Illinois Compiled Statutes
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730 ILCS 5/5-8A-3
(730 ILCS 5/5-8A-3)
(from Ch. 38, par. 1005-8A-3)
(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;
(3) conditional discharge;
(4) periodic imprisonment;
(5) parole, aftercare release, or mandatory
(6) work release;
(7) furlough; or
(8) post-trial incarceration.
(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.)