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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 5/5-8-7

    (730 ILCS 5/5-8-7)
    Sec. 5-8-7. (Repealed).
(Source: P.A. 96-427, eff. 8-13-09. Repealed by P.A. 95-1052, eff. 7-1-09.)

730 ILCS 5/5-8-8

    (730 ILCS 5/5-8-8)
    Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
    (a) Creation. There is created under the jurisdiction of the Governor the Illinois Sentencing Policy Advisory Council, hereinafter referred to as the Council.
    (b) Purposes and goals. The purpose of the Council is to review sentencing policies and practices and examine how these policies and practices impact the criminal justice system as a whole in the State of Illinois. In carrying out its duties, the Council shall be mindful of and aim to achieve the purposes of sentencing in Illinois, which are set out in Section 1-1-2 of this Code:
        (1) prescribe sanctions proportionate to the
    
seriousness of the offenses and permit the recognition of differences in rehabilitation possibilities among individual offenders;
        (2) forbid and prevent the commission of offenses;
        (3) prevent arbitrary or oppressive treatment of
    
persons adjudicated offenders or delinquents; and
        (4) restore offenders to useful citizenship.
    (c) Council composition.
        (1) The Council shall consist of the following
    
members:
            (A) the President of the Senate, or his or her
        
designee;
            (B) the Minority Leader of the Senate, or his or
        
her designee;
            (C) the Speaker of the House, or his or her
        
designee;
            (D) the Minority Leader of the House, or his or
        
her designee;
            (E) the Governor, or his or her designee;
            (F) the Attorney General, or his or her designee;
            (G) two retired judges, who may have been
        
circuit, appellate, or supreme court judges; retired judges shall be selected by the members of the Council designated in clauses (c)(1)(A) through (L);
            (G-5) (blank);
            (H) the Cook County State's Attorney, or his or
        
her designee;
            (I) the Cook County Public Defender, or his or
        
her designee;
            (J) a State's Attorney not from Cook County,
        
appointed by the State's Attorney's Appellate Prosecutor;
            (K) the State Appellate Defender, or his or her
        
designee;
            (L) the Director of the Administrative Office of
        
the Illinois Courts, or his or her designee;
            (M) a victim of a violent felony or a
        
representative of a crime victims' organization, selected by the members of the Council designated in clauses (c)(1)(A) through (L);
            (N) a representative of a community-based
        
organization, selected by the members of the Council designated in clauses (c)(1)(A) through (L);
            (O) a criminal justice academic researcher, to be
        
selected by the members of the Council designated in clauses (c)(1)(A) through (L);
            (P) a representative of law enforcement from a
        
unit of local government to be selected by the members of the Council designated in clauses (c)(1)(A) through (L);
            (Q) a sheriff outside of Cook County selected by
        
the members of the Council designated in clauses (c)(1)(A) through (L); and
            (R) ex-officio members shall include:
                (i) the Director of Corrections, or his or
            
her designee;
                (ii) the Chair of the Prisoner Review Board,
            
or his or her designee;
                (iii) the Director of the Illinois State
            
Police, or his or her designee;
                (iv) the Director of the Illinois Criminal
            
Justice Information Authority, or his or her designee; and
                (v) the Cook County Sheriff, or his or her
            
designee.
        (1.5) The Chair and Vice Chair shall be elected from
    
among its members by a majority of the members of the Council.
        (2) Members of the Council who serve because of their
    
public office or position, or those who are designated as members by such officials, shall serve only as long as they hold such office or position.
        (3) Council members shall serve without compensation
    
but shall be reimbursed for travel and per diem expenses incurred in their work for the Council.
        (4) The Council may exercise any power, perform any
    
function, take any action, or do anything in furtherance of its purposes and goals upon the appointment of a quorum of its members. The term of office of each member of the Council ends on the date of repeal of this amendatory Act of the 96th General Assembly.
        (5) The Council shall determine the qualifications
    
for and hire the Executive Director.
    (d) Duties. The Council shall perform, as resources permit, duties including:
        (1) Collect and analyze information including
    
sentencing data, crime trends, and existing correctional resources to support legislative and executive action affecting the use of correctional resources on the State and local levels.
        (2) Prepare criminal justice population projections
    
