Rep. Carol Ammons

Filed: 4/9/2019





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



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1not to exceed the last 90 days of incarceration.
2    (c) A person serving a sentence for a conviction of a Class
3X felony, other than an excluded offense, may be placed in an
4electronic monitoring or home detention program for a period
5not to exceed the last 90 days of incarceration, provided that
6the person was sentenced on or after August 11, 1993 (the
7effective date of Public Act 88-311) and provided that the
8court has not prohibited the program for the person in the
9sentencing order.
10    (d) A person serving a sentence for conviction of an
11offense other than for predatory criminal sexual assault of a
12child, aggravated criminal sexual assault, criminal sexual
13assault, aggravated criminal sexual abuse, or felony criminal
14sexual abuse, may be placed in an electronic monitoring or home
15detention program for a period not to exceed the last 12 months
16of incarceration, provided that (i) the person is 55 years of
17age or older; (ii) the person is serving a determinate
18sentence; (iii) the person has served at least 25% of the
19sentenced prison term; and (iv) placement in an electronic
20monitoring or home detention program is approved by the
21Prisoner Review Board or the Department of Juvenile Justice.
22    (e) A person serving a sentence for conviction of a Class
232, 3, or 4 felony offense which is not an excluded offense may
24be placed in an electronic monitoring or home detention program
25pursuant to Department administrative directives. These
26directives shall encourage inmates to apply for electronic



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1detention to incentivize positive behavior and program
2participation prior to and following their return to the
3community, consistent with Section 5-8A-4.2 of this Code. These
4directives shall not prohibit application solely for prior
5mandatory supervised release violation history, outstanding
6municipal warrants, current security classification, and prior
7criminal history, though these factors may be considered when
8reviewing individual applications in conjunction with
9additional factors, such as the applicant's institution
10behavior, program participation, and reentry plan.
11    (f) Applications for electronic monitoring or home
12detention may include the following:
13        (1) pretrial or pre-adjudicatory detention;
14        (2) probation;
15        (3) conditional discharge;
16        (4) periodic imprisonment;
17        (5) parole, aftercare release, or mandatory supervised
18    release;
19        (5.5) parole or mandatory supervised release, but only
20    for individuals who:
21            (i) are subject to mandatory electronic monitoring
22        by Section 5-8A-6 or 5-8A-7;
23            (ii) were convicted for an offense before January
24        1, 2007 that would have otherwise qualified the accused
25        as a sexual predator under the Sex Offender
26        Registration Act, but only if expressly ordered by the



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1        Prisoner Review Board;
2            (iii) were convicted for an offense, committed
3        before August 11, 2009, of criminal sexual assault,
4        aggravated criminal sexual assault, predatory criminal
5        sexual assault of a child, criminal sexual abuse,
6        aggravated criminal sexual abuse, or ritualized abuse
7        of a child when the victim was under 18 years of age at
8        the time of the commission of the offense and the
9        defendant used force or the threat of force in the
10        commission of the offense, but only if expressly
11        ordered by the Prisoner Review Board; or
12            (iv) are ordered to be placed on electronic
13        monitoring as part of a graduated sanctions program
14        when all other less restrictive alternative sanctions
15        have been exhausted. Individuals placed on electronic
16        monitoring as part of a graduated sanctions program
17        shall be electronically monitored for no more than 60
18        days;
19        (6) work release;
20        (7) furlough; or
21        (8) post-trial incarceration.
22    (f-5) Individuals subject to electronic monitoring under
23subparagraph (iii) of paragraph (5.5) of subsection (f) shall
24wear an approved electronic monitoring device as defined in
25Section 5-8A-2 that has Global Positioning System (GPS)
26capability for the duration of the person's parole, mandatory



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1supervised release term, or extended mandatory supervised
2release term. Individuals subject to electronic monitoring
3under subparagraph (ii) or (iv) of paragraph (5.5) of
4subsection (f) shall wear an approved electronic monitoring
5device as defined in section 5-8A-2.
6    (g) A person convicted of an offense described in clause
7(4) or (5) of subsection (d) of Section 5-8-1 of this Code
8shall be placed in an electronic monitoring or home detention
9program for at least the first 2 years of the person's
10mandatory supervised release term.
11(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16;
12100-201, eff. 8-18-17; 100-431, eff. 8-25-17; 100-575, eff.