Bill Text: IL HB3060 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Eliminates provision providing that an offender sentenced to a term of imprisonment for offenses where a period of probation, a term of periodic imprisonment, or conditional discharge may not be imposed under the Code shall not receive credit for time spent in home detention prior to judgment. Modifies definition of "custody" to include electronic home monitoring.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3060 Detail]

Download: Illinois-2019-HB3060-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3060 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-4.5-100
Amends the Unified Code of Corrections. Eliminates provision providing that an offender sentenced to a term of imprisonment for offenses where a period of probation, a term of periodic imprisonment, or conditional discharge may not be imposed under the Code shall not receive credit for time spent in home detention prior to judgment. Modifies definition of "custody" to include electronic home monitoring.
LRB101 11154 SLF 56386 b
A BILL FOR
HB3060 LRB101 11154 SLF 56386 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 5-4.5-100 as follows:
(730 ILCS 5/5-4.5-100)
Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT.
(a) COMMENCEMENT. A sentence of imprisonment shall
commence on the date on which the offender is received by the
Department or the institution at which the sentence is to be
served.
(b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set
forth in subsection (e), the offender shall be given credit on
the determinate sentence or maximum term and the minimum period
of imprisonment for the number of days spent in custody as a
result of the offense for which the sentence was imposed. The
Department shall calculate the credit at the rate specified in
Section 3-6-3 (730 ILCS 5/3-6-3). The Except when prohibited by
subsection (d), the trial court shall give credit to the
defendant for time spent in home detention on the same
sentencing terms as incarceration as provided in Section 5-8A-3
(730 ILCS 5/5-8A-3). The trial court may give credit to the
defendant for the number of days spent confined for psychiatric

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or substance abuse treatment prior to judgment, if the court
finds that the detention or confinement was custodial.
(c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender
arrested on one charge and prosecuted on another charge for
conduct that occurred prior to his or her arrest shall be given
credit on the determinate sentence or maximum term and the
minimum term of imprisonment for time spent in custody under
the former charge not credited against another sentence.
(c-5) CREDIT; PROGRAMMING. The trial court shall give the
defendant credit for successfully completing county
programming while in custody prior to imposition of sentence at
the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For the
purposes of this subsection, "custody" includes time spent in
home detention or electronic home monitoring under Section
5-8A-3.
(d) (Blank). NO CREDIT; SOME HOME DETENTION. An offender
sentenced to a term of imprisonment for an offense listed in
paragraph (2) of subsection (c) of Section 5-5-3 (730 ILCS
5/5-5-3) or in paragraph (3) of subsection (c-1) of Section
11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501) shall
not receive credit for time spent in home detention prior to
judgment.
(e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED
RELEASE, OR PROBATION. An offender charged with the commission
of an offense committed while on parole, mandatory supervised
release, or probation shall not be given credit for time spent

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in custody under subsection (b) for that offense for any time
spent in custody as a result of a revocation of parole,
mandatory supervised release, or probation where such
revocation is based on a sentence imposed for a previous
conviction, regardless of the facts upon which the revocation
of parole, mandatory supervised release, or probation is based,
unless both the State and the defendant agree that the time
served for a violation of mandatory supervised release, parole,
or probation shall be credited towards the sentence for the
current offense.
(Source: P.A. 96-1000, eff. 7-2-10; 97-697, eff. 6-22-12.)