 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
24restricted, notwithstanding provisions to the contrary in this
25Code.
26 (e) The Sheriff shall issue written rules and requirements

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1for the program. Persons shall be informed of rules of behavior
2and conduct. Persons participating in the county impact
3incarceration program shall adhere to all rules and all
4requirements of the program.
5 (f) Participation in the county impact incarceration
6program shall be for a period of 120 to 180 days followed by a
7mandatory term of monitored release for at least 8 months and
8no more than 12 months supervised by the Sheriff. The period of
9incarceration time a person shall serve in the impact
10incarceration program shall not be reduced by the accumulation
11of good time. The mandatory term of monitored release a person
12shall serve may be reduced by the accumulation of good time or
13pre-trial detention, up to 120 days. The court may also
14sentence the person to a period of probation to commence at the
15successful completion of the county impact incarceration
16program.
17 (f-5) Offenders who are charged with eligible offenses may
18be ordered to the custodial period of the county impact
19incarceration program. If the offender is convicted of the
20eligible offense, the court may sentence the offender to the
21remaining days required to complete a total participation
22period of 120 to 180 days and the mandatory term of monitored
23release.
24 (g) If the person successfully completes the county impact
25incarceration program, the Sheriff shall certify the person's
26successful completion of the program to the court and to the

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1county's State's Attorney. Upon successful completion of the
2county impact incarceration program and mandatory term of
3monitored release and if there is an additional period of
4probation given, the person shall at that time begin his or her
5probationary sentence under the supervision of the Adult
6Probation Department.
7 (h) A person may be removed from the county impact
8incarceration program for a violation of the terms or
9conditions of the program or in the event he or she is for any
10reason unable to participate. The failure to complete the
11program for any reason, including the 8 to 12 month monitored
12release period, shall be deemed a violation of the county
13impact incarceration sentence. The Sheriff shall give notice to
14the State's Attorney of the person's failure to complete the
15program. The Sheriff shall file a petition for violation of the
16county impact incarceration sentence with the court and the
17State's Attorney may proceed on the petition under Section
185-6-4 of this Code. The Sheriff shall promulgate rules and
19regulations governing conduct which could result in removal
20from the program or in a determination that the person has not
21successfully completed the program.
22 The mandatory conditions of every county impact
23incarceration sentence shall include that the person either
24while in the program or during the period of monitored release:
25 (1) not violate any criminal statute of any
26 jurisdiction;

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1 (2) report or appear in person before any such person
2 or agency as directed by the court or the Sheriff;
3 (3) refrain from possessing a firearm or other
4 dangerous weapon;
5 (4) not leave the State without the consent of the
6 court or, in circumstances in which the reason for the
7 absence is of such an emergency nature that prior consent
8 by the court is not possible, without the prior
9 notification and approval of the Sheriff; and
10 (5) permit representatives of the Sheriff to visit at
11 the person's home or elsewhere to the extent necessary for
12 the Sheriff to monitor compliance with the program. Persons
13 shall have access to such rules, which shall provide that a
14 person shall receive notice of any such violation.
15 (i) The Sheriff may terminate the county impact
16incarceration program at any time.
17 (j) The Sheriff shall report to the county board on or
18before September 30th of each year on the county impact
19incarceration program, including the composition of the
20program by the offenders, by county of commitment, sentence,
21age, offense, and race.
22(Source: P.A. 97-1150, eff. 1-25-13; revised 10-5-16.)
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