Bill Text: IL SB1399 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Juvenile Drug Treatment Act. Provides that the drug court treatment program may also, subject to the approval of the Chief Judge of the Circuit, establish a program for electronic monitoring of juveniles with regard to drug-related and alcohol-related offenses. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Enrolled) 2017-06-29 - Sent to the Governor [SB1399 Detail]

Download: Illinois-2017-SB1399-Enrolled.html



SB1399 EnrolledLRB100 10078 SLF 20250 b
1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 3. The Juvenile Court Act of 1987 is amended by
5changing the heading of Part 7A of Article V and by changing
6Sections 5-710, 5-7A-101, 5-7A-110, 5-7A-115, 5-7A-120, and
75-7A-125 as follows:
8 (705 ILCS 405/5-710)
9 Sec. 5-710. Kinds of sentencing orders.
10 (1) The following kinds of sentencing orders may be made in
11respect of wards of the court:
12 (a) Except as provided in Sections 5-805, 5-810, and
13 5-815, a minor who is found guilty under Section 5-620 may
14 be:
15 (i) put on probation or conditional discharge and
16 released to his or her parents, guardian or legal
17 custodian, provided, however, that any such minor who
18 is not committed to the Department of Juvenile Justice
19 under this subsection and who is found to be a
20 delinquent for an offense which is first degree murder,
21 a Class X felony, or a forcible felony shall be placed
22 on probation;
23 (ii) placed in accordance with Section 5-740, with

SB1399 Enrolled- 2 -LRB100 10078 SLF 20250 b
1 or without also being put on probation or conditional
2 discharge;
3 (iii) required to undergo a substance abuse
4 assessment conducted by a licensed provider and
5 participate in the indicated clinical level of care;
6 (iv) on and after the effective date of this
7 amendatory Act of the 98th General Assembly and before
8 January 1, 2017, placed in the guardianship of the
9 Department of Children and Family Services, but only if
10 the delinquent minor is under 16 years of age or,
11 pursuant to Article II of this Act, a minor for whom an
12 independent basis of abuse, neglect, or dependency
13 exists. On and after January 1, 2017, placed in the
14 guardianship of the Department of Children and Family
15 Services, but only if the delinquent minor is under 15
16 years of age or, pursuant to Article II of this Act, a
17 minor for whom an independent basis of abuse, neglect,
18 or dependency exists. An independent basis exists when
19 the allegations or adjudication of abuse, neglect, or
20 dependency do not arise from the same facts, incident,
21 or circumstances which give rise to a charge or
22 adjudication of delinquency;
23 (v) placed in detention for a period not to exceed
24 30 days, either as the exclusive order of disposition
25 or, where appropriate, in conjunction with any other
26 order of disposition issued under this paragraph,

SB1399 Enrolled- 3 -LRB100 10078 SLF 20250 b
1 provided that any such detention shall be in a juvenile
2 detention home and the minor so detained shall be 10
3 years of age or older. However, the 30-day limitation
4 may be extended by further order of the court for a
5 minor under age 15 committed to the Department of
6 Children and Family Services if the court finds that
7 the minor is a danger to himself or others. The minor
8 shall be given credit on the sentencing order of
9 detention for time spent in detention under Sections
10 5-501, 5-601, 5-710, or 5-720 of this Article as a
11 result of the offense for which the sentencing order
12 was imposed. The court may grant credit on a sentencing
13 order of detention entered under a violation of
14 probation or violation of conditional discharge under
15 Section 5-720 of this Article for time spent in
16 detention before the filing of the petition alleging
17 the violation. A minor shall not be deprived of credit
18 for time spent in detention before the filing of a
19 violation of probation or conditional discharge
20 alleging the same or related act or acts. The
21 limitation that the minor shall only be placed in a
22 juvenile detention home does not apply as follows:
23 Persons 18 years of age and older who have a
24 petition of delinquency filed against them may be
25 confined in an adult detention facility. In making a
26 determination whether to confine a person 18 years of

SB1399 Enrolled- 4 -LRB100 10078 SLF 20250 b
1 age or older who has a petition of delinquency filed
2 against the person, these factors, among other
3 matters, shall be considered:
4 (A) the age of the person;
5 (B) any previous delinquent or criminal
6 history of the person;
7 (C) any previous abuse or neglect history of
8 the person;
9 (D) any mental health history of the person;
10 and
11 (E) any educational history of the person;
12 (vi) ordered partially or completely emancipated
13 in accordance with the provisions of the Emancipation
14 of Minors Act;
15 (vii) subject to having his or her driver's license
16 or driving privileges suspended for such time as
17 determined by the court but only until he or she
18 attains 18 years of age;
19 (viii) put on probation or conditional discharge
20 and placed in detention under Section 3-6039 of the
21 Counties Code for a period not to exceed the period of
22 incarceration permitted by law for adults found guilty
23 of the same offense or offenses for which the minor was
24 adjudicated delinquent, and in any event no longer than
25 upon attainment of age 21; this subdivision (viii)
26 notwithstanding any contrary provision of the law;

SB1399 Enrolled- 5 -LRB100 10078 SLF 20250 b
1 (ix) ordered to undergo a medical or other
2 procedure to have a tattoo symbolizing allegiance to a
3 street gang removed from his or her body; or
4 (x) placed in electronic monitoring or home
5 detention under Part 7A of this Article.
6 (b) A minor found to be guilty may be committed to the
7 Department of Juvenile Justice under Section 5-750 if the
8 minor is at least 13 years and under 20 years of age,
9 provided that the commitment to the Department of Juvenile
10 Justice shall be made only if the minor was found guilty of
11 a felony offense or first degree murder. The court shall
12 include in the sentencing order any pre-custody credits the
13 minor is entitled to under Section 5-4.5-100 of the Unified
14 Code of Corrections. The time during which a minor is in
15 custody before being released upon the request of a parent,
16 guardian or legal custodian shall also be considered as
17 time spent in custody.
18 (c) When a minor is found to be guilty for an offense
19 which is a violation of the Illinois Controlled Substances
20 Act, the Cannabis Control Act, or the Methamphetamine
21 Control and Community Protection Act and made a ward of the
22 court, the court may enter a disposition order requiring
23 the minor to undergo assessment, counseling or treatment in
24 a substance abuse program approved by the Department of
25 Human Services.
26 (2) Any sentencing order other than commitment to the

SB1399 Enrolled- 6 -LRB100 10078 SLF 20250 b
1Department of Juvenile Justice may provide for protective
2supervision under Section 5-725 and may include an order of
3protection under Section 5-730.
4 (3) Unless the sentencing order expressly so provides, it
5does not operate to close proceedings on the pending petition,
6but is subject to modification until final closing and
7discharge of the proceedings under Section 5-750.
8 (4) In addition to any other sentence, the court may order
9any minor found to be delinquent to make restitution, in
10monetary or non-monetary form, under the terms and conditions
11of Section 5-5-6 of the Unified Code of Corrections, except
12that the "presentencing hearing" referred to in that Section
13shall be the sentencing hearing for purposes of this Section.
14The parent, guardian or legal custodian of the minor may be
15ordered by the court to pay some or all of the restitution on
16the minor's behalf, pursuant to the Parental Responsibility
17Law. The State's Attorney is authorized to act on behalf of any
18victim in seeking restitution in proceedings under this
19Section, up to the maximum amount allowed in Section 5 of the
20Parental Responsibility Law.
21 (5) Any sentencing order where the minor is committed or
22placed in accordance with Section 5-740 shall provide for the
23parents or guardian of the estate of the minor to pay to the
24legal custodian or guardian of the person of the minor such
25sums as are determined by the custodian or guardian of the
26person of the minor as necessary for the minor's needs. The

