Rep. Carol Ammons

Filed: 3/12/2019

 

 


 

 


 
10100HB1115ham001LRB101 03655 SLF 57523 a

1
AMENDMENT TO HOUSE BILL 1115

2    AMENDMENT NO. ______. Amend House Bill 1115 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 5-8A-3 as follows:
 
6    (730 ILCS 5/5-8A-3)  (from Ch. 38, par. 1005-8A-3)
7    Sec. 5-8A-3. Application.
8    (a) Except as provided in subsection (d), a person charged
9with or convicted of an excluded offense may not be placed in
10an electronic monitoring or home detention program, except for
11bond pending trial or appeal or while on parole, aftercare
12release, or mandatory supervised release. Electronic
13monitoring may not be used for persons on mandatory supervised
14release or parole except as provided in Sections 5-8A-6 and
155-8A-7.
16    (b) A person serving a sentence for a conviction of a Class

 

 

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11 felony, other than an excluded offense, may be placed in an
2electronic monitoring or home detention program for a period
3not to exceed the last 90 days of incarceration.
4    (c) A person serving a sentence for a conviction of a Class
5X felony, other than an excluded offense, may be placed in an
6electronic monitoring or home detention program for a period
7not to exceed the last 90 days of incarceration, provided that
8the person was sentenced on or after August 11, 1993 (the
9effective date of Public Act 88-311) and provided that the
10court has not prohibited the program for the person in the
11sentencing order.
12    (d) A person serving a sentence for conviction of an
13offense other than for predatory criminal sexual assault of a
14child, aggravated criminal sexual assault, criminal sexual
15assault, aggravated criminal sexual abuse, or felony criminal
16sexual abuse, may be placed in an electronic monitoring or home
17detention program for a period not to exceed the last 12 months
18of incarceration, provided that (i) the person is 55 years of
19age or older; (ii) the person is serving a determinate
20sentence; (iii) the person has served at least 25% of the
21sentenced prison term; and (iv) placement in an electronic
22monitoring or home detention program is approved by the
23Prisoner Review Board or the Department of Juvenile Justice.
24    (e) A person serving a sentence for conviction of a Class
252, 3, or 4 felony offense which is not an excluded offense may
26be placed in an electronic monitoring or home detention program

 

 

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1pursuant to Department administrative directives. These
2directives shall encourage inmates to apply for electronic
3detention to incentivize positive behavior and program
4participation prior to and following their return to the
5community, consistent with Section 5-8A-4.2 of this Code. These
6directives shall not prohibit application solely for prior
7mandatory supervised release violation history, outstanding
8municipal warrants, current security classification, and prior
9criminal history, though these factors may be considered when
10reviewing individual applications in conjunction with
11additional factors, such as the applicant's institution
12behavior, program participation, and reentry plan.
13    (f) Applications for electronic monitoring or home
14detention may include the following:
15        (1) pretrial or pre-adjudicatory detention;
16        (2) probation;
17        (3) conditional discharge;
18        (4) periodic imprisonment;
19        (5) parole, aftercare release, or mandatory supervised
20    release;
21        (5.5) parole or mandatory supervised release, only as
22    provided in Section 5-8A-6 or 5-8A-7;
23        (6) work release;
24        (7) furlough; or
25        (8) post-trial incarceration.
26    (g) A person convicted of an offense described in clause

 

 

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1(4) or (5) of subsection (d) of Section 5-8-1 of this Code
2shall be placed in an electronic monitoring or home detention
3program for at least the first 2 years of the person's
4mandatory supervised release term.
5(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16;
6100-201, eff. 8-18-17; 100-431, eff. 8-25-17; 100-575, eff.
71-8-18.)".