97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3584

 

Introduced 2/10/2012, by Sen. Michael W. Frerichs

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-1-10  from Ch. 38, par. 1005-1-10
730 ILCS 5/5-8A-8 new

    Amends the Unified Code of Corrections. Amends the definition of "imprisonment" to include electronic home detention served by an offender after the offender has been committed to the custody of the sheriff to serve the sentence and the sheriff has placed the offender in an electronic home detention program. Provides that when an offender is sentenced under a provision of law that requires the sentence to include a minimum term of imprisonment and the offender is committed to the custody of the sheriff to serve the sentence, the sheriff may place the offender in an electronic home detention program for service of that minimum term of imprisonment unless the offender was convicted of an excluded offense as defined in the Electronic Home Detention Law or the court's sentencing order specifies that the minimum term of imprisonment shall be served in a county correctional facility.


LRB097 19828 RLC 65103 b

 

 

A BILL FOR

 

SB3584LRB097 19828 RLC 65103 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 5-1-10 and adding Section 5-8A-8 as follows:
 
6    (730 ILCS 5/5-1-10)  (from Ch. 38, par. 1005-1-10)
7    Sec. 5-1-10. Imprisonment.
8    "Imprisonment" means incarceration in a correctional
9institution under a sentence of imprisonment and does not
10include "periodic imprisonment" under Article 7.
11"Imprisonment" also includes electronic home detention served
12by an offender after (i) the offender has been committed to the
13custody of the sheriff to serve the sentence and (ii) the
14sheriff has placed the offender in an electronic home detention
15program in accordance with Article 8A of Chapter V of this
16Code.
17(Source: P.A. 77-2097.)
 
18    (730 ILCS 5/5-8A-8 new)
19    Sec. 5-8A-8. Service of a minimum term of imprisonment.
20When an offender is sentenced under a provision of law that
21requires the sentence to include a minimum term of imprisonment
22and the offender is committed to the custody of the sheriff to

 

 

SB3584- 2 -LRB097 19828 RLC 65103 b

1serve the sentence, the sheriff may place the offender in an
2electronic home detention program for service of that minimum
3term of imprisonment unless (i) the offender was convicted of
4an excluded offense or (ii) the court's sentencing order
5specifies that the minimum term of imprisonment shall be served
6in a county correctional facility.