Illinois General Assembly - Full Text of HB1115
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Full Text of HB1115  101st General Assembly




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1    AN ACT concerning corrections.
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-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.
13    (b) A person serving a sentence for a conviction of a Class
141 felony, other than an excluded offense, may be placed in an
15electronic monitoring or home detention program for a period
16not to exceed the last 90 days of incarceration.
17    (c) A person serving a sentence for a conviction of a Class
18X felony, other than an excluded offense, may be placed in an
19electronic monitoring or home detention program for a period
20not to exceed the last 90 days of incarceration, provided that
21the person was sentenced on or after August 11, 1993 (the
22effective date of Public Act 88-311) and provided that the
23court has not prohibited the program for the person in the



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1sentencing order.
2    (d) A person serving a sentence for conviction of an
3offense other than for predatory criminal sexual assault of a
4child, aggravated criminal sexual assault, criminal sexual
5assault, aggravated criminal sexual abuse, or felony criminal
6sexual abuse, may be placed in an electronic monitoring or home
7detention program for a period not to exceed the last 12 months
8of incarceration, provided that (i) the person is 55 years of
9age or older; (ii) the person is serving a determinate
10sentence; (iii) the person has served at least 25% of the
11sentenced prison term; and (iv) placement in an electronic
12monitoring or home detention program is approved by the
13Prisoner Review Board or the Department of Juvenile Justice.
14    (e) A person serving a sentence for conviction of a Class
152, 3, or 4 felony offense which is not an excluded offense may
16be placed in an electronic monitoring or home detention program
17pursuant to Department administrative directives. These
18directives shall encourage inmates to apply for electronic
19detention to incentivize positive behavior and program
20participation prior to and following their return to the
21community, consistent with Section 5-8A-4.2 of this Code. These
22directives shall not prohibit application solely for prior
23mandatory supervised release violation history, outstanding
24municipal warrants, current security classification, and prior
25criminal history, though these factors may be considered when
26reviewing individual applications in conjunction with



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1additional factors, such as the applicant's institution
2behavior, program participation, and reentry plan.
3    (f) Applications for electronic monitoring or home
4detention may include the following:
5        (1) pretrial or pre-adjudicatory detention;
6        (2) probation;
7        (3) conditional discharge;
8        (4) periodic imprisonment;
9        (5) parole, aftercare release, or mandatory supervised
10    release;
11        (5.5) parole or mandatory supervised release, but only
12    for individuals who:
13            (i) are subject to mandatory electronic monitoring
14        by Section 5-8A-6 or 5-8A-7;
15            (ii) were convicted for an offense before January
16        1, 2007 that would have otherwise qualified the accused
17        as a sexual predator under the Sex Offender
18        Registration Act, but only if expressly ordered by the
19        Prisoner Review Board;
20            (iii) were convicted for an offense, committed
21        before August 11, 2009, of criminal sexual assault,
22        aggravated criminal sexual assault, predatory criminal
23        sexual assault of a child, criminal sexual abuse,
24        aggravated criminal sexual abuse, or ritualized abuse
25        of a child when the victim was under 18 years of age at
26        the time of the commission of the offense and the



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1        defendant used force or the threat of force in the
2        commission of the offense, but only if expressly
3        ordered by the Prisoner Review Board; or
4            (iv) are ordered to be placed on electronic
5        monitoring as part of a graduated sanctions program
6        when all other less restrictive alternative sanctions
7        have been exhausted. Individuals placed on electronic
8        monitoring as part of a graduated sanctions program
9        shall be electronically monitored for no more than 60
10        days;
11        (6) work release;
12        (7) furlough; or
13        (8) post-trial incarceration.
14    (f-5) Individuals subject to electronic monitoring under
15subparagraph (iii) of paragraph (5.5) of subsection (f) shall
16wear an approved electronic monitoring device as defined in
17Section 5-8A-2 that has Global Positioning System (GPS)
18capability for the duration of the person's parole, mandatory
19supervised release term, or extended mandatory supervised
20release term. Individuals subject to electronic monitoring
21under subparagraph (ii) or (iv) of paragraph (5.5) of
22subsection (f) shall wear an approved electronic monitoring
23device as defined in section 5-8A-2.
24    (g) A person convicted of an offense described in clause
25(4) or (5) of subsection (d) of Section 5-8-1 of this Code
26shall be placed in an electronic monitoring or home detention



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1program for at least the first 2 years of the person's
2mandatory supervised release term.
3(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16;
4100-201, eff. 8-18-17; 100-431, eff. 8-25-17; 100-575, eff.