Bill Text: IL HB2439 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that, in addition to the other requirements for eligibility for an electronic monitoring or home detention program, a person serving a sentence for conviction of an offense that is a Class X or Class 1 felony, 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 18 (rather than 12 months) of incarceration, provided that the person is 50 (rather than 55) years of age or older.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2025-02-04 - Referred to Rules Committee [HB2439 Detail]

Download: Illinois-2025-HB2439-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2439 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-8A-3 from Ch. 38, par. 1005-8A-3
Amends the Unified Code of Corrections. Provides that, in addition to the other requirements for eligibility for an electronic monitoring or home detention program, a person serving a sentence for conviction of an offense that is a Class X or Class 1 felony, 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 18 (rather than 12 months) of incarceration, provided that the person is 50 (rather than 55) years of age or older.
LRB104 08203 RLC 18253 b
A BILL FOR
HB2439 LRB104 08203 RLC 18253 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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

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sentencing order.
(d) A person serving a sentence for conviction of an
offense that is a Class X or Class 1 felony, 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 18 12 months of
incarceration, provided that (i) the person is 50 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

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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;
(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.)