annually, including correctional and community-based supervision populations.
        (3) Analyze data relevant to proposed sentencing
    
legislation and its effect on current policies or practices, and provide information to support evidence-based sentencing.
        (4) Ensure that adequate resources and facilities are
    
available for carrying out sentences imposed on offenders and that rational priorities are established for the use of those resources. To do so, the Council shall prepare criminal justice resource statements, identifying the fiscal and practical effects of proposed criminal sentencing legislation, including, but not limited to, the correctional population, court processes, and county or local government resources.
        (4.5) Study and conduct a thorough analysis of
    
sentencing under Section 5-4.5-110 of this Code. The Sentencing Policy Advisory Council shall provide annual reports to the Governor and General Assembly, including the total number of persons sentenced under Section 5-4.5-110 of this Code, the total number of departures from sentences under Section 5-4.5-110 of this Code, and an analysis of trends in sentencing and departures. On or before December 31, 2022, the Sentencing Policy Advisory Council shall provide a report to the Governor and General Assembly on the effectiveness of sentencing under Section 5-4.5-110 of this Code, including recommendations on whether sentencing under Section 5-4.5-110 of this Code should be adjusted or continued.
        (5) Perform such other studies or tasks pertaining to
    
sentencing policies as may be requested by the Governor or the Illinois General Assembly.
        (6) Perform such other functions as may be required
    
by law or as are necessary to carry out the purposes and goals of the Council prescribed in subsection (b).
        (7) Publish a report on the trends in sentencing for
    
offenders described in subsection (b-1) of Section 5-4-1 of this Code, the impact of the trends on the prison and probation populations, and any changes in the racial composition of the prison and probation populations that can be attributed to the changes made by adding subsection (b-1) of Section 5-4-1 to this Code by Public Act 99-861.
    (e) Authority.
        (1) The Council shall have the power to perform the
    
functions necessary to carry out its duties, purposes and goals under this Act. In so doing, the Council shall utilize information and analysis developed by the Illinois Criminal Justice Information Authority, the Administrative Office of the Illinois Courts, and the Illinois Department of Corrections.
        (2) Upon request from the Council, each executive
    
agency and department of State and local government shall provide information and records to the Council in the execution of its duties.
    (f) Report. The Council shall report in writing annually to the General Assembly, the Illinois Supreme Court, and the Governor.
    (g) (Blank).
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17; 101-279, eff. 8-9-19.)

730 ILCS 5/Ch. V Art. 8A

 
    (730 ILCS 5/Ch. V Art. 8A heading)
ARTICLE 8A. ELECTRONIC MONITORING AND HOME DETENTION
(Source: P.A. 99-797, eff. 8-12-16.)

730 ILCS 5/5-8A-1

    (730 ILCS 5/5-8A-1) (from Ch. 38, par. 1005-8A-1)
    Sec. 5-8A-1. Title. This Article shall be known and may be cited as the Electronic Monitoring and Home Detention Law.
(Source: P.A. 99-797, eff. 8-12-16.)

