730 ILCS 5/5-8-1.2
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter V - Sentencing

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.  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) 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 a felony meets the eligibility requirements of the  Sheriff's county impact incarceration program, the court may sentence 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 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     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, 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 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.(6) The person must not have any mental disorder or     disability that would prevent participation in a county impact incarceration program.(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 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) 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 time a person shall serve in the impact incarceration program  shall not be reduced by the accumulation of good time.  The court may also  sentence the person to a period of probation to commence at the successful  completion of the county impact incarceration program.(g) If the person successfully completes the county impact incarceration  program, the Sheriff shall certify the person's 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:(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.)