Full Text of HB1115 101st General Assembly
HB1115eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning corrections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing 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 | 9 | | with
or convicted of an
excluded offense may not be placed in | 10 | | an electronic monitoring or home
detention program, except for | 11 | | bond pending trial or appeal or while on parole, aftercare | 12 | | release,
or mandatory supervised release.
| 13 | | (b) A person serving a sentence for a conviction of a Class | 14 | | 1 felony,
other than an excluded offense, may be placed in an | 15 | | electronic monitoring or home detention
program for a period | 16 | | not to exceed the last 90 days of incarceration.
| 17 | | (c) A person serving a sentence for a conviction
of a Class | 18 | | X felony, other than an excluded offense, may be placed
in an | 19 | | electronic monitoring or home detention program for a period | 20 | | not to exceed the last 90
days of incarceration, provided that | 21 | | the person was sentenced on or after August 11, 1993 (the
| 22 | | effective date of Public Act 88-311) and provided that the | 23 | | court has
not prohibited the program for the person in the |
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| 1 | | sentencing order.
| 2 | | (d) A person serving a sentence for conviction of an | 3 | | offense other than
for predatory criminal sexual assault of a | 4 | | child, aggravated criminal
sexual assault, criminal sexual | 5 | | assault, aggravated
criminal sexual abuse, or felony criminal | 6 | | sexual abuse, may be placed in an
electronic monitoring or home | 7 | | detention program for a period not to exceed the last 12 months
| 8 | | of incarceration, provided that (i) the person is 55 years of | 9 | | age or older;
(ii) the person is serving a determinate | 10 | | sentence; (iii) the person has served
at least 25% of the | 11 | | sentenced prison term; and (iv) placement in an electronic
| 12 | | monitoring or home detention program is approved by the | 13 | | Prisoner Review Board or the Department of Juvenile Justice.
| 14 | | (e) A person serving a sentence for conviction
of a Class | 15 | | 2, 3, or 4 felony offense which is not an excluded offense may | 16 | | be
placed in an
electronic monitoring or home detention program | 17 | | pursuant to Department administrative
directives. These | 18 | | directives shall encourage inmates to apply for electronic | 19 | | detention to incentivize positive behavior and program | 20 | | participation prior to and following their return to the | 21 | | community, consistent with Section 5-8A-4.2 of this Code. These | 22 | | directives shall not prohibit application solely for prior | 23 | | mandatory supervised release violation history, outstanding | 24 | | municipal warrants, current security classification, and prior | 25 | | criminal history, though these factors may be considered when | 26 | | reviewing individual applications in conjunction with |
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| 1 | | additional factors, such as the applicant's institution | 2 | | behavior, program participation, and reentry plan.
| 3 | | (f) Applications for electronic monitoring or home | 4 | | detention
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
| 15 | | subparagraph (iii) of paragraph (5.5) of subsection (f) shall | 16 | | wear an approved
electronic monitoring device as defined in | 17 | | Section 5-8A-2 that
has Global Positioning System (GPS) | 18 | | capability for the duration
of the person's parole, mandatory | 19 | | supervised release term, or
extended mandatory supervised | 20 | | release term. Individuals subject to electronic monitoring | 21 | | under subparagraph (ii) or (iv) of paragraph (5.5) of | 22 | | subsection (f) shall wear an approved electronic monitoring | 23 | | device 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 | 26 | | shall be placed in an electronic monitoring or
home detention |
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| 1 | | program for at least the first 2 years of the person's | 2 | | mandatory
supervised release term.
| 3 | | (Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; | 4 | | 100-201, eff. 8-18-17; 100-431, eff. 8-25-17; 100-575, eff. | 5 | | 1-8-18.)
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