The Boot Camp Programs

The legislature has set up two different programs, State Boot Camp and County Boot Camp.

State Boot Camp (Impact Incarceration 730 Ilcs 5/5-8-1.1)

If a defendant meets the eligibility requirements set forth in the statute the court may in its sentencing order recommend that the defendant participate in the State Boot Camp program in lieu of serving the entire sentence imposed by the court. the State Boot Camp program is 120 to 180 days long and includes strenuous physical and emotional aspects that are created to rehabilitate an offender. If the defendant successfully completes the State Boot camp program then they will not have to serve the remainder of their sentence.

In order to be eligible to participate in the impact incarceration program, the committed person shall meet all of the following requirements: the person must be not less than 17 years of age nor more than 35 years of age; 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; 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; the person has been sentenced to a term of imprisonment of 8 years or less; the person must be physically able to participate in strenuous physical activities or labor; the person must not have any mental disorder or disability that would prevent participation in the impact incarceration program; the person has consented in writing to participation in the impact incarceration program and to the terms and conditions thereof; and the person was recommended and approved for placement in the impact incarceration program in the court’s sentencing order.

The Department of Corrections 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.

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.

Privileges including visitation, commissary, receipt and retention of property and publications and access to television, radio and a library may be suspended or restricted. 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.

Ultimately, the State Boot Camp program is a great result for a case where there is not a strong defensive strategy available and it will significantly reduce a defendant’s exposure to a lengthy period in the penitentiary.

County Boot Camp: (Impact Incarceration 730 Ilcs 5/5-8-1.2)

Similar to the State Boot Camp program, the County Boot Camp is an alternative to serving a lengthy sentence in the State Penitentiary. the County Boot Camp program is 120 to 160 days long followed by a term of supervised release by the Sheriff’s and then a period of probation. the program includes strenuous physical and emotional aspects that are created to rehabilitate an offender. If the defendant successfully completes the State Boot camp program and then the mandatory term of monitored release, for at least 8 months and no more than 12 months, then they will then have to successfully finish a term of probation, usually up to 2 years, and after successful completion of the all of the above the case is then over.

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: the person must be not less than 17 years of age nor more than 35 years of age; 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; 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; 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 or a violent crime; or the person is convicted of an offense that is a Class 2, 3, or 4 felony that is not a forcible felony or a violent crime who has previously served a sentence of probation for any felony offense and who otherwise could be sentenced to a term of incarceration; the person must be physically able to participate in strenuous physical activities or labor; the person must not have any mental disorder or disability that would prevent participation in a county impact incarceration program; and 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.

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. 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.

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.

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 and 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 to resentence the defendant.

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: not violate any criminal statute of any jurisdiction; report or appear in person before any such person or agency as directed by the court or the Sheriff; refrain from possessing a firearm or other dangerous weapon; 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 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.