SB1399 Enrolled- 7 -LRB100 10078 SLF 20250 b
1payments may not exceed the maximum amounts provided for by
2Section 9.1 of the Children and Family Services Act.
3 (6) Whenever the sentencing order requires the minor to
4attend school or participate in a program of training, the
5truant officer or designated school official shall regularly
6report to the court if the minor is a chronic or habitual
7truant under Section 26-2a of the School Code. Notwithstanding
8any other provision of this Act, in instances in which
9educational services are to be provided to a minor in a
10residential facility where the minor has been placed by the
11court, costs incurred in the provision of those educational
12services must be allocated based on the requirements of the
13School Code.
14 (7) In no event shall a guilty minor be committed to the
15Department of Juvenile Justice for a period of time in excess
16of that period for which an adult could be committed for the
17same act. The court shall include in the sentencing order a
18limitation on the period of confinement not to exceed the
19maximum period of imprisonment the court could impose under
20Article V of the Unified Code of Corrections.
21 (7.5) In no event shall a guilty minor be committed to the
22Department of Juvenile Justice or placed in detention when the
23act for which the minor was adjudicated delinquent would not be
24illegal if committed by an adult.
25 (7.6) In no event shall a guilty minor be committed to the
26Department of Juvenile Justice for an offense which is a Class

SB1399 Enrolled- 8 -LRB100 10078 SLF 20250 b
14 felony under Section 19-4 (criminal trespass to a residence),
221-1 (criminal damage to property), 21-1.01 (criminal damage to
3government supported property), 21-1.3 (criminal defacement of
4property), 26-1 (disorderly conduct), or 31-4 (obstructing
5justice), of the Criminal Code of 2012.
6 (7.75) In no event shall a guilty minor be committed to the
7Department of Juvenile Justice for an offense that is a Class 3
8or Class 4 felony violation of the Illinois Controlled
9Substances Act unless the commitment occurs upon a third or
10subsequent judicial finding of a violation of probation for
11substantial noncompliance with court-ordered court ordered
12treatment or programming.
13 (8) A minor found to be guilty for reasons that include a
14violation of Section 21-1.3 of the Criminal Code of 1961 or the
15Criminal Code of 2012 shall be ordered to perform community
16service for not less than 30 and not more than 120 hours, if
17community service is available in the jurisdiction. The
18community service shall include, but need not be limited to,
19the cleanup and repair of the damage that was caused by the
20violation or similar damage to property located in the
21municipality or county in which the violation occurred. The
22order may be in addition to any other order authorized by this
23Section.
24 (8.5) A minor found to be guilty for reasons that include a
25violation of Section 3.02 or Section 3.03 of the Humane Care
26for Animals Act or paragraph (d) of subsection (1) of Section

SB1399 Enrolled- 9 -LRB100 10078 SLF 20250 b
121-1 of the Criminal Code of 1961 or paragraph (4) of
2subsection (a) of Section 21-1 of the Criminal Code of 2012
3shall be ordered to undergo medical or psychiatric treatment
4rendered by a psychiatrist or psychological treatment rendered
5by a clinical psychologist. The order may be in addition to any
6other order authorized by this Section.
7 (9) In addition to any other sentencing order, the court
8shall order any minor found to be guilty for an act which would
9constitute, predatory criminal sexual assault of a child,
10aggravated criminal sexual assault, criminal sexual assault,
11aggravated criminal sexual abuse, or criminal sexual abuse if
12committed by an adult to undergo medical testing to determine
13whether the defendant has any sexually transmissible disease
14including a test for infection with human immunodeficiency
15virus (HIV) or any other identified causative agency of
16acquired immunodeficiency syndrome (AIDS). Any medical test
17shall be performed only by appropriately licensed medical
18practitioners and may include an analysis of any bodily fluids
19as well as an examination of the minor's person. Except as
20otherwise provided by law, the results of the test shall be
21kept strictly confidential by all medical personnel involved in
22the testing and must be personally delivered in a sealed
23envelope to the judge of the court in which the sentencing
24order was entered for the judge's inspection in camera. Acting
25in accordance with the best interests of the victim and the
26public, the judge shall have the discretion to determine to

SB1399 Enrolled- 10 -LRB100 10078 SLF 20250 b
1whom the results of the testing may be revealed. The court
2shall notify the minor of the results of the test for infection
3with the human immunodeficiency virus (HIV). The court shall
4also notify the victim if requested by the victim, and if the
5victim is under the age of 15 and if requested by the victim's
6parents or legal guardian, the court shall notify the victim's
7parents or the legal guardian, of the results of the test for
8infection with the human immunodeficiency virus (HIV). The
9court shall provide information on the availability of HIV
10testing and counseling at the Department of Public Health
11facilities to all parties to whom the results of the testing
12are revealed. The court shall order that the cost of any test
13shall be paid by the county and may be taxed as costs against
14the minor.
15 (10) When a court finds a minor to be guilty the court
16shall, before entering a sentencing order under this Section,
17make a finding whether the offense committed either: (a) was
18related to or in furtherance of the criminal activities of an
19organized gang or was motivated by the minor's membership in or
20allegiance to an organized gang, or (b) involved a violation of
21subsection (a) of Section 12-7.1 of the Criminal Code of 1961
22or the Criminal Code of 2012, a violation of any Section of
23Article 24 of the Criminal Code of 1961 or the Criminal Code of
242012, or a violation of any statute that involved the wrongful
25use of a firearm. If the court determines the question in the
26affirmative, and the court does not commit the minor to the

SB1399 Enrolled- 11 -LRB100 10078 SLF 20250 b
1Department of Juvenile Justice, the court shall order the minor
2to perform community service for not less than 30 hours nor
3more than 120 hours, provided that community service is
4available in the jurisdiction and is funded and approved by the
5county board of the county where the offense was committed. The
6community service shall include, but need not be limited to,
7the cleanup and repair of any damage caused by a violation of
8Section 21-1.3 of the Criminal Code of 1961 or the Criminal
9Code of 2012 and similar damage to property located in the
10municipality or county in which the violation occurred. When
11possible and reasonable, the community service shall be
12performed in the minor's neighborhood. This order shall be in
13addition to any other order authorized by this Section except
14for an order to place the minor in the custody of the
15Department of Juvenile Justice. For the purposes of this
16Section, "organized gang" has the meaning ascribed to it in
17Section 10 of the Illinois Streetgang Terrorism Omnibus
18Prevention Act.
19 (11) If the court determines that the offense was committed
20in furtherance of the criminal activities of an organized gang,
21as provided in subsection (10), and that the offense involved
22the operation or use of a motor vehicle or the use of a
23driver's license or permit, the court shall notify the
24Secretary of State of that determination and of the period for
25which the minor shall be denied driving privileges. If, at the
26time of the determination, the minor does not hold a driver's

