Bill Text: IL HB5794 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Deletes provision that at a minimum, any person ordered to pretrial home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than 2 days per week, to participate in basic activities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-02 - Referred to Rules Committee [HB5794 Detail]

Download: Illinois-2023-HB5794-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5794 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4
Amends the Unified Code of Corrections. Deletes provision that at a minimum, any person ordered to pretrial home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than 2 days per week, to participate in basic activities.
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A BILL FOR
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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-4 as follows:
(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
Sec. 5-8A-4. Program description. The supervising
authority may promulgate rules that prescribe reasonable
guidelines under which an electronic monitoring and home
detention program shall operate. When using electronic
monitoring for home detention these rules may include, but not
be limited to, the following:
(A) The participant may be instructed to remain within
the interior premises or within the property boundaries of
his or her residence at all times during the hours
designated by the supervising authority. Such instances of
approved absences from the home shall include, but are not
limited to, the following:
(1) working or employment approved by the court or
traveling to or from approved employment;
(2) unemployed and seeking employment approved for
the participant by the court;
(3) undergoing medical, psychiatric, mental health

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treatment, counseling, or other treatment programs
approved for the participant by the court;
(4) attending an educational institution or a
program approved for the participant by the court;
(5) attending a regularly scheduled religious
service at a place of worship;
(6) participating in community work release or
community service programs approved for the
participant by the supervising authority;
(7) for another compelling reason consistent with
the public interest, as approved by the supervising
authority; or
(8) purchasing groceries, food, or other basic
necessities.
(A-1) (Blank). At a minimum, any person ordered to
pretrial home confinement with or without electronic
monitoring must be provided with movement spread out over
no fewer than two days per week, to participate in basic
activities such as those listed in paragraph (A). In this
subdivision (A-1), "days" means a reasonable time period
during a calendar day, as outlined by the court in the
order placing the person on home confinement.
(B) The participant shall admit any person or agent
designated by the supervising authority into his or her
residence at any time for purposes of verifying the
participant's compliance with the conditions of his or her

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detention.
(C) The participant shall make the necessary
arrangements to allow for any person or agent designated
by the supervising authority to visit the participant's
place of education or employment at any time, based upon
the approval of the educational institution employer or
both, for the purpose of verifying the participant's
compliance with the conditions of his or her detention.
(D) The participant shall acknowledge and participate
with the approved electronic monitoring device as
designated by the supervising authority at any time for
the purpose of verifying the participant's compliance with
the conditions of his or her detention.
(E) The participant shall maintain the following:
(1) access to a working telephone;
(2) a monitoring device in the participant's home,
or on the participant's person, or both; and
(3) a monitoring device in the participant's home
and on the participant's person in the absence of a
telephone.
(F) The participant shall obtain approval from the
supervising authority before the participant changes
residence or the schedule described in subsection (A) of
this Section. Such approval shall not be unreasonably
withheld.
(G) The participant shall not commit another crime

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