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

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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: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0431 [SB1399 Detail]

Download: Illinois-2017-SB1399-Chaptered.html

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Public Act 100-0431
SB1399 Enrolled LRB100 10078 SLF 20250 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Juvenile Court Act of 1987 is amended by
changing the heading of Part 7A of Article V and by changing
Sections 5-710, 5-7A-101, 5-7A-110, 5-7A-115, 5-7A-120, and
5-7A-125 as follows:
(705 ILCS 405/5-710)
Sec. 5-710. Kinds of sentencing orders.
(1) The following kinds of sentencing orders may be made in
respect of wards of the court:
(a) Except as provided in Sections 5-805, 5-810, and
5-815, a minor who is found guilty under Section 5-620 may
be:
(i) put on probation or conditional discharge and
released to his or her parents, guardian or legal
custodian, provided, however, that any such minor who
is not committed to the Department of Juvenile Justice
under this subsection and who is found to be a
delinquent for an offense which is first degree murder,
a Class X felony, or a forcible felony shall be placed
on probation;
(ii) placed in accordance with Section 5-740, with

or without also being put on probation or conditional
discharge;
(iii) required to undergo a substance abuse
assessment conducted by a licensed provider and
participate in the indicated clinical level of care;
(iv) on and after the effective date of this
amendatory Act of the 98th General Assembly and before
January 1, 2017, placed in the guardianship of the
Department of Children and Family Services, but only if
the delinquent minor is under 16 years of age or,
pursuant to Article II of this Act, a minor for whom an
independent basis of abuse, neglect, or dependency
exists. On and after January 1, 2017, placed in the
guardianship of the Department of Children and Family
Services, but only if the delinquent minor is under 15
years of age or, pursuant to Article II of this Act, a
minor for whom an independent basis of abuse, neglect,
or dependency exists. An independent basis exists when
the allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident,
or circumstances which give rise to a charge or
adjudication of delinquency;
(v) placed in detention for a period not to exceed
30 days, either as the exclusive order of disposition
or, where appropriate, in conjunction with any other
order of disposition issued under this paragraph,

provided that any such detention shall be in a juvenile
detention home and the minor so detained shall be 10
years of age or older. However, the 30-day limitation
may be extended by further order of the court for a
minor under age 15 committed to the Department of
Children and Family Services if the court finds that
the minor is a danger to himself or others. The minor
shall be given credit on the sentencing order of
detention for time spent in detention under Sections
5-501, 5-601, 5-710, or 5-720 of this Article as a
result of the offense for which the sentencing order
was imposed. The court may grant credit on a sentencing
order of detention entered under a violation of
probation or violation of conditional discharge under
Section 5-720 of this Article for time spent in
detention before the filing of the petition alleging
the violation. A minor shall not be deprived of credit
for time spent in detention before the filing of a
violation of probation or conditional discharge
alleging the same or related act or acts. The
limitation that the minor shall only be placed in a
juvenile detention home does not apply as follows:
Persons 18 years of age and older who have a
petition of delinquency filed against them may be
confined in an adult detention facility. In making a
determination whether to confine a person 18 years of

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

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

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

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

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

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

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

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

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

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

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

excluded offense, may be placed in an electronic monitoring or
home detention program, provided that the person was sentenced
on or after the effective date of this amendatory Act of the
96th General Assembly and provided that the court has not
prohibited the program for the minor in the sentencing order.
(d) Applications for electronic monitoring or home
detention may include the following:
(1) pre-adjudicatory detention;
(2) probation;
(3) furlough;
(4) post-trial incarceration; or
(5) any other disposition under this Article.
(Source: P.A. 96-293, eff. 1-1-10.)
(705 ILCS 405/5-7A-115)
Sec. 5-7A-115. Program description. The supervising
authority may promulgate rules that prescribe reasonable
guidelines under which an electronic monitoring and home
detention program shall operate. These rules shall include, but
not be limited, to, the following:
(A) The participant shall 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 may 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
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; or
(7) for another compelling reason consistent with
the public interest, as approved by the supervising
authority.
(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
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 or 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) a working telephone in the participant's home;
(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 paragraph (A) of
this Section.
(G) The participant shall not commit another act that
if committed by an adult would constitute a crime during
the period of home detention ordered by the court.
(H) Notice to the participant that violation of the
order for home detention may subject the participant to an
adjudicatory hearing for escape as described in Section
5-7A-120.

