100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3887

 

Introduced , by Rep. Carol Ammons

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-8A-1.1 new
730 ILCS 5/5-8A-2  from Ch. 38, par. 1005-8A-2
730 ILCS 5/5-8A-4.2 new
730 ILCS 5/5-8A-5  from Ch. 38, par. 1005-8A-5

    Amends the Unified Code of Corrections. Provides that the purpose of a person being placed in an electronic home detention program instead of being sentenced to a term of imprisonment is to facilitate rehabilitation and a person's continued participation in employment, education programs, family, community, and religious activities. Provides that only the court may place a person in an electronic home detention program. Provides that a person placed in an electronic home detention program shall: (1) be allowed 8 hours a day of movement outside the home, unless there is a reduction of movement due to a disciplinary infraction validated at a parole, probation, conditional discharge, or court hearing; (2) not receive lifetime imposition of electronic home detention; (3) receive an annual review of his or her electronic home detention status by the supervising authority; (4) if as a condition of a pre-trial release program receive full or partial credit for time served for the days spent on electronic home detention; and (5) not be charged a fee during pretrial release, mandatory supervised release, or as a sentence in lieu of incarceration. Provides that a person placed on electronic home detention may appeal to the circuit court if he or she is denied to leave the premises of his or her residence for specific reasons.


LRB100 10859 RLC 21094 b

 

 

A BILL FOR

 

HB3887LRB100 10859 RLC 21094 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 5-8A-2 and 5-8A-5 and by adding Sections
65-8A-1.1 and 5-8A-4.2 as follows:
 
7    (730 ILCS 5/5-8A-1.1 new)
8    Sec. 5-8A-1.1. Purpose. The purpose of a person being
9placed in an electronic home detention program instead of being
10sentenced to a term of imprisonment is to facilitate
11rehabilitation and a person's continued participation in
12employment, education programs, family, community, and
13religious activities.
 
14    (730 ILCS 5/5-8A-2)  (from Ch. 38, par. 1005-8A-2)
15    Sec. 5-8A-2. Definitions. As used in this Article:
16    (A) "Approved electronic monitoring device" means a device
17approved by the supervising authority which is primarily
18intended to record or transmit information as to the
19defendant's presence or nonpresence in the home, consumption of
20alcohol, consumption of drugs, location as determined through
21GPS, cellular triangulation, Wi-Fi, or other electronic means.
22    An approved electronic monitoring device may record or

 

 

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1transmit: oral or wire communications or an auditory sound;
2visual images; or information regarding the offender's
3activities while inside the offender's home. These devices are
4subject to the required consent as set forth in Section 5-8A-5
5of this Article.
6    An approved electronic monitoring device may be used to
7record a conversation between the participant and the
8monitoring device, or the participant and the person
9supervising the participant solely for the purpose of
10identification and not for the purpose of eavesdropping or
11conducting any other illegally intrusive monitoring.
12    (A-10) "Department" means the Department of Corrections or
13the Department of Juvenile Justice.
14    (A-20) "Electronic monitoring" means the monitoring of an
15inmate, person, or offender with an electronic device both
16within and outside of their home under the terms and conditions
17established by the supervising authority.
18    (B) "Excluded offenses" means first degree murder, escape,
19predatory criminal sexual assault of a child, aggravated
20criminal sexual assault, criminal sexual assault, aggravated
21battery with a firearm as described in Section 12-4.2 or
22subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
2312-3.05, bringing or possessing a firearm, ammunition or
24explosive in a penal institution, any "Super-X" drug offense or
25calculated criminal drug conspiracy or streetgang criminal
26drug conspiracy, or any predecessor or successor offenses with

 

 