730 ILCS 5/5-8A-2

    (730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)
    Sec. 5-8A-2. Definitions. As used in this Article:
    (A) "Approved electronic monitoring device" means a device approved by the supervising authority which is primarily intended to record or transmit information as to the defendant's presence or nonpresence in the home, consumption of alcohol, consumption of drugs, location as determined through GPS, cellular triangulation, Wi-Fi, or other electronic means.
    An approved electronic monitoring device may record or transmit: oral or wire communications or an auditory sound; visual images; or information regarding the offender's activities while inside the offender's home. These devices are subject to the required consent as set forth in Section 5-8A-5 of this Article.
    An approved electronic monitoring device may be used to record a conversation between the participant and the monitoring device, or the participant and the person supervising the participant solely for the purpose of identification and not for the purpose of eavesdropping or conducting any other illegally intrusive monitoring.
    (A-10) "Department" means the Department of Corrections or the Department of Juvenile Justice.
    (A-20) "Electronic monitoring" means the monitoring of an inmate, person, or offender with an electronic device both within and outside of their home under the terms and conditions established by the supervising authority.
    (B) "Excluded offenses" means first degree murder, escape, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, bringing or possessing a firearm, ammunition or explosive in a penal institution, any "Super-X" drug offense or calculated criminal drug conspiracy or streetgang criminal drug conspiracy, or any predecessor or successor offenses with the same or substantially the same elements, or any inchoate offenses relating to the foregoing offenses.
    (B-10) "GPS" means a device or system which utilizes the Global Positioning Satellite system for determining the location of a person, inmate or offender.
    (C) "Home detention" means the confinement of a person convicted or charged with an offense to his or her place of residence under the terms and conditions established by the supervising authority.
    (D) "Participant" means an inmate or offender placed into an electronic monitoring program.
    (E) "Supervising authority" means the Department of Corrections, the Department of Juvenile Justice, probation department, sheriff, superintendent of municipal house of corrections or any other officer or agency charged with authorizing and supervising electronic monitoring and home detention.
    (F) "Super-X drug offense" means a violation of Section 401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D); Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B), (C), or (D) of the Illinois Controlled Substances Act.
    (G) "Wi-Fi" or "WiFi" means a device or system which utilizes a wireless local area network for determining the location of a person, inmate or offender.
(Source: P.A. 99-797, eff. 8-12-16.)

730 ILCS 5/5-8A-3

    (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
    Sec. 5-8A-3. Application.
    (a) Except as provided in subsection (d), a person charged with or convicted of an excluded offense may not be placed in an electronic monitoring or home detention program, except for bond pending trial or appeal or while on parole, aftercare release, or mandatory supervised release.
    (b) A person serving a sentence for a conviction of a Class 1 felony, other than an excluded offense, may be placed in an electronic monitoring or home detention program for a period not to exceed the last 90 days of incarceration.
    (c) A person serving a sentence for a conviction of a Class X felony, other than an excluded offense, may be placed in an electronic monitoring or home detention program for a period not to exceed the last 90 days of incarceration, provided that the person was sentenced on or after August 11, 1993 (the effective date of Public Act 88-311) and provided that the court has not prohibited the program for the person in the sentencing order.
    (d) A person serving a sentence for conviction of an offense other than for predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse, or felony criminal sexual abuse, may be placed in an electronic monitoring or home detention program for a period not to exceed the last 12 months of incarceration, provided that (i) the person is 55 years of age or older; (ii) the person is serving a determinate sentence; (iii) the person has served at least 25% of the sentenced prison term; and (iv) placement in an electronic monitoring or home detention program is approved by the Prisoner Review Board or the Department of Juvenile Justice.
    (e) A person serving a sentence for conviction of a Class 2, 3, or 4 felony offense which is not an excluded offense may be placed in an electronic monitoring or home detention program pursuant to Department administrative directives. These directives shall encourage inmates to apply for electronic detention to incentivize positive behavior and program participation prior to and following their return to the community, consistent with Section 5-8A-4.2 of this Code. These directives shall not prohibit application solely for prior mandatory supervised release violation history, outstanding municipal warrants, current security classification, and prior criminal history, though these factors may be considered when reviewing individual applications in conjunction with additional factors, such as the applicant's institution behavior, program participation, and reentry plan.
    (f) Applications for electronic monitoring or home detention may include the following:
        (1) pretrial or pre-adjudicatory detention;
        (2) probation;
        (3) conditional discharge;
        (4) periodic imprisonment;
        (5) parole, aftercare release, or mandatory
    
supervised release;
        (6) work release;
        (7) furlough; or
        (8) post-trial incarceration.
    (g) A person convicted of an offense described in clause (4) or (5) of subsection (d) of Section 5-8-1 of this Code shall be placed in an electronic monitoring or home detention program for at least the first 2 years of the person's mandatory supervised release term.
(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17; 100-575, eff. 1-8-18.)

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 shall include but not be limited to the following:
        (A) The participant shall 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 may 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; or
            (7) for another compelling reason consistent with
        
the public interest, as approved by the supervising authority.
    (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) a working telephone in the participant's home;
            (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.
        (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.
(Source: P.A. 99-797, eff. 8-12-16.)

