Bill Text: IL HB1115 | 2019-2020 | 101st General Assembly | Engrossed
Bill Title: Amends the Unified Code of Corrections. Provides that applications for electronic monitoring or home detention may include parole or mandatory supervised release, but only for individuals who: (1) are subject to mandatory electronic monitoring; (2) 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; (3) 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 (4) 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. Makes other changes.
Spectrum: Strong Partisan Bill (Democrat 57-3)
Status: (Engrossed - Dead) 2020-04-12 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB1115 Detail]
Download: Illinois-2019-HB1115-Engrossed.html
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1 | AN ACT concerning corrections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 5-8A-3 as follows:
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6 | (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
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7 | Sec. 5-8A-3. Application.
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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.
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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.
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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
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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.
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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
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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
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12 | monitoring or home detention program is approved by the | ||||||
13 | Prisoner Review Board or the Department of Juvenile Justice.
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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.
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3 | (f) Applications for electronic monitoring or home | ||||||
4 | detention
may include the following:
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5 | (1) pretrial or pre-adjudicatory detention;
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6 | (2) probation;
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7 | (3) conditional discharge;
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8 | (4) periodic imprisonment;
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9 | (5) parole, aftercare release , or mandatory supervised | ||||||
10 | release ;
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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;
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12 | (7) furlough; or
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13 | (8) post-trial incarceration.
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14 | (f-5) Individuals subject to electronic monitoring under
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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.
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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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