Bill Text: IL HB5211 | 2021-2022 | 102nd General Assembly | Introduced

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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 1-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB5211 Detail]

Download: Illinois-2021-HB5211-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5211 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-8-1.2
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.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 5-8-1.2 as follows:
(730 ILCS 5/5-8-1.2)
Sec. 5-8-1.2. County impact incarceration.
(a) Legislative intent. It is the finding of the General
Assembly that certain non-violent offenders eligible for
sentences of incarceration may benefit from the rehabilitative
aspects of a county impact incarceration program to improve
the prospects of successful re-entry into society. It is the
intent of the General Assembly that such programs be
implemented as provided by this Section. This Section shall
not be construed to allow violent offenders to participate in
a county impact incarceration program.
(b) The Under the direction of the Sheriff and with the
approval of the County Board of Commissioners, the Sheriff, in
any county with more than 3,000,000 inhabitants, may establish
and operate a county impact incarceration program for eligible
offenders. If the court finds under Section 5-4-1 that an
offender convicted of or charged with a felony meets the
eligibility requirements of the Sheriff's county impact

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incarceration program, the court may sentence or order the
offender to the county impact incarceration program. The
Sheriff shall be responsible for monitoring all offenders who
are sentenced to the county impact incarceration program,
including the mandatory period of monitored release following
the 120 to 180 days of impact incarceration. Offenders
assigned to the county impact incarceration program under an
intergovernmental agreement between the county and the
Illinois Department of Corrections are exempt from the
provisions of this mandatory period of monitored release. In
the event the offender is not accepted for placement in the
county impact incarceration program, the court shall proceed
to sentence the offender to any other disposition authorized
by this Code. If the offender does not successfully complete
the program, the offender's failure to do so shall constitute
a violation of the sentence to the county impact incarceration
program.
(c) In order to be eligible to be sentenced to or ordered
to a county impact incarceration program by the court, the
person shall meet all of the following requirements:
(1) The person must be not less than 17 years of age
nor more than 35 years of age.
(2) The person has not previously participated in the
county 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
criminal sexual abuse, escape, aiding escape, forcible
detention, or arson and has not been convicted previously
of any of those offenses.
(4) The person has been found in violation of
probation for an offense that is a Class 2, 3, or 4 felony
that is not a forcible felony as defined in Section 2-8 of
the Criminal Code of 2012 or a violent crime as defined in
subsection (c) of Section 3 of the Rights of Crime Victims
and Witnesses Act who otherwise could be sentenced to a
term of incarceration; or the person is convicted of an
offense that is a Class 2, 3, or 4 felony that is not a
forcible felony as defined in Section 2-8 of the Criminal
Code of 2012 or a violent crime as defined in subsection
(c) of Section 3 of the Rights of Crime Victims and
Witnesses Act, except burglary or robbery, who has
previously served a sentence of probation for any felony
offense and who otherwise could be sentenced to a term of
incarceration.
(5) The person must be physically able to participate
in strenuous physical activities or labor, as determined
by the Sheriff.
(6) The person must not have any mental disorder or

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disability that would prevent participation in a county
impact incarceration program, as determined by the
Sheriff.
(7) The person was recommended and approved for
placement in the county impact incarceration program by
the Sheriff and consented in writing to participation in
the county impact incarceration program and to the terms
and conditions of the program. The Sheriff may consider,
among other matters, whether the person has any
outstanding detainers or warrants, whether the person has
a history of escaping or absconding, whether participation
in the county impact incarceration program may pose a risk
to the safety or security of any person and whether space
is available.
(c-5) The county impact incarceration program may 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, education and counseling, including drug
counseling where appropriate.
(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) The Sheriff shall issue written rules and requirements
for the program. Persons shall be informed of rules of
behavior and conduct. Persons participating in the county
impact incarceration program shall adhere to all rules and all
requirements of the program.
(f) Participation in the county impact incarceration
program shall be for a period of 120 to 180 days followed by a
mandatory term of monitored release for at least 8 months and
no more than 12 months supervised by the Sheriff. The period of
incarceration time a person shall serve in the impact
incarceration program shall not be reduced by the accumulation
of good time. 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. The court may also
sentence the person to a period of probation to commence at the
successful completion of the county impact incarceration
program.
(f-5) Offenders who are charged with eligible offenses may
be ordered to the custodial period of the county impact
incarceration program. 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.
(g) If the person successfully completes the county impact
incarceration program, the Sheriff shall certify the person's

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

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(1) not violate any criminal statute of any
jurisdiction;
(2) report or appear in person before any such person
or agency as directed by the court or the Sheriff;
(3) refrain from possessing a firearm or other
dangerous weapon;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the Sheriff; and
(5) permit representatives of the Sheriff to visit at
the person's home or elsewhere to the extent necessary for
the Sheriff to monitor compliance with the program.
Persons shall have access to such rules, which shall
provide that a person shall receive notice of any such
violation.
(i) The Sheriff may terminate the county impact
incarceration program at any time.
(j) The Sheriff shall report to the county board on or
before September 30th of each year on the county impact
incarceration program, including the composition of the
program by the offenders, by county of commitment, sentence,
age, offense, and race.
(Source: P.A. 100-201, eff. 8-18-17.)