103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3197

 

Introduced 2/6/2024, by Sen. Neil Anderson

 

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

    Amends the Unified Code of Corrections. In the Electronic Monitoring and Home Detention Law, provides that an "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, or location by using smartphone applications (rather than through GPS, cellular triangulation, Wi-Fi, or other electronic means). Deletes references to "wire communications" in the definition of "approved electronic monitoring device".


LRB103 35698 RLC 65774 b

 

 

A BILL FOR

 

SB3197LRB103 35698 RLC 65774 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 Section 5-8A-2 as follows:
 
6    (730 ILCS 5/5-8A-2)  (from Ch. 38, par. 1005-8A-2)
7    Sec. 5-8A-2. Definitions. As used in this Article:
8    (A) "Approved electronic monitoring device" means a device
9approved by the supervising authority which is primarily
10intended to record or transmit information as to the
11defendant's presence or nonpresence in the home, consumption
12of alcohol, consumption of drugs, or location by using
13smartphone applications as determined through GPS, cellular
14triangulation, Wi-Fi, or other electronic means.
15    An approved electronic monitoring device may record or
16transmit: oral or wire communications or an auditory sound;
17visual images; or information regarding the offender's
18activities while inside the offender's home. These devices are
19subject to the required consent as set forth in Section 5-8A-5
20of this Article.
21    An approved electronic monitoring device may be used to
22record a conversation between the participant and the
23monitoring device, or the participant and the person

 

 

SB3197- 2 -LRB103 35698 RLC 65774 b

1supervising the participant solely for the purpose of
2identification and not for the purpose of eavesdropping or
3conducting any other illegally intrusive monitoring.
4    (A-10) "Department" means the Department of Corrections or
5the Department of Juvenile Justice.
6    (A-20) "Electronic monitoring" means the monitoring of an
7inmate, person, or offender with an electronic device both
8within and outside of their home under the terms and
9conditions established by the supervising authority.
10    (B) "Excluded offenses" means first degree murder, escape,
11predatory criminal sexual assault of a child, aggravated
12criminal sexual assault, criminal sexual assault, aggravated
13battery with a firearm as described in Section 12-4.2 or
14subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
1512-3.05, bringing or possessing a firearm, ammunition or
16explosive in a penal institution, any "Super-X" drug offense
17or calculated criminal drug conspiracy or streetgang criminal
18drug conspiracy, or any predecessor or successor offenses with
19the same or substantially the same elements, or any inchoate
20offenses relating to the foregoing offenses.
21    (B-10) "GPS" means a device or system which utilizes the
22Global Positioning Satellite system for determining the
23location of a person, inmate or offender.
24    (C) "Home detention" means the confinement of a person
25convicted or charged with an offense to his or her place of
26residence under the terms and conditions established by the

 

 

SB3197- 3 -LRB103 35698 RLC 65774 b

1supervising authority. Confinement need not be 24 hours per
2day to qualify as home detention, and significant restrictions
3on liberty such as 7pm to 7am curfews shall qualify. Home
4confinement may or may not be accompanied by electronic
5monitoring, and electronic monitoring is not required for
6purposes of sentencing credit.
7    (D) "Participant" means an inmate or offender placed into
8an electronic monitoring program.
9    (E) "Supervising authority" means the Department of
10Corrections, the Department of Juvenile Justice, probation
11department, a Chief Judge's office, pretrial services division
12or department, sheriff, superintendent of municipal house of
13corrections or any other officer or agency charged with
14authorizing and supervising electronic monitoring and home
15detention.
16    (F) "Super-X drug offense" means a violation of Section
17401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D);
18Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B),
19(C), or (D) of the Illinois Controlled Substances Act.
20    (G) "Wi-Fi" or "WiFi" means a device or system which
21utilizes a wireless local area network for determining the
22location of a person, inmate or offender.
23(Source: P.A. 101-652, eff. 7-1-21.)