SB1399 Enrolled- 12 -LRB100 10078 SLF 20250 b
1license or permit, the court shall provide that the minor shall
2not be issued a driver's license or permit until his or her
318th birthday. If the minor holds a driver's license or permit
4at the time of the determination, the court shall provide that
5the minor's driver's license or permit shall be revoked until
6his or her 21st birthday, or until a later date or occurrence
7determined by the court. If the minor holds a driver's license
8at the time of the determination, the court may direct the
9Secretary of State to issue the minor a judicial driving
10permit, also known as a JDP. The JDP shall be subject to the
11same terms as a JDP issued under Section 6-206.1 of the
12Illinois Vehicle Code, except that the court may direct that
13the JDP be effective immediately.
14 (12) If a minor is found to be guilty of a violation of
15subsection (a-7) of Section 1 of the Prevention of Tobacco Use
16by Minors Act, the court may, in its discretion, and upon
17recommendation by the State's Attorney, order that minor and
18his or her parents or legal guardian to attend a smoker's
19education or youth diversion program as defined in that Act if
20that program is available in the jurisdiction where the
21offender resides. Attendance at a smoker's education or youth
22diversion program shall be time-credited against any community
23service time imposed for any first violation of subsection
24(a-7) of Section 1 of that Act. In addition to any other
25penalty that the court may impose for a violation of subsection
26(a-7) of Section 1 of that Act, the court, upon request by the

SB1399 Enrolled- 13 -LRB100 10078 SLF 20250 b
1State's Attorney, may in its discretion require the offender to
2remit a fee for his or her attendance at a smoker's education
3or youth diversion program.
4 For purposes of this Section, "smoker's education program"
5or "youth diversion program" includes, but is not limited to, a
6seminar designed to educate a person on the physical and
7psychological effects of smoking tobacco products and the
8health consequences of smoking tobacco products that can be
9conducted with a locality's youth diversion program.
10 In addition to any other penalty that the court may impose
11under this subsection (12):
12 (a) If a minor violates subsection (a-7) of Section 1
13 of the Prevention of Tobacco Use by Minors Act, the court
14 may impose a sentence of 15 hours of community service or a
15 fine of $25 for a first violation.
16 (b) A second violation by a minor of subsection (a-7)
17 of Section 1 of that Act that occurs within 12 months after
18 the first violation is punishable by a fine of $50 and 25
19 hours of community service.
20 (c) A third or subsequent violation by a minor of
21 subsection (a-7) of Section 1 of that Act that occurs
22 within 12 months after the first violation is punishable by
23 a $100 fine and 30 hours of community service.
24 (d) Any second or subsequent violation not within the
25 12-month time period after the first violation is
26 punishable as provided for a first violation.

SB1399 Enrolled- 14 -LRB100 10078 SLF 20250 b
1(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;
299-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, eff. 1-1-17;
3revised 9-2-16.)
4 (705 ILCS 405/Art. V Pt. 7A heading)
5
PART 7A. JUVENILE ELECTRONIC MONITORING AND HOME DETENTION LAW
6(Source: P.A. 96-293, eff. 1-1-10.)
7 (705 ILCS 405/5-7A-101)
8 Sec. 5-7A-101. Short title. This Part may be cited as the
9Juvenile Electronic Monitoring and Home Detention Law.
10(Source: P.A. 96-293, eff. 1-1-10.)
11 (705 ILCS 405/5-7A-110)
12 Sec. 5-7A-110. Application.
13 (a) Except as provided in subsection (d), a minor subject
14to an adjudicatory hearing or adjudicated delinquent for an act
15that if committed by an adult would be an excluded offense may
16not be placed in an electronic monitoring or home detention
17program, except upon order of the court upon good cause shown.
18 (b) A minor adjudicated delinquent for an act that if
19committed by an adult would be a Class 1 felony, other than an
20excluded offense, may be placed in an electronic monitoring or
21home detention program.
22 (c) A minor adjudicated delinquent for an act that if
23committed by an adult would be a Class X felony, other than an

SB1399 Enrolled- 15 -LRB100 10078 SLF 20250 b
1excluded offense, may be placed in an electronic monitoring or
2home detention program, provided that the person was sentenced
3on or after the effective date of this amendatory Act of the
496th General Assembly and provided that the court has not
5prohibited the program for the minor in the sentencing order.
6 (d) Applications for electronic monitoring or home
7detention may include the following:
8 (1) pre-adjudicatory detention;
9 (2) probation;
10 (3) furlough;
11 (4) post-trial incarceration; or
12 (5) any other disposition under this Article.
13(Source: P.A. 96-293, eff. 1-1-10.)
14 (705 ILCS 405/5-7A-115)
15 Sec. 5-7A-115. Program description. The supervising
16authority may promulgate rules that prescribe reasonable
17guidelines under which an electronic monitoring and home
18detention program shall operate. These rules shall include, but
19not be limited, to, the following:
20 (A) The participant shall remain within the interior
21 premises or within the property boundaries of his or her
22 residence at all times during the hours designated by the
23 supervising authority. Such instances of approved absences
24 from the home may include, but are not limited to, the
25 following:

SB1399 Enrolled- 16 -LRB100 10078 SLF 20250 b
1 (1) working or employment approved by the court or
2 traveling to or from approved employment;
3 (2) unemployed and seeking employment approved for
4 the participant by the court;
5 (3) undergoing medical, psychiatric, mental health
6 treatment, counseling, or other treatment programs
7 approved for the participant by the court;
8 (4) attending an educational institution or a
9 program approved for the participant by the court;
10 (5) attending a regularly scheduled religious
11 service at a place of worship;
12 (6) participating in community work release or
13 community service programs approved for the
14 participant by the supervising authority; or
15 (7) for another compelling reason consistent with
16 the public interest, as approved by the supervising
17 authority.
18 (B) The participant shall admit any person or agent
19 designated by the supervising authority into his or her
20 residence at any time for purposes of verifying the
21 participant's compliance with the conditions of his or her
22 detention.
23 (C) The participant shall make the necessary
24 arrangements to allow for any person or agent designated by
25 the supervising authority to visit the participant's place
26 of education or employment at any time, based upon the

SB1399 Enrolled- 17 -LRB100 10078 SLF 20250 b
1 approval of the educational institution or employer or
2 both, for the purpose of verifying the participant's
3 compliance with the conditions of his or her detention.
4 (D) The participant shall acknowledge and participate
5 with the approved electronic monitoring device as
6 designated by the supervising authority at any time for the
7 purpose of verifying the participant's compliance with the
8 conditions of his or her detention.
9 (E) The participant shall maintain the following:
10 (1) a working telephone in the participant's home;
11 (2) a monitoring device in the participant's home,
12 or on the participant's person, or both; and
13 (3) a monitoring device in the participant's home
14 and on the participant's person in the absence of a
15 telephone.
16 (F) The participant shall obtain approval from the
17 supervising authority before the participant changes
18 residence or the schedule described in paragraph (A) of
19 this Section.
20 (G) The participant shall not commit another act that
21 if committed by an adult would constitute a crime during
22 the period of home detention ordered by the court.
23 (H) Notice to the participant that violation of the
24 order for home detention may subject the participant to an
25 adjudicatory hearing for escape as described in Section
26 5-7A-120.

