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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CORRECTIONS
(730 ILCS 5/) Unified Code of Corrections.

730 ILCS 5/5-8A-4

    (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
    Sec. 5-8A-4. Program description. The supervising authority may promulgate rules that prescribe reasonable guidelines under which an electronic monitoring and home detention program shall operate. When using electronic monitoring for home detention these rules may include, but not be limited to, the following:
        (A) The participant may be instructed to remain
    
within the interior premises or within the property boundaries of his or her residence at all times during the hours designated by the supervising authority. Such instances of approved absences from the home shall include, but are not limited to, the following:
            (1) working or employment approved by the court
        
or traveling to or from approved employment;
            (2) unemployed and seeking employment approved
        
for the participant by the court;
            (3) undergoing medical, psychiatric, mental
        
health treatment, counseling, or other treatment programs approved for the participant by the court;
            (4) attending an educational institution or a
        
program approved for the participant by the court;
            (5) attending a regularly scheduled religious
        
service at a place of worship;
            (6) participating in community work release or
        
community service programs approved for the participant by the supervising authority;
            (7) for another compelling reason consistent with
        
the public interest, as approved by the supervising authority; or
            (8) purchasing groceries, food, or other basic
        
necessities.
        (A-1) At a minimum, any person ordered to pretrial
    
home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than two days per week, to participate in basic activities such as those listed in paragraph (A). In this subdivision (A-1), "days" means a reasonable time period during a calendar day, as outlined by the court in the order placing the person on home confinement.
        (B) The participant shall admit any person or agent
    
designated by the supervising authority into his or her residence at any time for purposes of verifying the participant's compliance with the conditions of his or her detention.
        (C) The participant shall make the necessary
    
arrangements to allow for any person or agent designated by the supervising authority to visit the participant's place of education or employment at any time, based upon the approval of the educational institution employer or both, for the purpose of verifying the participant's compliance with the conditions of his or her detention.
        (D) The participant shall acknowledge and participate
    
with the approved electronic monitoring device as designated by the supervising authority at any time for the purpose of verifying the participant's compliance with the conditions of his or her detention.
        (E) The participant shall maintain the following:
            (1) access to a working telephone;
            (2) a monitoring device in the participant's
        
home, or on the participant's person, or both; and
            (3) a monitoring device in the participant's home
        
and on the participant's person in the absence of a telephone.
        (F) The participant shall obtain approval from the
    
supervising authority before the participant changes residence or the schedule described in subsection (A) of this Section. Such approval shall not be unreasonably withheld.
        (G) The participant shall not commit another crime
    
during the period of home detention ordered by the Court.
        (H) Notice to the participant that violation of the
    
order for home detention may subject the participant to prosecution for the crime of escape as described in Section 5-8A-4.1.
        (I) The participant shall abide by other conditions
    
as set by the supervising authority.
        (J) This Section takes effect January 1, 2022.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)

730 ILCS 5/5-8A-4.1

    (730 ILCS 5/5-8A-4.1)
    Sec. 5-8A-4.1. Escape.
    (a) A person charged with a felony, or charged with an act which, if committed by an adult, would constitute a felony, conditionally released from the supervising authority through an electronic monitoring or home detention program, who knowingly escapes or leaves from the geographic boundaries of an electronic monitoring or home detention program with the intent to evade prosecution is guilty of a Class 3 felony.
    (b) A person charged with or convicted of a misdemeanor, or charged with an act which, if committed by an adult, would constitute a misdemeanor, conditionally released from the supervising authority through an electronic monitoring or home detention program, who knowingly escapes or leaves from the geographic boundaries of an electronic monitoring or home detention program with the intent to evade prosecution is guilty of a Class B misdemeanor.
    (c) A person who violates this Section while armed with a dangerous weapon is guilty of a Class 1 felony.
(Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.)

730 ILCS 5/5-8A-4.2

    (730 ILCS 5/5-8A-4.2)
    Sec. 5-8A-4.2. Successful transition to the community.
    (a) The Department shall engage in reentry planning to include individualized case planning for persons preparing to be released to the community. This planning shall begin at intake and be supported throughout the term of incarceration, with a focused emphasis in the year prior to the inmate's mandatory statutory release date. All inmates within one year of their mandatory statutory release data shall be deemed to be in reentry status. The Department shall develop administrative directives to define reentry status based on the requirements of this Section.
    (b) The Department shall develop incentives to increase program and treatment participation, positive behavior, and readiness to change.
    (c) The Department shall coordinate with, and provide access at the point of release for, community partners and State and local government agencies to support successful transitions through assistance in planning and by providing appropriate programs to inmates in reentry status. The Department shall work with community partners and appropriate state agencies to support the successful transitions through assistance in planning and by providing appropriate programs to persons prior to release. Release planning shall include, but is not limited to:
        (1) necessary documentation to include birth
    
certificate, social security card, and identification card;
        (2) vocational or educational short-term and
    
long-term goals;
        (3) financial literacy and planning to include
    
payments of fines, fees, restitution, child support, and other debt;
        (4) access to healthcare, mental healthcare, and
    
chemical dependency treatment;
        (5) living and transportation arrangements;
        (6) family reunification, if appropriate, and
    
pro-social support networks; and
        (7) information about community-based employment
    
services and employment service programs available for persons with prior arrest or criminal convictions.
    (d) The Illinois Housing Development Authority shall create a Frequent Users Systems Engagement (FUSE) Re-Entry rental subsidy supportive housing program for the most vulnerable persons exiting the Department of Corrections. The Re-Entry rental subsidy supportive housing program shall be targeted to persons with disabilities who have a history of incarcerations, hospitalizations, and homelessness. The Illinois Housing Development Authority, the Department of Human Services Statewide Housing Coordinator, stakeholders, and the Department of Corrections shall adopt policies and procedures for the FUSE Re-Entry rental subsidy supportive housing program including eligibility criteria, geographic distribution, and documentation requirements which are similar to the Rental Housing Support Program. The funding formula for this program shall be developed by calculating the number of prison bed days saved through the timely releases that would not be possible but for the Re-Entry rental subsidy supportive housing program. Funding shall include administrative costs for the Illinois Housing Development Authority to operate the program.
    (e) The Department shall report to the General Assembly on or before January 1, 2019, and annually thereafter, on these activities to support successful transitions to the community. This report shall include the following information regarding persons released from the Department:
        (1) the total number of persons released each year
    
listed by county;
        (2) the number of persons assessed as having a high
    
or moderate criminogenic need who have completed programming addressing that criminogenic need prior to release listed by program and county;
        (3) the number of persons released in the reporting
    
year who have engaged in pre-release planning prior to their release listed by county;
        (4) the number of persons who have been released to
    
electronic detention prior to their mandatory supervised release date;
        (5) the number of persons who have been released
    
after their mandatory supervised release date, average time past mandatory supervised release date, and reasons held past mandatory supervised release date; and
        (6) when implemented, the number of Frequent Users
    
Systems Engagement (FUSE) Re-Entry rental subsidy supportive housing program participants and average prison bed days saved.
(Source: P.A. 100-575, eff. 1-8-18.)