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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3364 Introduced 2/14/2014, by Sen. William E. Brady SYNOPSIS AS INTRODUCED:
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Amends the Unified Code of Corrections. Provides that a person may not participate in a county impact incarceration program unless the sentencing judge, State's Attorney, and Sheriff certify in writing that the person sentenced to the program meets the eligibility requirements set forth in the statute establishing the program. Effective immediately.
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| | A BILL FOR |
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| | SB3364 | | LRB098 15136 RLC 50111 b |
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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 5-8-1.2 as follows:
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| 6 | | (730 ILCS 5/5-8-1.2)
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| 7 | | Sec. 5-8-1.2. County impact incarceration.
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| 8 | | (a) Legislative intent. It is the finding of the General |
| 9 | | Assembly that
certain non-violent offenders eligible for |
| 10 | | sentences of incarceration may
benefit from the rehabilitative |
| 11 | | aspects of a county impact incarceration
program. It is the |
| 12 | | intent of the General Assembly that such programs be
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| 13 | | implemented as provided by this Section. This Section shall not |
| 14 | | be construed
to allow violent offenders to participate in a |
| 15 | | county impact incarceration
program.
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| 16 | | (b) Under the direction of the Sheriff and with the |
| 17 | | approval of the County
Board of Commissioners, the Sheriff, in |
| 18 | | any county with more than 3,000,000
inhabitants, may establish |
| 19 | | and operate a county impact incarceration program
for eligible |
| 20 | | offenders. If the court finds under Section 5-4-1 that an
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| 21 | | offender convicted of a felony meets the eligibility |
| 22 | | requirements of the
Sheriff's county impact incarceration |
| 23 | | program, the court may sentence the
offender to the county |
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| 1 | | impact incarceration program. The Sheriff shall be
responsible |
| 2 | | for monitoring all offenders who are sentenced to the county |
| 3 | | impact
incarceration program, including the mandatory period |
| 4 | | of monitored release
following the 120 to 180 days of impact |
| 5 | | incarceration.
Offenders assigned to the county impact |
| 6 | | incarceration program under an
intergovernmental agreement |
| 7 | | between the county and the Illinois Department of
Corrections |
| 8 | | are exempt from the provisions of this mandatory period of
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| 9 | | monitored
release.
In the event the
offender is not accepted |
| 10 | | for placement in the county impact incarceration
program, the |
| 11 | | court shall proceed to sentence the offender to any other
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| 12 | | disposition authorized by this Code.
If the offender does not |
| 13 | | successfully
complete the program, the offender's failure to do |
| 14 | | so shall constitute a
violation of the sentence to the county |
| 15 | | impact incarceration program.
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| 16 | | (c) In order to be eligible to be sentenced to a county |
| 17 | | impact incarceration
program by the court, the person shall |
| 18 | | meet all of the following requirements:
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| 19 | | (1) the person must be not less than 17 years of age |
| 20 | | nor more than 35
years of age;
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| 21 | | (2) The person has not previously participated in the |
| 22 | | impact incarceration
program and has not previously served |
| 23 | | more than one prior sentence of
imprisonment for a felony |
| 24 | | in an adult correctional facility;
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| 25 | | (3) The person has not been convicted of a Class X |
| 26 | | felony, first or second
degree murder, armed violence, |
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| | SB3364 | - 3 - | LRB098 15136 RLC 50111 b |
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| 1 | | aggravated kidnapping, criminal sexual assault,
aggravated |
| 2 | | criminal sexual abuse or a subsequent conviction for |
| 3 | | criminal sexual
abuse, forcible detention, or arson and has |
| 4 | | not been convicted previously of
any of those offenses.
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| 5 | | (4) The person has been found in violation of probation |
| 6 | | for an offense
that is a Class 2, 3, or 4 felony that is not |
| 7 | | a forcible felony as defined in
Section 2-8 of the Criminal |
| 8 | | Code of 2012 or a violent crime as defined in
subsection |
| 9 | | (c) of Section 3 of the Rights of Crime Victims and |
| 10 | | Witnesses Act
who
otherwise could be sentenced to a term of |
| 11 | | incarceration; or the person is
convicted of an offense |
| 12 | | that is a Class 2, 3, or 4 felony that is not a
forcible |
| 13 | | felony as defined in Section 2-8 of the Criminal Code of |
| 14 | | 2012 or a
violent crime as defined in subsection (c) of |
| 15 | | Section 3 of the Rights of Crime
Victims and Witnesses Act |
| 16 | | who has previously served a sentence of probation for
any |
| 17 | | felony offense and who otherwise could be sentenced to a |
| 18 | | term of
incarceration.
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| 19 | | (5) The person must be physically able to participate |
| 20 | | in strenuous
physical
activities or labor.
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| 21 | | (6) The person must not have any mental disorder or |
| 22 | | disability that would
prevent participation in a county |
| 23 | | impact incarceration program.