SB1399 Enrolled- 18 -LRB100 10078 SLF 20250 b
1 (I) The participant shall abide by other conditions as
2 set by the supervising authority.
3(Source: P.A. 96-293, eff. 1-1-10; revised 10-25-16.)
4 (705 ILCS 405/5-7A-120)
5 Sec. 5-7A-120. Escape; failure to comply with a condition
6of the juvenile electronic home monitoring or home detention
7program. A minor charged with or adjudicated delinquent for an
8act that, if committed by an adult, would constitute a felony
9or misdemeanor, conditionally released from the supervising
10authority through a juvenile electronic home monitoring or home
11detention program, who knowingly violates a condition of the
12juvenile electronic home monitoring or home detention program
13shall be adjudicated a delinquent minor for such act and shall
14be subject to an additional sentencing order under Section
155-710.
16(Source: P.A. 96-293, eff. 1-1-10; 97-333, eff. 8-12-11.)
17 (705 ILCS 405/5-7A-125)
18 Sec. 5-7A-125. Consent of the participant. Before entering
19an order for commitment for juvenile electronic monitoring home
20detention, the supervising authority shall inform the
21participant and other persons residing in the home of the
22nature and extent of the approved electronic monitoring devices
23by doing the following:
24 (A) Securing the written consent of the participant in

SB1399 Enrolled- 19 -LRB100 10078 SLF 20250 b
1 the program to comply with the rules and regulations of the
2 program as stipulated in paragraphs (A) through (I) of
3 Section 5-7A-115.
4 (B) Where possible, securing the written consent of
5 other persons residing in the home of the participant,
6 including the parent or legal guardian of the minor and of
7 the person in whose name the telephone is registered, at
8 the time of the order for or commitment for electronic
9 monitoring home detention is entered and acknowledge the
10 nature and extent of approved electronic monitoring
11 devices.
12 (C) Ensure that the approved electronic devices are
13 minimally intrusive upon the privacy of the participant and
14 other persons residing in the home while remaining in
15 compliance with paragraphs (B) through (D) of Section
16 5-7A-115.
17(Source: P.A. 96-293, eff. 1-1-10; 97-333, eff. 8-12-11.)
18 Section 5. The Juvenile Drug Court Treatment Act is amended
19by adding Section 40 as follows:
20 (705 ILCS 410/40 new)
21 Sec. 40. Electronic monitoring. The drug court program may
22also, subject to the approval of the Chief Judge of the
23Circuit, establish a program for electronic monitoring of
24juveniles subject to the jurisdiction of the juvenile drug

SB1399 Enrolled- 20 -LRB100 10078 SLF 20250 b
1court program as a less restrictive alternative to detention,
2consistent with any available evidence-based risk assessment
3or substance abuse treatment eligibility screening.
4 Section 10. The Criminal Code of 2012 is amended by
5changing Section 11-9.2 as follows:
6 (720 ILCS 5/11-9.2)
7 Sec. 11-9.2. Custodial sexual misconduct.
8 (a) A person commits custodial sexual misconduct when: (1)
9he or she is an employee of a penal system and engages in
10sexual conduct or sexual penetration with a person who is in
11the custody of that penal system or (2) he or she is an
12employee of a treatment and detention facility and engages in
13sexual conduct or sexual penetration with a person who is in
14the custody of that treatment and detention facility.
15 (b) A probation or supervising officer, surveillance
16agent, or aftercare specialist commits custodial sexual
17misconduct when the probation or supervising officer,
18surveillance agent, or aftercare specialist engages in sexual
19conduct or sexual penetration with a probationer, parolee, or
20releasee or person serving a term of conditional release who is
21under the supervisory, disciplinary, or custodial authority of
22the officer or agent or employee so engaging in the sexual
23conduct or sexual penetration.
24 (c) Custodial sexual misconduct is a Class 3 felony.

SB1399 Enrolled- 21 -LRB100 10078 SLF 20250 b
1 (d) Any person convicted of violating this Section
2immediately shall forfeit his or her employment with a penal
3system, treatment and detention facility, or conditional
4release program.
5 (e) For purposes of this Section, the consent of the
6probationer, parolee, releasee, or inmate in custody of the
7penal system or person detained or civilly committed under the
8Sexually Violent Persons Commitment Act shall not be a defense
9to a prosecution under this Section. A person is deemed
10incapable of consent, for purposes of this Section, when he or
11she is a probationer, parolee, releasee, or inmate in custody
12of a penal system or person detained or civilly committed under
13the Sexually Violent Persons Commitment Act.
14 (f) This Section does not apply to:
15 (1) Any employee, probation or supervising officer,
16 surveillance agent, or aftercare specialist who is
17 lawfully married to a person in custody if the marriage
18 occurred before the date of custody.
19 (2) Any employee, probation or supervising officer,
20 surveillance agent, or aftercare specialist who has no
21 knowledge, and would have no reason to believe, that the
22 person with whom he or she engaged in custodial sexual
23 misconduct was a person in custody.
24 (g) In this Section:
25 (0.5) "Aftercare specialist" means any person employed
26 by the Department of Juvenile Justice to supervise and

SB1399 Enrolled- 22 -LRB100 10078 SLF 20250 b
1 facilitate services for persons placed on aftercare
2 release.
3 (1) "Custody" means:
4 (i) pretrial incarceration or detention;
5 (ii) incarceration or detention under a sentence
6 or commitment to a State or local penal institution;
7 (iii) parole, aftercare release, or mandatory
8 supervised release;
9 (iv) electronic monitoring or home detention;
10 (v) probation;
11 (vi) detention or civil commitment either in
12 secure care or in the community under the Sexually
13 Violent Persons Commitment Act.
14 (2) "Penal system" means any system which includes
15 institutions as defined in Section 2-14 of this Code or a
16 county shelter care or detention home established under
17 Section 1 of the County Shelter Care and Detention Home
18 Act.
19 (2.1) "Treatment and detention facility" means any
20 Department of Human Services facility established for the
21 detention or civil commitment of persons under the Sexually
22 Violent Persons Commitment Act.
23 (2.2) "Conditional release" means a program of
24 treatment and services, vocational services, and alcohol
25 or other drug abuse treatment provided to any person
26 civilly committed and conditionally released to the

SB1399 Enrolled- 23 -LRB100 10078 SLF 20250 b
1 community under the Sexually Violent Persons Commitment
2 Act;
3 (3) "Employee" means:
4 (i) an employee of any governmental agency of this
5 State or any county or municipal corporation that has
6 by statute, ordinance, or court order the
7 responsibility for the care, control, or supervision
8 of pretrial or sentenced persons in a penal system or
9 persons detained or civilly committed under the
10 Sexually Violent Persons Commitment Act;
11 (ii) a contractual employee of a penal system as
12 defined in paragraph (g)(2) of this Section who works
13 in a penal institution as defined in Section 2-14 of
14 this Code;
15 (iii) a contractual employee of a "treatment and
16 detention facility" as defined in paragraph (g)(2.1)
17 of this Code or a contractual employee of the
18 Department of Human Services who provides supervision
19 of persons serving a term of conditional release as
20 defined in paragraph (g)(2.2) of this Code.
21 (4) "Sexual conduct" or "sexual penetration" means any
22 act of sexual conduct or sexual penetration as defined in
23 Section 11-0.1 of this Code.
24 (5) "Probation officer" means any person employed in a
25 probation or court services department as defined in
26 Section 9b of the Probation and Probation Officers Act.

