Bill Text: IL SB1861 | 2021-2022 | 102nd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Unified Code of Corrections. In a provision concerning impact incarceration, deletes references to "incarceration". Provides that to participate in the program, the person must be physically able to participate in physical activities (rather than strenuous physical activities or labor). Provides that the program shall include community service activities, cognitive behavioral programming, life skills, and reentry planning, in addition to other requirements. Deletes certain program requirements including mandatory physical training and labor, military formation and drills, regimented activities, and uniformity of dress and appearance. Extends the participation period from a range of 120 to 180 days to a range of one year to 18 months. Provides that a committed person shall not have the time required to successfully complete the program extended beyond the maximum 18 month period of participation. Provides that the Department of Corrections shall advocate for the impact program and the Department may identify candidates for participation in the program that were not previously recommended and formally submit the names to the State's Attorney of the committing county.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-08-27 - Public Act . . . . . . . . . 102-0629 [SB1861 Detail]

Download: Illinois-2021-SB1861-Engrossed.html

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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 5-8-1.1 as follows:
(730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1)
Sec. 5-8-1.1. Impact incarceration.
(a) The Department may establish and operate an impact
incarceration program for eligible offenders. If the court
finds under Section 5-4-1 that an offender sentenced to a term
of imprisonment for a felony may meet the eligibility
requirements of the Department, the court may in its
sentencing order approve the offender for placement in the
impact incarceration program and the Department shall accept
the offender in the program conditioned upon his acceptance in
the program by the Department. Notwithstanding the sentencing
provisions of this Code, the sentencing order also shall
provide that if the Department accepts the offender in the
program and determines that the offender has successfully
completed the impact incarceration program, the sentence shall
be reduced to time considered served upon certification to the
court by the Department that the offender has successfully
completed the program. In the event the offender is not

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accepted for placement in the impact incarceration program or
the offender does not successfully complete the program, the
offender's his term of imprisonment shall be as set forth by
the court in its sentencing order.
(b) In order to be eligible to participate in the impact
incarceration program, the committed 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
impact incarceration program and has not previously served
more than one prior sentence of imprisonment for a felony
in an adult correctional facility.
(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, forcible detention, residential
arson, place of worship arson, or arson and has not been
convicted previously of any of those offenses.
(4) The person has been sentenced to a term of
imprisonment of 8 years or less.
(5) The person must be physically able to participate
in strenuous physical activities or labor.
(6) The person must not have any mental disorder or
disability that would prevent participation in the impact

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incarceration program.
(7) The person has consented in writing to
participation in the impact incarceration program and to
the terms and conditions thereof.
(8) The person was recommended and approved for
placement in the impact incarceration program in the
court's sentencing order.
The court Department may also consider, among other
matters, whether the committed person has any outstanding
detainers or warrants, whether the committed person has a
history of escaping or absconding, whether participation in
the impact incarceration program may pose a risk to the safety
or security of any person and whether space is available.
(c) The impact incarceration program shall include, among
other matters, mandatory physical training and labor, military
formation and drills, regimented activities, 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.
(e) Committed persons participating in the impact
incarceration program shall adhere to all Department rules and
all requirements of the program. Committed persons shall be

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

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