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Public Act 100-0431 |
SB1399 Enrolled | LRB100 10078 SLF 20250 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(705 ILCS 405/5-710)
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Sec. 5-710. Kinds of sentencing orders.
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(1) The following kinds of sentencing orders may be made in |
respect of
wards of the court:
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(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:
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(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;
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(ii) placed in accordance with Section 5-740, with |
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or without also being
put on probation or conditional |
discharge;
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(iii) required to undergo a substance abuse |
assessment conducted by a
licensed provider and |
participate in the indicated clinical level of care;
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(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
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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;
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(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, |
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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 |
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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;
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(vi) ordered partially or completely emancipated |
in accordance with the
provisions of the Emancipation |
of Minors Act;
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(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
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attains 18 years of age;
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(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;
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(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.
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(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,
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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.
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(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.
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(2) Any sentencing order other than commitment to the |
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Department of
Juvenile Justice may provide for protective |
supervision under
Section 5-725 and may include an order of |
protection under Section 5-730.
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(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.
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(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
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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
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Law. The State's Attorney is authorized to act
on behalf of any |
victim in seeking restitution in proceedings under this
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Section, up to the maximum amount allowed in Section 5 of the |
Parental
Responsibility Law.
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(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 |
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payments may not exceed the
maximum amounts provided for by |
Section 9.1 of the Children and Family Services
Act.
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(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.
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(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.
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(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 |
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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
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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
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municipality or county in which the violation occurred. The |
order may be in
addition to any other order authorized by this |
Section.
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(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 |
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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.
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(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
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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
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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
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in accordance with the best interests of the victim and the |
public, the judge
shall have the discretion to determine to |
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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.
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(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
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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 |
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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
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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
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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.
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(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 |
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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.
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(12) If a minor is found to be guilty of a violation of
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subsection (a-7) of Section 1 of the Prevention of Tobacco Use |
by Minors Act, the
court may, in its discretion, and upon
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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
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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 |
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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.
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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
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conducted with a locality's youth diversion program.
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In addition to any other penalty that the court may impose |
under this
subsection
(12):
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(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.
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(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
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hours of community service.
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(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.
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(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.
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(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
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(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.
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(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 |
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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.
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(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: |
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(1) working or employment approved by the court or
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traveling to or from approved employment; |
(2) unemployed and seeking employment approved for
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the participant by the court; |
(3) undergoing medical, psychiatric, mental health
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treatment, counseling, or other treatment programs |
approved for the participant by the court; |
(4) attending an educational institution or a
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program approved for the participant by the court; |
(5) attending a regularly scheduled religious
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service at a place of worship; |
(6) participating in community work release or
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community service programs approved for the |
participant by the supervising authority; or |
(7) for another compelling reason consistent with
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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 |
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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 ,
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or on the participant's person, or both; and |
(3) a monitoring device in the participant's home
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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. |
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(I) The participant shall abide by other conditions as |
set by the supervising authority.
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(Source: P.A. 96-293, eff. 1-1-10; revised 10-25-16.) |
(705 ILCS 405/5-7A-120)
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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.
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(Source: P.A. 96-293, eff. 1-1-10; 97-333, eff. 8-12-11.) |
(705 ILCS 405/5-7A-125)
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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 |
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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.
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(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 |
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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:
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(720 ILCS 5/11-9.2)
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Sec. 11-9.2. Custodial sexual misconduct.
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(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
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sexual conduct or sexual penetration with a person who is in |
the custody of
that
treatment and detention facility.
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(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
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conduct or sexual penetration with a probationer, parolee, or |
releasee or
person serving a term of conditional release who is
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under the supervisory, disciplinary, or custodial authority of |
the
officer or agent or employee so
engaging in the sexual |
conduct or sexual penetration.
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(c) Custodial sexual misconduct is a Class 3 felony.
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(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.
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(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.
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(f) This Section does not apply to:
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(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.
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(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;
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(3) conditional discharge;
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(4) periodic imprisonment;
|
(5) parole, aftercare release, or mandatory supervised |
release;
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(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.
|