SB1399 Enrolled- 24 -LRB100 10078 SLF 20250 b
1 (6) "Supervising officer" means any person employed to
2 supervise persons placed on parole or mandatory supervised
3 release with the duties described in Section 3-14-2 of the
4 Unified Code of Corrections.
5 (7) "Surveillance agent" means any person employed or
6 contracted to supervise persons placed on conditional
7 release in the community under the Sexually Violent Persons
8 Commitment Act.
9(Source: P.A. 98-558, eff. 1-1-14.)
10 Section 15. The Unified Code of Corrections is amended by
11changing Sections 5-1-10, 5-4.5-20, 5-4.5-25, 5-4.5-30,
125-4.5-35, 5-4.5-40, 5-4.5-45, 5-4.5-55, 5-4.5-60, 5-4.5-65,
135-8-1, 5-8A-3, 5-8A-4.1, 5-8A-5, and 5-8A-6 as follows:
14 (730 ILCS 5/5-1-10) (from Ch. 38, par. 1005-1-10)
15 Sec. 5-1-10. Imprisonment. "Imprisonment" means
16incarceration in a correctional institution under a sentence of
17imprisonment and does not include "periodic imprisonment"
18under Article 7. "Imprisonment" also includes electronic
19monitoring or home detention served by an offender after (i)
20the offender has been committed to the custody of the sheriff
21to serve the sentence and (ii) the sheriff has placed the
22offender in an electronic monitoring or home detention program
23in accordance with Article 8A of Chapter V of this Code.
24(Source: P.A. 98-161, eff. 1-1-14.)

SB1399 Enrolled- 25 -LRB100 10078 SLF 20250 b
1 (730 ILCS 5/5-4.5-20)
2 Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
3degree murder:
4 (a) TERM. The defendant shall be sentenced to imprisonment
5or, if appropriate, death under Section 9-1 of the Criminal
6Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
7Imprisonment shall be for a determinate term of (1) not less
8than 20 years and not more than 60 years; (2) not less than 60
9years and not more than 100 years when an extended term is
10imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural
11life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).
12 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
13shall not be imposed.
14 (c) IMPACT INCARCERATION. The impact incarceration program
15or the county impact incarceration program is not an authorized
16disposition.
17 (d) PROBATION; CONDITIONAL DISCHARGE. A period of
18probation or conditional discharge shall not be imposed.
19 (e) FINE. Fines may be imposed as provided in Section
205-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
21 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
22concerning restitution.
23 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
24be concurrent or consecutive as provided in Section 5-8-4 (730
25ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

SB1399 Enrolled- 26 -LRB100 10078 SLF 20250 b
1 (h) DRUG COURT. Drug court is not an authorized
2disposition.
3 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
4ILCS 5/5-4.5-100) concerning no credit for time spent in home
5detention prior to judgment.
6 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
7for rules and regulations for sentence credit.
8 (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic
9monitoring and home detention are not authorized dispositions
10is not an authorized disposition, except in limited
11circumstances as provided in Section 5-8A-3 (730 ILCS
125/5-8A-3).
13 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
14provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
15mandatory supervised release term shall be 3 years upon release
16from imprisonment.
17(Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
18 (730 ILCS 5/5-4.5-25)
19 Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
20felony:
21 (a) TERM. The sentence of imprisonment shall be a
22determinate sentence of not less than 6 years and not more than
2330 years. The sentence of imprisonment for an extended term
24Class X felony, as provided in Section 5-8-2 (730 ILCS
255/5-8-2), shall be not less than 30 years and not more than 60

SB1399 Enrolled- 27 -LRB100 10078 SLF 20250 b
1years.
2 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
3shall not be imposed.
4 (c) IMPACT INCARCERATION. The impact incarceration program
5or the county impact incarceration program is not an authorized
6disposition.
7 (d) PROBATION; CONDITIONAL DISCHARGE. A period of
8probation or conditional discharge shall not be imposed.
9 (e) FINE. Fines may be imposed as provided in Section
105-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
11 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
12concerning restitution.
13 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
14be concurrent or consecutive as provided in Section 5-8-4 (730
15ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
16 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
17Act (730 ILCS 166/20) concerning eligibility for a drug court
18program.
19 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
20ILCS 5/5-4.5-100) concerning no credit for time spent in home
21detention prior to judgment.
22 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
23for rules and regulations for sentence credit.
24 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
255-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
26electronic monitoring and home detention.

SB1399 Enrolled- 28 -LRB100 10078 SLF 20250 b
1 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
2provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
35/5-8-1), the parole or mandatory supervised release term shall
4be 3 years upon release from imprisonment.
5(Source: P.A. 97-697, eff. 6-22-12.)
6 (730 ILCS 5/5-4.5-30)
7 Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
8felony:
9 (a) TERM. The sentence of imprisonment, other than for
10second degree murder, shall be a determinate sentence of not
11less than 4 years and not more than 15 years. The sentence of
12imprisonment for second degree murder shall be a determinate
13sentence of not less than 4 years and not more than 20 years.
14The sentence of imprisonment for an extended term Class 1
15felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall
16be a term not less than 15 years and not more than 30 years.
17 (b) PERIODIC IMPRISONMENT. A sentence of periodic
18imprisonment shall be for a definite term of from 3 to 4 years,
19except as otherwise provided in Section 5-5-3 or 5-7-1 (730
20ILCS 5/5-5-3 or 5/5-7-1).
21 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
22(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
23the impact incarceration program or the county impact
24incarceration program.
25 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided

SB1399 Enrolled- 29 -LRB100 10078 SLF 20250 b
1in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
2period of probation or conditional discharge shall not exceed 4
3years. The court shall specify the conditions of probation or
4conditional discharge as set forth in Section 5-6-3 (730 ILCS
55/5-6-3). In no case shall an offender be eligible for a
6disposition of probation or conditional discharge for a Class 1
7felony committed while he or she was serving a term of
8probation or conditional discharge for a felony.
9 (e) FINE. Fines may be imposed as provided in Section
105-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
11 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
12concerning restitution.
13 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
14be concurrent or consecutive as provided in Section 5-8-4 (730
15ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
16 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
17Act (730 ILCS 166/20) concerning eligibility for a drug court
18program.
19 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
20ILCS 5/5-4.5-100) concerning credit for time spent in home
21detention prior to judgment.
22 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
23ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
24(730 ILCS 130/) for rules and regulations for sentence credit.
25 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
265-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for

SB1399 Enrolled- 30 -LRB100 10078 SLF 20250 b
1electronic monitoring and home detention.
2 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
3provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
45/5-8-1), the parole or mandatory supervised release term shall
5be 2 years upon release from imprisonment.
6(Source: P.A. 97-697, eff. 6-22-12.)
7 (730 ILCS 5/5-4.5-35)
8 Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2
9felony:
10 (a) TERM. The sentence of imprisonment shall be a
11determinate sentence of not less than 3 years and not more than
127 years. The sentence of imprisonment for an extended term
13Class 2 felony, as provided in Section 5-8-2 (730 ILCS
145/5-8-2), shall be a term not less than 7 years and not more
15than 14 years.
16 (b) PERIODIC IMPRISONMENT. A sentence of periodic
17imprisonment shall be for a definite term of from 18 to 30
18months, except as otherwise provided in Section 5-5-3 or 5-7-1
19(730 ILCS 5/5-5-3 or 5/5-7-1).
20 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
21(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
22the impact incarceration program or the county impact
23incarceration program.
24 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
25in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the

SB1399 Enrolled- 31 -LRB100 10078 SLF 20250 b
1period of probation or conditional discharge shall not exceed 4
2years. The court shall specify the conditions of probation or
3conditional discharge as set forth in Section 5-6-3 (730 ILCS
45/5-6-3).
5 (e) FINE. Fines may be imposed as provided in Section
65-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
7 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
8concerning restitution.
9 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
10be concurrent or consecutive as provided in Section 5-8-4 (730
11ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
12 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
13Act (730 ILCS 166/20) concerning eligibility for a drug court
14program.
15 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
16ILCS 5/5-4.5-100) concerning credit for time spent in home
17detention prior to judgment.
18 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
19ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
20(730 ILCS 130/) for rules and regulations for sentence credit.
21 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
225-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
23electronic monitoring and home detention.
24 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
25provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
265/5-8-1), the parole or mandatory supervised release term shall