730 ILCS 5/5-8A-4.1

    (730 ILCS 5/5-8A-4.1)
    Sec. 5-8A-4.1. Escape; failure to comply with a condition of the electronic monitoring or home detention program.
    (a) A person charged with or convicted of a felony, or charged with or adjudicated delinquent for 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 violates a condition of the electronic monitoring or home detention program is guilty of a Class 3 felony.
    (b) A person charged with or convicted of a misdemeanor, or charged with or adjudicated delinquent for 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 violates a condition of the electronic monitoring or home detention program 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. 99-797, eff. 8-12-16; 100-431, eff. 8-25-17.)

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.)

730 ILCS 5/5-8A-5

    (730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
    Sec. 5-8A-5. Consent of the participant. Before entering an order for commitment for electronic monitoring, the supervising authority shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by doing the following:
        (A) Securing the written consent of the participant
    
in the program to comply with the rules and regulations of the program as stipulated in subsections (A) through (I) of Section 5-8A-4.
        (B) Where possible, securing the written consent of
    
other persons residing in the home of the participant, including the person in whose name the telephone is registered, at the time of the order for commitment for electronic monitoring is entered and acknowledge the nature and extent of approved electronic monitoring devices.
        (C) Ensure that the approved electronic devices be
    
minimally intrusive upon the privacy of the participant and other persons residing in the home while remaining in compliance with subsections (B) through (D) of Section 5-8A-4.
    This Section does not apply to persons subject to electronic monitoring or home detention as a term or condition of parole, aftercare release, or mandatory supervised release under subsection (d) of Section 5-8-1 of this Code.
(Source: P.A. 99-797, eff. 8-12-16; 100-201 eff. 8-18-17; 100-431, eff. 8-25-17.)

730 ILCS 5/5-8A-5.1

    (730 ILCS 5/5-8A-5.1)
    Sec. 5-8A-5.1. Public notice of release on electronic monitoring or home detention. The Department of Corrections must make identification information and a recent photo of an inmate being placed on electronic monitoring or home detention under the provisions of this Article accessible on the Internet by means of a hyperlink labeled "Community Notification of Inmate Early Release" on the Department's World Wide Web homepage. The identification information shall include the inmate's: name, any known alias, date of birth, physical characteristics, residence address, commitment offense and county where conviction was imposed. The identification information shall be placed on the website within 3 days of the inmate's release on electronic monitoring or home detention, and the information may not be removed until either: completion of the first year of mandatory supervised release or return of the inmate to custody of the Department.
(Source: P.A. 99-797, eff. 8-12-16.)

730 ILCS 5/5-8A-6

    (730 ILCS 5/5-8A-6)
    Sec. 5-8A-6. Electronic monitoring of certain sex offenders. For a sexual predator subject to electronic monitoring under paragraph (7.7) of subsection (a) of Section 3-3-7, the Department of Corrections must use a system that actively monitors and identifies the offender's current location and timely reports or records the offender's presence and that alerts the Department of the offender's presence within a prohibited area described in Section 11-9.3 of the Criminal Code of 2012, in a court order, or as a condition of the offender's parole, mandatory supervised release, or extended mandatory supervised release and the offender's departure from specified geographic limitations. To the extent that he or she is able to do so, which the Department of Corrections by rule shall determine, the offender must pay for the cost of the electronic monitoring.
(Source: P.A. 99-797, eff. 8-12-16; 100-431, eff. 8-25-17.)

730 ILCS 5/5-8A-7

    (730 ILCS 5/5-8A-7)
    Sec. 5-8A-7. Domestic violence surveillance program. If the Prisoner Review Board, Department of Corrections, Department of Juvenile Justice, or court (the supervising authority) orders electronic surveillance as a condition of parole, aftercare release, mandatory supervised release, early release, probation, or conditional discharge for a violation of an order of protection or as a condition of bail for a person charged with a violation of an order of protection, the supervising authority shall use the best available global positioning technology to track domestic violence offenders. Best available technology must have real-time and interactive capabilities that facilitate the following objectives: (1) immediate notification to the supervising authority of a breach of a court ordered exclusion zone; (2) notification of the breach to the offender; and (3) communication between the supervising authority, law enforcement, and the victim, regarding the breach. The supervising authority may also require that the electronic surveillance ordered under this Section monitor the consumption of alcohol or drugs.
(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; 100-201, eff. 8-18-17.)