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90_HB2689
730 ILCS 5/5-8A-3 from Ch. 38, par. 1005-8A-3
Amends the Unified Code of Corrections. Makes a
stylistic change in Section relating to the eligibility of
persons to be placed in an electronic home detention program.
LRB9010349RCks
LRB9010349RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 5-8A-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 5-8A-3 as follows:
7 (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
8 Sec. 5-8A-3. Application.
9 (a) Except as provided in subsection (d), a person
10 charged with or convicted of an excluded offense may not be
11 placed in an electronic home detention program, except for
12 bond pending trial or appeal or while on parole or mandatory
13 supervised release.
14 (b) A person serving a sentence for a conviction of a
15 Class 1 felony, other than an excluded offense, may be placed
16 in an electronic home detention program for a period not to
17 exceed the last 90 days of incarceration.
18 (c) A person serving a sentence for a conviction of a
19 Class X felony, other than an excluded offense, may be placed
20 in an electronic home detention program for a period not to
21 exceed the last 90 days of incarceration, provided that the
22 person was sentenced on or after the effective date of this
23 amendatory Act of 1993 and provided that the court has not
24 prohibited the program for the person in the sentencing
25 order.
26 (d) A person serving a sentence for conviction of an
27 offense other than for predatory criminal sexual assault of a
28 child, aggravated criminal sexual assault, criminal sexual
29 assault, aggravated criminal sexual abuse, or felony criminal
30 sexual abuse, may be placed in an electronic home detention
31 program for a period not to exceed the last 12 months of
-2- LRB9010349RCks
1 incarceration, provided that (1) (i) the person is 55 years
2 of age or older; (2) (ii) the person is serving a determinate
3 sentence; (3) (iii) the person has served at least 25% of the
4 sentenced prison term; and (4) (iv) placement in an
5 electronic home detention program is approved by the Prisoner
6 Review Board.
7 (e) A person serving a sentence for conviction of a
8 Class 2, 3 or 4 felony offense which is not an excluded
9 offense may be placed in an electronic home detention program
10 pursuant to Department administrative directives.
11 (f) Applications for electronic home detention may
12 include the following:
13 (1) pretrial or pre-adjudicatory detention;
14 (2) probation;
15 (3) conditional discharge;
16 (4) periodic imprisonment;
17 (5) parole or mandatory supervised release;
18 (6) work release;
19 (7) furlough or
20 (8) post-trial incarceration.
21 (Source: P.A. 88-311; 89-428, eff. 12-13-95; 89-462, eff.
22 5-29-96.)