SB1399 Enrolled- 32 -LRB100 10078 SLF 20250 b
1be 2 years upon release from imprisonment.
2(Source: P.A. 97-697, eff. 6-22-12.)
3 (730 ILCS 5/5-4.5-40)
4 Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3
5felony:
6 (a) TERM. The sentence of imprisonment shall be a
7determinate sentence of not less than 2 years and not more than
85 years. The sentence of imprisonment for an extended term
9Class 3 felony, as provided in Section 5-8-2 (730 ILCS
105/5-8-2), shall be a term not less than 5 years and not more
11than 10 years.
12 (b) PERIODIC IMPRISONMENT. A sentence of periodic
13imprisonment shall be for a definite term of up to 18 months,
14except as otherwise provided in Section 5-5-3 or 5-7-1 (730
15ILCS 5/5-5-3 or 5/5-7-1).
16 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
17(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
18the impact incarceration program or the county impact
19incarceration program.
20 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
21in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
22period of probation or conditional discharge shall not exceed
2330 months. The court shall specify the conditions of probation
24or conditional discharge as set forth in Section 5-6-3 (730
25ILCS 5/5-6-3).

SB1399 Enrolled- 33 -LRB100 10078 SLF 20250 b
1 (e) FINE. Fines may be imposed as provided in Section
25-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
3 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
4concerning restitution.
5 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
6be concurrent or consecutive as provided in Section 5-8-4 (730
7ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
8 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
9Act (730 ILCS 166/20) concerning eligibility for a drug court
10program.
11 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
12ILCS 5/5-4.5-100) concerning credit for time spent in home
13detention prior to judgment.
14 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
15ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
16(730 ILCS 130/) for rules and regulations for sentence credit.
17 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
185-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
19electronic monitoring and home detention.
20 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
21provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
225/5-8-1), the parole or mandatory supervised release term shall
23be one year upon release from imprisonment.
24(Source: P.A. 97-697, eff. 6-22-12.)
25 (730 ILCS 5/5-4.5-45)

SB1399 Enrolled- 34 -LRB100 10078 SLF 20250 b
1 Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4
2felony:
3 (a) TERM. The sentence of imprisonment shall be a
4determinate sentence of not less than one year and not more
5than 3 years. The sentence of imprisonment for an extended term
6Class 4 felony, as provided in Section 5-8-2 (730 ILCS
75/5-8-2), shall be a term not less than 3 years and not more
8than 6 years.
9 (b) PERIODIC IMPRISONMENT. A sentence of periodic
10imprisonment shall be for a definite term of up to 18 months,
11except as otherwise provided in Section 5-5-3 or 5-7-1 (730
12ILCS 5/5-5-3 or 5/5-7-1).
13 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
14(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
15the impact incarceration program or the county impact
16incarceration program.
17 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
18in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
19period of probation or conditional discharge shall not exceed
2030 months. The court shall specify the conditions of probation
21or conditional discharge as set forth in Section 5-6-3 (730
22ILCS 5/5-6-3).
23 (e) FINE. Fines may be imposed as provided in Section
245-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
25 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
26concerning restitution.

SB1399 Enrolled- 35 -LRB100 10078 SLF 20250 b
1 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
2be concurrent or consecutive as provided in Section 5-8-4 (730
3ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
4 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
5Act (730 ILCS 166/20) concerning eligibility for a drug court
6program.
7 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
8ILCS 5/5-4.5-100) concerning credit for time spent in home
9detention prior to judgment.
10 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
11ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
12(730 ILCS 130/) for rules and regulations for sentence credit.
13 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
145-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
15electronic monitoring and home detention.
16 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
17provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
185/5-8-1), the parole or mandatory supervised release term shall
19be one year upon release from imprisonment.
20(Source: P.A. 97-697, eff. 6-22-12.)
21 (730 ILCS 5/5-4.5-55)
22 Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class
23A misdemeanor:
24 (a) TERM. The sentence of imprisonment shall be a
25determinate sentence of less than one year.

SB1399 Enrolled- 36 -LRB100 10078 SLF 20250 b
1 (b) PERIODIC IMPRISONMENT. A sentence of periodic
2imprisonment shall be for a definite term of less than one
3year, except as otherwise provided in Section 5-5-3 or 5-7-1
4(730 ILCS 5/5-5-3 or 5/5-7-1).
5 (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
65/5-8-1.2) concerning eligibility for the county impact
7incarceration program.
8 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
9in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
10period of probation or conditional discharge shall not exceed 2
11years. The court shall specify the conditions of probation or
12conditional discharge as set forth in Section 5-6-3 (730 ILCS
135/5-6-3).
14 (e) FINE. A fine not to exceed $2,500 for each offense or
15the amount specified in the offense, whichever is greater, may
16be imposed. A fine may be imposed in addition to a sentence of
17conditional discharge, probation, periodic imprisonment, or
18imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
19Art. 9) for imposition of additional amounts and determination
20of amounts and payment.
21 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
22concerning restitution.
23 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
24be concurrent or consecutive as provided in Section 5-8-4 (730
25ILCS 5/5-8-4).
26 (h) DRUG COURT. See Section 20 of the Drug Court Treatment

SB1399 Enrolled- 37 -LRB100 10078 SLF 20250 b
1Act (730 ILCS 166/20) concerning eligibility for a drug court
2program.
3 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
4ILCS 5/5-4.5-100) concerning credit for time spent in home
5detention prior to judgment.
6 (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
7Behavior Allowance Act (730 ILCS 130/) for rules and
8regulations for good behavior allowance.
9 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
105-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
11electronic monitoring and home detention.
12(Source: P.A. 97-697, eff. 6-22-12.)
13 (730 ILCS 5/5-4.5-60)
14 Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class
15B misdemeanor:
16 (a) TERM. The sentence of imprisonment shall be a
17determinate sentence of not more than 6 months.
18 (b) PERIODIC IMPRISONMENT. A sentence of periodic
19imprisonment shall be for a definite term of up to 6 months or
20as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
21 (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
225/5-8-1.2) concerning eligibility for the county impact
23incarceration program.
24 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
25in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or

SB1399 Enrolled- 38 -LRB100 10078 SLF 20250 b
1conditional discharge shall not exceed 2 years. The court shall
2specify the conditions of probation or conditional discharge as
3set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
4 (e) FINE. A fine not to exceed $1,500 for each offense or
5the amount specified in the offense, whichever is greater, may
6be imposed. A fine may be imposed in addition to a sentence of
7conditional discharge, probation, periodic imprisonment, or
8imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
9Art. 9) for imposition of additional amounts and determination
10of amounts and payment.
11 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
12concerning restitution.
13 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
14be concurrent or consecutive as provided in Section 5-8-4 (730
15ILCS 5/5-8-4).
16 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
17Act (730 ILCS 166/20) concerning eligibility for a drug court
18program.
19 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
20ILCS 5/5-4.5-100) concerning credit for time spent in home
21detention prior to judgment.
22 (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
23Behavior Allowance Act (730 ILCS 130/) for rules and
24regulations for good behavior allowance.
25 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
265-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for

SB1399 Enrolled- 39 -LRB100 10078 SLF 20250 b
1electronic monitoring and home detention.
2(Source: P.A. 97-697, eff. 6-22-12.)
3 (730 ILCS 5/5-4.5-65)
4 Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class
5C misdemeanor:
6 (a) TERM. The sentence of imprisonment shall be a
7determinate sentence of not more than 30 days.
8 (b) PERIODIC IMPRISONMENT. A sentence of periodic
9imprisonment shall be for a definite term of up to 30 days or
10as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
11 (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
125/5-8-1.2) concerning eligibility for the county impact
13incarceration program.
14 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
15in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
16conditional discharge shall not exceed 2 years. The court shall
17specify the conditions of probation or conditional discharge as
18set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
19 (e) FINE. A fine not to exceed $1,500 for each offense or
20the amount specified in the offense, whichever is greater, may
21be imposed. A fine may be imposed in addition to a sentence of
22conditional discharge, probation, periodic imprisonment, or
23imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
24Art. 9) for imposition of additional amounts and determination
25of amounts and payment.

