Full Text of HB1115 101st General Assembly
HB1115ham002 101ST GENERAL ASSEMBLY | Rep. Carol Ammons Filed: 4/8/2019
| | 10100HB1115ham002 | | LRB101 03655 SLF 59436 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 1115
| 2 | | AMENDMENT NO. ______. Amend House Bill 1115, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Unified Code of Corrections is amended by | 6 | | changing 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 | 10 | | with
or convicted of an
excluded offense may not be placed in | 11 | | an electronic monitoring or home
detention program, except for | 12 | | bond pending trial or appeal or while on parole, aftercare | 13 | | release,
or mandatory supervised release.
| 14 | | (b) A person serving a sentence for a conviction of a Class | 15 | | 1 felony,
other than an excluded offense, may be placed in an | 16 | | electronic monitoring or home detention
program for a period |
| | | 10100HB1115ham002 | - 2 - | LRB101 03655 SLF 59436 a |
|
| 1 | | not to exceed the last 90 days of incarceration.
| 2 | | (c) A person serving a sentence for a conviction
of a Class | 3 | | X felony, other than an excluded offense, may be placed
in an | 4 | | electronic monitoring or home detention program for a period | 5 | | not to exceed the last 90
days of incarceration, provided that | 6 | | the person was sentenced on or after August 11, 1993 (the
| 7 | | effective date of Public Act 88-311) and provided that the | 8 | | court has
not prohibited the program for the person in the | 9 | | sentencing order.
| 10 | | (d) A person serving a sentence for conviction of an | 11 | | offense other than
for predatory criminal sexual assault of a | 12 | | child, aggravated criminal
sexual assault, criminal sexual | 13 | | assault, aggravated
criminal sexual abuse, or felony criminal | 14 | | sexual abuse, may be placed in an
electronic monitoring or home | 15 | | detention program for a period not to exceed the last 12 months
| 16 | | of incarceration, provided that (i) the person is 55 years of | 17 | | age or older;
(ii) the person is serving a determinate | 18 | | sentence; (iii) the person has served
at least 25% of the | 19 | | sentenced prison term; and (iv) placement in an electronic
| 20 | | monitoring or home detention program is approved by the | 21 | | Prisoner Review Board or the Department of Juvenile Justice.
| 22 | | (e) A person serving a sentence for conviction
of a Class | 23 | | 2, 3, or 4 felony offense which is not an excluded offense may | 24 | | be
placed in an
electronic monitoring or home detention program | 25 | | pursuant to Department administrative
directives. These | 26 | | directives shall encourage inmates to apply for electronic |
| | | 10100HB1115ham002 | - 3 - | LRB101 03655 SLF 59436 a |
|
| 1 | | detention to incentivize positive behavior and program | 2 | | participation prior to and following their return to the | 3 | | community, consistent with Section 5-8A-4.2 of this Code. These | 4 | | directives shall not prohibit application solely for prior | 5 | | mandatory supervised release violation history, outstanding | 6 | | municipal warrants, current security classification, and prior | 7 | | criminal history, though these factors may be considered when | 8 | | reviewing individual applications in conjunction with | 9 | | additional factors, such as the applicant's institution | 10 | | behavior, program participation, and reentry plan.
| 11 | | (f) Applications for electronic monitoring or home | 12 | | detention
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 |
| | | 10100HB1115ham002 | - 4 - | LRB101 03655 SLF 59436 a |
|
| 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 provided with documentation stating the | 18 | | nature of the violation for which they are being placed | 19 | | on electronic monitoring, as well as the less | 20 | | restrictive alternatives that have been attempted by | 21 | | the Department to correct the violation. Individuals | 22 | | placed on electronic monitoring as part of a graduated | 23 | | sanctions program shall be electronically monitored | 24 | | for no more than 60 days; | 25 | | (6) work release;
| 26 | | (7) furlough; or
|
| | | 10100HB1115ham002 | - 5 - | LRB101 03655 SLF 59436 a |
|
| 1 | | (8) post-trial incarceration.
| 2 | | (f-5) Individuals subject to electronic monitoring under | 3 | | paragraph (5.5) of subsection (f) shall wear an approved | 4 | | electronic monitoring device as defined in Section 5-8A-2 that | 5 | | has Global Positioning System (GPS) capability for the duration | 6 | | of the person's parole, mandatory supervised release term, or | 7 | | extended mandatory supervised release term. | 8 | | (g) A person convicted of an offense described in clause | 9 | | (4) or (5) of
subsection (d) of Section 5-8-1 of this Code | 10 | | shall be placed in an electronic monitoring or
home detention | 11 | | program for at least the first 2 years of the person's | 12 | | mandatory
supervised release term.
| 13 | | (Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; | 14 | | 100-201, eff. 8-18-17; 100-431, eff. 8-25-17; 100-575, eff. | 15 | | 1-8-18.)".
|
|