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| 24 | | (7) The person was recommended and approved for |
| 25 | | placement in the county
impact incarceration program by the |
| 26 | | Sheriff and consented in writing to
participation in the |
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| 1 | | county impact incarceration program and to the terms and
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| 2 | | conditions of the program. The Sheriff may consider, among |
| 3 | | other matters,
whether the
person has any outstanding |
| 4 | | detainers or warrants, whether the person has a
history of |
| 5 | | escaping or absconding, whether participation in the
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| 6 | | county impact incarceration program may pose
a risk to the |
| 7 | | safety or security of any person and whether space is
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| 8 | | available.
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| 9 | | (c-1) A person may not participate in a county impact |
| 10 | | incarceration program unless the sentencing judge, State's |
| 11 | | Attorney, and Sheriff certify in writing that the person |
| 12 | | sentenced to the program meets the eligibility requirements set |
| 13 | | forth in subsection (c) of this Section. |
| 14 | | (c-5) (c) The county impact incarceration program shall |
| 15 | | include, among other
matters, mandatory physical training and |
| 16 | | labor, military formation and drills,
regimented activities, |
| 17 | | uniformity of dress and appearance, education and
counseling, |
| 18 | | including drug counseling where appropriate.
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| 19 | | (d) Privileges including visitation, commissary, receipt |
| 20 | | and retention of
property and publications and access to |
| 21 | | television, radio, and a library may be
suspended or |
| 22 | | restricted, notwithstanding provisions to the contrary in this
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| 23 | | Code.
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| 24 | | (e) The Sheriff shall issue written rules and requirements |
| 25 | | for the program.
Persons shall be informed of rules of behavior |
| 26 | | and conduct. Persons
participating in the county impact |
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| 1 | | incarceration program shall adhere to all
rules and all |
| 2 | | requirements of the program.
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| 3 | | (f) Participation in the county impact incarceration |
| 4 | | program shall be for a
period of 120 to 180 days followed by a |
| 5 | | mandatory term of monitored release
for at least 8 months and |
| 6 | | no more than 12 months supervised by the Sheriff.
The period of |
| 7 | | time a person shall serve in the impact incarceration program
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| 8 | | shall not be reduced by the accumulation of good time. The |
| 9 | | court may also
sentence the person to a period of probation to |
| 10 | | commence at the successful
completion of the county impact |
| 11 | | incarceration program.
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| 12 | | (g) If the person successfully completes the county impact |
| 13 | | incarceration
program, the Sheriff shall certify the person's |
| 14 | | successful completion of the
program to the court and to the |
| 15 | | county's State's Attorney. Upon successful
completion of the |
| 16 | | county impact incarceration program and mandatory
term of |
| 17 | | monitored release and if there is an additional period of |
| 18 | | probation
given, the person shall at that time begin his or her |
| 19 | | probationary sentence
under the supervision of the Adult |
| 20 | | Probation Department.
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| 21 | | (h) A person may be removed from the county impact |
| 22 | | incarceration program for
a violation of the terms or
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| 23 | | conditions of the program or in the event he or she is for any |
| 24 | | reason unable to
participate. The failure to complete the |
| 25 | | program for any reason, including the
8 to 12 month monitored |
| 26 | | release period, shall be deemed a violation of the
county |
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| 1 | | impact incarceration sentence. The Sheriff shall give notice to |
| 2 | | the
State's Attorney of the person's failure to complete the |
| 3 | | program. The Sheriff
shall file a petition for violation of the |
| 4 | | county impact incarceration sentence
with the court and the |
| 5 | | State's Attorney may proceed on the petition under
Section |
| 6 | | 5-6-4 of this Code. The Sheriff shall promulgate rules and |
| 7 | | regulations
governing conduct which could result in removal |
| 8 | | from the program or in a
determination that the person has not |
| 9 | | successfully completed the program.
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| 10 | | The mandatory conditions of every county impact |
| 11 | | incarceration sentence
shall
include that the person either |
| 12 | | while in the program or during the period of
monitored release:
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| 13 | | (1) not violate any criminal statute of any |
| 14 | | jurisdiction;
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| 15 | | (2) report or appear in person before any such person |
| 16 | | or agency as
directed by the court or the Sheriff;
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| 17 | | (3) refrain from possessing a firearm or other |
| 18 | | dangerous weapon;
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| 19 | | (4) not leave the State without the consent of the |
| 20 | | court or, in
circumstances in which the reason for the |
| 21 | | absence is of such an emergency
nature that prior consent |
| 22 | | by the court is not possible, without the prior
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| 23 | | notification and approval of the Sheriff; and
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| 24 | | (5) permit representatives of the Sheriff to visit at |
| 25 | | the person's home or
elsewhere to the extent necessary for |
| 26 | | the Sheriff to monitor compliance with
the program. Persons |
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| 1 | | shall have access to such rules, which shall provide that
a |
| 2 | | person shall receive notice of any such violation.
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| 3 | | (i) The Sheriff may terminate the county impact |
| 4 | | incarceration program at
any time.
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| 5 | | (j) The Sheriff shall report to the county board on or |
| 6 | | before September
30th of each year on the county impact |
| 7 | | incarceration program, including the
composition of the |
| 8 | | program by the offenders, by county of commitment, sentence,
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| 9 | | age, offense, and race.
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| 10 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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| 11 | | Section 99. Effective date. This Act takes effect upon |
| 12 | | becoming law.
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