SB1399 Enrolled- 40 -LRB100 10078 SLF 20250 b
1 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
2concerning restitution.
3 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
4be concurrent or consecutive as provided in Section 5-8-4 (730
5ILCS 5/5-8-4).
6 (h) DRUG COURT. See Section 20 of the Drug Court Treatment
7Act (730 ILCS 166/20) concerning eligibility for a drug court
8program.
9 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
10ILCS 5/5-4.5-100) concerning credit for time spent in home
11detention prior to judgment.
12 (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
13Behavior Allowance Act (730 ILCS 130/) for rules and
14regulations for good behavior allowance.
15 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
165-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
17electronic monitoring and home detention.
18(Source: P.A. 97-697, eff. 6-22-12.)
19 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
20 Sec. 5-8-1. Natural life imprisonment; enhancements for
21use of a firearm; mandatory supervised release terms.
22 (a) Except as otherwise provided in the statute defining
23the offense or in Article 4.5 of Chapter V, a sentence of
24imprisonment for a felony shall be a determinate sentence set
25by the court under this Section, according to the following

SB1399 Enrolled- 41 -LRB100 10078 SLF 20250 b
1limitations:
2 (1) for first degree murder,
3 (a) (blank),
4 (b) if a trier of fact finds beyond a reasonable
5 doubt that the murder was accompanied by exceptionally
6 brutal or heinous behavior indicative of wanton
7 cruelty or, except as set forth in subsection (a)(1)(c)
8 of this Section, that any of the aggravating factors
9 listed in subsection (b) or (b-5) of Section 9-1 of the
10 Criminal Code of 1961 or the Criminal Code of 2012 are
11 present, the court may sentence the defendant, subject
12 to Section 5-4.5-105, to a term of natural life
13 imprisonment, or
14 (c) the court shall sentence the defendant to a
15 term of natural life imprisonment if the defendant, at
16 the time of the commission of the murder, had attained
17 the age of 18, and
18 (i) has previously been convicted of first
19 degree murder under any state or federal law, or
20 (ii) is found guilty of murdering more than one
21 victim, or
22 (iii) is found guilty of murdering a peace
23 officer, fireman, or emergency management worker
24 when the peace officer, fireman, or emergency
25 management worker was killed in the course of
26 performing his official duties, or to prevent the

SB1399 Enrolled- 42 -LRB100 10078 SLF 20250 b
1 peace officer or fireman from performing his
2 official duties, or in retaliation for the peace
3 officer, fireman, or emergency management worker
4 from performing his official duties, and the
5 defendant knew or should have known that the
6 murdered individual was a peace officer, fireman,
7 or emergency management worker, or
8 (iv) is found guilty of murdering an employee
9 of an institution or facility of the Department of
10 Corrections, or any similar local correctional
11 agency, when the employee was killed in the course
12 of performing his official duties, or to prevent
13 the employee from performing his official duties,
14 or in retaliation for the employee performing his
15 official duties, or
16 (v) is found guilty of murdering an emergency
17 medical technician - ambulance, emergency medical
18 technician - intermediate, emergency medical
19 technician - paramedic, ambulance driver or other
20 medical assistance or first aid person while
21 employed by a municipality or other governmental
22 unit when the person was killed in the course of
23 performing official duties or to prevent the
24 person from performing official duties or in
25 retaliation for performing official duties and the
26 defendant knew or should have known that the

SB1399 Enrolled- 43 -LRB100 10078 SLF 20250 b
1 murdered individual was an emergency medical
2 technician - ambulance, emergency medical
3 technician - intermediate, emergency medical
4 technician - paramedic, ambulance driver, or other
5 medical assistant or first aid personnel, or
6 (vi) (blank), or
7 (vii) is found guilty of first degree murder
8 and the murder was committed by reason of any
9 person's activity as a community policing
10 volunteer or to prevent any person from engaging in
11 activity as a community policing volunteer. For
12 the purpose of this Section, "community policing
13 volunteer" has the meaning ascribed to it in
14 Section 2-3.5 of the Criminal Code of 2012.
15 For purposes of clause (v), "emergency medical
16 technician - ambulance", "emergency medical technician -
17 intermediate", "emergency medical technician -
18 paramedic", have the meanings ascribed to them in the
19 Emergency Medical Services (EMS) Systems Act.
20 (d) (i) if the person committed the offense while
21 armed with a firearm, 15 years shall be added to
22 the term of imprisonment imposed by the court;
23 (ii) if, during the commission of the offense,
24 the person personally discharged a firearm, 20
25 years shall be added to the term of imprisonment
26 imposed by the court;

SB1399 Enrolled- 44 -LRB100 10078 SLF 20250 b
1 (iii) if, during the commission of the
2 offense, the person personally discharged a
3 firearm that proximately caused great bodily harm,
4 permanent disability, permanent disfigurement, or
5 death to another person, 25 years or up to a term
6 of natural life shall be added to the term of
7 imprisonment imposed by the court.
8 (2) (blank);
9 (2.5) for a person who has attained the age of 18 years
10 at the time of the commission of the offense and who is
11 convicted under the circumstances described in subdivision
12 (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
13 (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
14 or paragraph (2) of subsection (d) of Section 12-14,
15 subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
16 of subsection (b) of Section 12-14.1, subdivision (b)(2) of
17 Section 11-1.40 or paragraph (2) of subsection (b) of
18 Section 12-14.1 of the Criminal Code of 1961 or the
19 Criminal Code of 2012, the sentence shall be a term of
20 natural life imprisonment.
21 (b) (Blank).
22 (c) (Blank).
23 (d) Subject to earlier termination under Section 3-3-8, the
24parole or mandatory supervised release term shall be written as
25part of the sentencing order and shall be as follows:
26 (1) for first degree murder or a Class X felony except

SB1399 Enrolled- 45 -LRB100 10078 SLF 20250 b
1 for the offenses of predatory criminal sexual assault of a
2 child, aggravated criminal sexual assault, and criminal
3 sexual assault if committed on or after the effective date
4 of this amendatory Act of the 94th General Assembly and
5 except for the offense of aggravated child pornography
6 under Section 11-20.1B, 11-20.3, or 11-20.1 with
7 sentencing under subsection (c-5) of Section 11-20.1 of the
8 Criminal Code of 1961 or the Criminal Code of 2012, if
9 committed on or after January 1, 2009, 3 years;
10 (2) for a Class 1 felony or a Class 2 felony except for
11 the offense of criminal sexual assault if committed on or
12 after the effective date of this amendatory Act of the 94th
13 General Assembly and except for the offenses of manufacture
14 and dissemination of child pornography under clauses
15 (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
16 of 1961 or the Criminal Code of 2012, if committed on or
17 after January 1, 2009, 2 years;
18 (3) for a Class 3 felony or a Class 4 felony, 1 year;
19 (4) for defendants who commit the offense of predatory
20 criminal sexual assault of a child, aggravated criminal
21 sexual assault, or criminal sexual assault, on or after the
22 effective date of this amendatory Act of the 94th General
23 Assembly, or who commit the offense of aggravated child
24 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
25 with sentencing under subsection (c-5) of Section 11-20.1
26 of the Criminal Code of 1961 or the Criminal Code of 2012,