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

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

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

(d) Any person convicted of violating this Section
immediately shall forfeit his or her employment with a penal
system, treatment and detention facility, or conditional
release program.
(e) For purposes of this Section, the consent of the
probationer, parolee, releasee, or inmate in custody of the
penal system or person detained or civilly committed under the
Sexually Violent Persons Commitment Act shall not be a defense
to a prosecution under this Section. A person is deemed
incapable of consent, for purposes of this Section, when he or
she is a probationer, parolee, releasee, or inmate in custody
of a penal system or person detained or civilly committed under
the Sexually Violent Persons Commitment Act.
(f) This Section does not apply to:
(1) Any employee, probation or supervising officer,
surveillance agent, or aftercare specialist who is
lawfully married to a person in custody if the marriage
occurred before the date of custody.
(2) Any employee, probation or supervising officer,
surveillance agent, or aftercare specialist who has no
knowledge, and would have no reason to believe, that the
person with whom he or she engaged in custodial sexual
misconduct was a person in custody.
(g) In this Section:
(0.5) "Aftercare specialist" means any person employed
by the Department of Juvenile Justice to supervise and

facilitate services for persons placed on aftercare
release.
(1) "Custody" means:
(i) pretrial incarceration or detention;
(ii) incarceration or detention under a sentence
or commitment to a State or local penal institution;
(iii) parole, aftercare release, or mandatory
supervised release;
(iv) electronic monitoring or home detention;
(v) probation;
(vi) detention or civil commitment either in
secure care or in the community under the Sexually
Violent Persons Commitment Act.
(2) "Penal system" means any system which includes
institutions as defined in Section 2-14 of this Code or a
county shelter care or detention home established under
Section 1 of the County Shelter Care and Detention Home
Act.
(2.1) "Treatment and detention facility" means any
Department of Human Services facility established for the
detention or civil commitment of persons under the Sexually
Violent Persons Commitment Act.
(2.2) "Conditional release" means a program of
treatment and services, vocational services, and alcohol
or other drug abuse treatment provided to any person
civilly committed and conditionally released to the

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

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

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

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

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

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

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

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

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

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

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

Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4
felony:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not less than one year and not more
than 3 years. The sentence of imprisonment for an extended term
Class 4 felony, as provided in Section 5-8-2 (730 ILCS
5/5-8-2), shall be a term not less than 3 years and not more
than 6 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of up to 18 months,
except as otherwise provided in Section 5-5-3 or 5-7-1 (730
ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
the impact incarceration program or the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
period of probation or conditional discharge shall not exceed
30 months. The court shall specify the conditions of probation
or conditional discharge as set forth in Section 5-6-3 (730
ILCS 5/5-6-3).
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.

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

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

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

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

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

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

limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection (a)(1)(c)
of this Section, that any of the aggravating factors
listed in subsection (b) or (b-5) of Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 are
present, the court may sentence the defendant, subject
to Section 5-4.5-105, to a term of natural life
imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment if the defendant, at
the time of the commission of the murder, had attained
the age of 18, and
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is found guilty of murdering more than one
victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the

peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course
of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the

murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or
(vi) (blank), or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging in
activity as a community policing volunteer. For
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 2012.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d) (i) if the person committed the offense while
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense,
the person personally discharged a firearm, 20
years shall be added to the term of imprisonment
imposed by the court;

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

for the offenses of predatory criminal sexual assault of a
child, aggravated criminal sexual assault, and criminal
sexual assault if committed on or after the effective date
of this amendatory Act of the 94th General Assembly and
except for the offense of aggravated child pornography
under Section 11-20.1B, 11-20.3, or 11-20.1 with
sentencing under subsection (c-5) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, if
committed on or after January 1, 2009, 3 years;
(2) for a Class 1 felony or a Class 2 felony except for
the offense of criminal sexual assault if committed on or
after the effective date of this amendatory Act of the 94th
General Assembly and except for the offenses of manufacture
and dissemination of child pornography under clauses
(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
of 1961 or the Criminal Code of 2012, if committed on or
after January 1, 2009, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after the
effective date of this amendatory Act of the 94th General
Assembly, or who commit the offense of aggravated child
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,

manufacture of child pornography, or dissemination of
child pornography after January 1, 2009, the term of
mandatory supervised release shall range from a minimum of
3 years to a maximum of the natural life of the defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic monitoring or home detention program under
Article 8A of Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years.
(e) (Blank).
(f) (Blank).
(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17.)
(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) this amendatory Act of
1993 and provided that the court has not prohibited the program
for the person in the sentencing order.
(d) A person serving a sentence for conviction of an
offense 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 12 months
of incarceration, provided that (i) the person is 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 home
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.

(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. 98-558, eff. 1-1-14; 98-756, eff. 7-16-14;
99-628, eff. 1-1-17; 99-797, eff. 8-12-16; revised 9-1-16.)
(730 ILCS 5/5-8A-4.1)
Sec. 5-8A-4.1. Escape; failure to comply with a condition
of the electronic monitoring or home detention program.
(a) A person charged with or convicted of a felony, or
charged with or adjudicated delinquent for an act which, if
committed by an adult, would constitute a felony, conditionally
released from the supervising authority through an electronic

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

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

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