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1the same or substantially the same elements, or any inchoate
2offenses relating to the foregoing offenses.
3    (B-10) "GPS" means a device or system which utilizes the
4Global Positioning Satellite system for determining the
5location of a person, inmate or offender.
6    (C) "Home detention" means the confinement of a person
7convicted or charged with an offense to his or her place of
8residence under the terms and conditions established by the
9supervising authority.
10    (D) "Participant" means an inmate or offender placed into
11an electronic monitoring program.
12    (E) "Supervising authority" means the Department of
13Corrections, the Department of Juvenile Justice, probation
14department, sheriff, superintendent of municipal house of
15corrections or any other officer or agency charged with
16authorizing and supervising electronic monitoring and home
17detention.
18    (F) "Super-X drug offense" means a violation of Section
19401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D);
20Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B),
21(C), or (D) of the Illinois Controlled Substances Act.
22    (G) "Wi-Fi" or "WiFi" means a device or system which
23utilizes a wireless local area network for determining the
24location of a person, inmate or offender.
25(Source: P.A. 99-797, eff. 8-12-16.)
 

 

 

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1    (730 ILCS 5/5-8A-4.2 new)
2    Sec. 5-8A-4.2. Limits on electronic monitoring.
3    (a) A person placed in an electronic home detention program
4shall:
5        (1) be allowed 8 hours per day of movement outside the
6    home, unless there is a reduction of movement due to a
7    disciplinary infraction validated at a parole, mandatory
8    supervised release, probation, or court hearing;
9        (2) not receive lifetime imposition of electronic home
10    detention;
11        (3) receive an annual review of his or her electronic
12    home detention status by the supervising authority;
13        (4) if as a condition of a pre-trial release program
14    receive full or partial credit for time served for the days
15    spent on electronic home detention; and
16        (5) not be charged a fee during pretrial release,
17    mandatory supervised release, or as a sentence in lieu of
18    incarceration.
19    (b) A person placed on electronic home detention may appeal
20to the circuit court if he or she is denied the ability to
21leave the premises of his or her residence for one of the
22following reasons:
23        (1) to seek and maintain employment (including working
24    overtime, irregular shifts and in mobile workplaces);
25        (2) to participate in educational or training
26    programs;

 

 

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1        (3) to participate in family, religious, and community
2    activities;
3        (4) to seek and receive medical or substance abuse
4    treatment;
5        (5) to carry out necessary life activities, including
6    shopping, paying bills, banking, and laundry.
7    (c) The court may not impose as a condition of electronic
8home detention that the person have a landline telephone.
9    (d) A person placed in an electronic home detention program
10shall have the right, in the absence of extraordinary
11circumstances as determined by the court to:
12        (1) seek and maintain employment (including working
13    overtime, irregular shifts and in mobile workplaces);
14        (2) participate in educational or training programs;
15        (3) participate in family, religious, and community
16    activities;
17        (4) seek and receive medical or substance abuse
18    treatment; and
19        (5) carry out necessary survival activities, including
20    shopping, paying bills, banking, and laundry.
 
21    (730 ILCS 5/5-8A-5)  (from Ch. 38, par. 1005-8A-5)
22    Sec. 5-8A-5. Consent of the participant. Before entering an
23order for commitment for electronic monitoring, the court
24supervising authority shall inform the participant and other
25persons residing in the home of the nature and extent of the

 

 

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1approved electronic monitoring devices by doing the following:
2        (A) Securing the written consent of the participant in
3    the program to comply with the rules and regulations of the
4    program as stipulated in subsections (A) through (I) of
5    Section 5-8A-4.
6        (B) Where possible, securing the written consent of
7    other persons residing in the home of the participant,
8    including the person in whose name the telephone is
9    registered, at the time of the order or commitment for
10    electronic home detention is entered and acknowledge the
11    nature and extent of approved electronic monitoring
12    devices.
13        (C) Insure that the approved electronic devices be
14    minimally intrusive upon the privacy of the participant and
15    other persons residing in the home while remaining in
16    compliance with subsections (B) through (D) of Section
17    5-8A-4.
18    (D) (Blank). This Section does not apply to persons subject
19to Electronic Monitoring or home detention as a term or
20condition of parole, aftercare release, or mandatory
21supervised release under subsection (d) of Section 5-8-1 of
22this Code.
23(Source: P.A. 98-558, eff. 1-1-14; 99-797, eff. 8-12-16;
24revised 10-27-16.)