SB1399 Enrolled- 46 -LRB100 10078 SLF 20250 b
1 manufacture of child pornography, or dissemination of
2 child pornography after January 1, 2009, the term of
3 mandatory supervised release shall range from a minimum of
4 3 years to a maximum of the natural life of the defendant;
5 (5) if the victim is under 18 years of age, for a
6 second or subsequent offense of aggravated criminal sexual
7 abuse or felony criminal sexual abuse, 4 years, at least
8 the first 2 years of which the defendant shall serve in an
9 electronic monitoring or home detention program under
10 Article 8A of Chapter V of this Code;
11 (6) for a felony domestic battery, aggravated domestic
12 battery, stalking, aggravated stalking, and a felony
13 violation of an order of protection, 4 years.
14 (e) (Blank).
15 (f) (Blank).
16(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17.)
17 (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
18 Sec. 5-8A-3. Application.
19 (a) Except as provided in subsection (d), a person charged
20with or convicted of an excluded offense may not be placed in
21an electronic monitoring or home detention program, except for
22bond pending trial or appeal or while on parole, aftercare
23release, or mandatory supervised release.
24 (b) A person serving a sentence for a conviction of a Class
251 felony, other than an excluded offense, may be placed in an

SB1399 Enrolled- 47 -LRB100 10078 SLF 20250 b
1electronic monitoring or home detention program for a period
2not to exceed the last 90 days of incarceration.
3 (c) A person serving a sentence for a conviction of a Class
4X felony, other than an excluded offense, may be placed in an
5electronic monitoring or home detention program for a period
6not to exceed the last 90 days of incarceration, provided that
7the person was sentenced on or after August 11, 1993 (the
8effective date of Public Act 88-311) this amendatory Act of
91993 and provided that the court has not prohibited the program
10for the person in the sentencing order.
11 (d) A person serving a sentence for conviction of an
12offense other than for predatory criminal sexual assault of a
13child, aggravated criminal sexual assault, criminal sexual
14assault, aggravated criminal sexual abuse, or felony criminal
15sexual abuse, may be placed in an electronic monitoring or home
16detention program for a period not to exceed the last 12 months
17of incarceration, provided that (i) the person is 55 years of
18age or older; (ii) the person is serving a determinate
19sentence; (iii) the person has served at least 25% of the
20sentenced prison term; and (iv) placement in an electronic home
21monitoring or home detention program is approved by the
22Prisoner Review Board or the Department of Juvenile Justice.
23 (e) A person serving a sentence for conviction of a Class
242, 3, or 4 felony offense which is not an excluded offense may
25be placed in an electronic monitoring or home detention program
26pursuant to Department administrative directives.

SB1399 Enrolled- 48 -LRB100 10078 SLF 20250 b
1 (f) Applications for electronic monitoring or home
2detention may include the following:
3 (1) pretrial or pre-adjudicatory detention;
4 (2) probation;
5 (3) conditional discharge;
6 (4) periodic imprisonment;
7 (5) parole, aftercare release, or mandatory supervised
8 release;
9 (6) work release;
10 (7) furlough; or
11 (8) post-trial incarceration.
12 (g) A person convicted of an offense described in clause
13(4) or (5) of subsection (d) of Section 5-8-1 of this Code
14shall be placed in an electronic monitoring or home detention
15program for at least the first 2 years of the person's
16mandatory supervised release term.
17(Source: P.A. 98-558, eff. 1-1-14; 98-756, eff. 7-16-14;
1899-628, eff. 1-1-17; 99-797, eff. 8-12-16; revised 9-1-16.)
19 (730 ILCS 5/5-8A-4.1)
20 Sec. 5-8A-4.1. Escape; failure to comply with a condition
21of the electronic monitoring or home detention program.
22 (a) A person charged with or convicted of a felony, or
23charged with or adjudicated delinquent for an act which, if
24committed by an adult, would constitute a felony, conditionally
25released from the supervising authority through an electronic

SB1399 Enrolled- 49 -LRB100 10078 SLF 20250 b
1monitoring or home detention program, who knowingly violates a
2condition of the electronic home monitoring or home detention
3program is guilty of a Class 3 felony.
4 (b) A person charged with or convicted of a misdemeanor, or
5charged with or adjudicated delinquent for an act which, if
6committed by an adult, would constitute a misdemeanor,
7conditionally released from the supervising authority through
8an electronic monitoring or home detention program, who
9knowingly violates a condition of the electronic monitoring or
10home detention program is guilty of a Class B misdemeanor.
11 (c) A person who violates this Section while armed with a
12dangerous weapon is guilty of a Class 1 felony.
13(Source: P.A. 99-797, eff. 8-12-16.)
14 (730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
15 Sec. 5-8A-5. Consent of the participant. Before entering an
16order for commitment for electronic monitoring, the
17supervising authority shall inform the participant and other
18persons residing in the home of the nature and extent of the
19approved electronic monitoring devices by doing the following:
20 (A) Securing the written consent of the participant in
21 the program to comply with the rules and regulations of the
22 program as stipulated in subsections (A) through (I) of
23 Section 5-8A-4.
24 (B) Where possible, securing the written consent of
25 other persons residing in the home of the participant,

SB1399 Enrolled- 50 -LRB100 10078 SLF 20250 b
1 including the person in whose name the telephone is
2 registered, at the time of the order for or commitment for
3 electronic monitoring home detention is entered and
4 acknowledge the nature and extent of approved electronic
5 monitoring devices.
6 (C) Ensure Insure that the approved electronic devices
7 be minimally intrusive upon the privacy of the participant
8 and other persons residing in the home while remaining in
9 compliance with subsections (B) through (D) of Section
10 5-8A-4.
11 (D) This Section does not apply to persons subject to
12electronic monitoring Electronic Monitoring or home detention
13as a term or condition of parole, aftercare release, or
14mandatory supervised release under subsection (d) of Section
155-8-1 of this Code.
16(Source: P.A. 98-558, eff. 1-1-14; 99-797, eff. 8-12-16;
17revised 10-27-16.)
18 (730 ILCS 5/5-8A-6)
19 Sec. 5-8A-6. Electronic monitoring of certain sex
20offenders. For a sexual predator subject to electronic home
21monitoring under paragraph (7.7) of subsection (a) of Section
223-3-7, the Department of Corrections must use a system that
23actively monitors and identifies the offender's current
24location and timely reports or records the offender's presence
25and that alerts the Department of the offender's presence

SB1399 Enrolled- 51 -LRB100 10078 SLF 20250 b
1within a prohibited area described in Section 11-9.3 of the
2Criminal Code of 2012, in a court order, or as a condition of
3the offender's parole, mandatory supervised release, or
4extended mandatory supervised release and the offender's
5departure from specified geographic limitations. To the extent
6that he or she is able to do so, which the Department of
7Corrections by rule shall determine, the offender must pay for
8the cost of the electronic monitoring.
9(Source: P.A. 99-797, eff. 8-12-16.)
10 Section 99. Effective date. This Act takes effect upon
11becoming law.
feedback