HB1115ham003 101ST GENERAL ASSEMBLY

Rep. Carol Ammons

Filed: 4/9/2019

10100HB1115ham003 LRB101 03655 SLF 59587 a

AMENDMENT TO HOUSE BILL 1115

AMENDMENT NO. ______. Amend House Bill 1115, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Unified Code of Corrections is amended by changing Section 5-8A-3 as follows:

(730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)

Sec. 5-8A-3. Application.

(a) Except as provided in subsection (d), a person charged with or convicted of an excluded offense may not be placed in an electronic monitoring or home detention program, except for bond pending trial or appeal or while on parole, aftercare release, or mandatory supervised release.

(b) A person serving a sentence for a conviction of a Class 1 felony, other than an excluded offense, may be placed in an electronic monitoring or home detention program for a period not to exceed the last 90 days of incarceration.

(c) A person serving a sentence for a conviction of a Class X felony, other than an excluded offense, may be placed in an electronic monitoring or home detention program for a period not to exceed the last 90 days of incarceration, provided that the person was sentenced on or after August 11, 1993 (the effective date of Public Act 88-311) and provided that the court has not prohibited the program for the person in the sentencing order.

(d) A person serving a sentence for conviction of an offense other than for predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse, or felony criminal sexual abuse, may be placed in an electronic monitoring or home detention program for a period not to exceed the last 12 months of incarceration, provided that (i) the person is 55 years of age or older; (ii) the person is serving a determinate sentence; (iii) the person has served at least 25% of the sentenced prison term; and (iv) placement in an electronic monitoring or home detention program is approved by the Prisoner Review Board or the Department of Juvenile Justice.

(e) A person serving a sentence for conviction of a Class 2, 3, or 4 felony offense which is not an excluded offense may be placed in an electronic monitoring or home detention program pursuant to Department administrative directives. These directives shall encourage inmates to apply for electronic detention to incentivize positive behavior and program participation prior to and following their return to the community, consistent with Section 5-8A-4.2 of this Code. These directives shall not prohibit application solely for prior mandatory supervised release violation history, outstanding municipal warrants, current security classification, and prior criminal history, though these factors may be considered when reviewing individual applications in conjunction with additional factors, such as the applicant's institution behavior, program participation, and reentry plan.

(f) Applications for electronic monitoring or home detention may include the following:

(1) pretrial or pre-adjudicatory detention;

(2) probation;

(3) conditional discharge;

(4) periodic imprisonment;

(5) parole, aftercare release, or mandatory supervised release;

(5.5) parole or mandatory supervised release, but only for individuals who:

(i) are subject to mandatory electronic monitoring by Section 5-8A-6 or 5-8A-7;

(ii) were convicted for an offense before January 1, 2007 that would have otherwise qualified the accused as a sexual predator under the Sex Offender Registration Act, but only if expressly ordered by the Prisoner Review Board;

(iii) were convicted for an offense, committed before August 11, 2009, of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child when the victim was under 18 years of age at the time of the commission of the offense and the defendant used force or the threat of force in the commission of the offense, but only if expressly ordered by the Prisoner Review Board; or

(iv) are ordered to be placed on electronic monitoring as part of a graduated sanctions program when all other less restrictive alternative sanctions have been exhausted. Individuals placed on electronic monitoring as part of a graduated sanctions program shall be electronically monitored for no more than 60 days;

(6) work release;

(7) furlough; or

(8) post-trial incarceration.

(f-5) Individuals subject to electronic monitoring under subparagraph (iii) of paragraph (5.5) of subsection (f) shall wear an approved electronic monitoring device as defined in Section 5-8A-2 that has Global Positioning System (GPS) capability for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term. Individuals subject to electronic monitoring under subparagraph (ii) or (iv) of paragraph (5.5) of subsection (f) shall wear an approved electronic monitoring device as defined in section 5-8A-2.

(g) A person convicted of an offense described in clause (4) or (5) of subsection (d) of Section 5-8-1 of this Code shall be placed in an electronic monitoring or home detention program for at least the first 2 years of the person's mandatory supervised release term.

(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17; 100-575, eff. 1-8-18.)".