103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4103
 
Introduced , by Rep. Michael J. Kelly
 
SYNOPSIS AS INTRODUCED:
 

 
  
730 ILCS 5/5-8A-4  from Ch. 38, par. 1005-8A-4

     Amends the  Unified Code of Corrections.  Deletes a provision which provides that a person ordered to pretrial home confinement must, at a minimum, be provided with specified opportunities for movement on no fewer than 2 days each week.
  


LRB103 32616 RLC 62243 b

 
 
A BILL FOR
 

  
HB4103LRB103 32616 RLC 62243 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  







  
 
4    Section 5. The Unified Code of Corrections is amended  by 
5changing Section 5-8A-4 as follows:
 


6    (730 ILCS 5/5-8A-4)  (from Ch. 38, par. 1005-8A-4)




7    Sec. 5-8A-4. Program description. The supervising 
8authority may
promulgate rules that prescribe reasonable 
9guidelines under which an
electronic monitoring and home 
10detention program shall operate. When using electronic 
11monitoring for home detention these rules may include,
but not 
12be limited to, the following:

13        (A) The participant may be instructed to remain within 
14    the interior premises or within
the property boundaries of 
15    his or her residence at all times during the
hours 
16    designated by the supervising authority.  Such instances of 
17    approved
absences from the home shall include, but are not 
18    limited to, the following:

19            (1) working or employment approved by the court or 
20        traveling to or from
approved employment;

21            (2) unemployed and seeking employment approved for 
22        the participant by
the court;

23            (3) undergoing medical, psychiatric, mental health 
 
 
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1        treatment,
counseling, or other treatment programs 
2        approved for the participant by
the court;

3            (4) attending an educational institution or a 
4        program approved for the
participant by the court;

5            (5) attending a regularly scheduled religious 
6        service at a place of worship;

7            (6) participating in community work release or 
8        community service
programs approved for the 
9        participant by the supervising authority;

10            (7) for another compelling reason consistent with 
11        the public interest,
as approved by the supervising 
12        authority; or
13            (8) purchasing groceries, food, or other basic 
14        necessities. 

15        (A-1) (Blank). At a minimum, any person ordered to 
16    pretrial home confinement with or without electronic 
17    monitoring must be provided with movement spread out over 
18    no fewer than two days per week, to participate in basic 
19    activities such as those listed in paragraph (A). In this 
20    subdivision (A-1), "days" means a reasonable time period 
21    during a calendar day, as outlined by the court in the 
22    order placing the person on home confinement. 
23        (B) The participant shall admit any person or agent 
24    designated by the
supervising authority into his or her 
25    residence at any time for
purposes of verifying the 
26    participant's compliance with the conditions of
his or her 
 
 
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1    detention.

2        (C) The participant shall make the necessary 
3    arrangements to allow for
any person or agent designated 
4    by the supervising authority to visit
the participant's 
5    place of education or employment at any time, based upon

6    the approval of the educational institution employer or 
7    both, for the
purpose of verifying the participant's 
8    compliance with the conditions of
his or her detention.

9        (D) The participant shall acknowledge and participate 
10    with the approved
electronic monitoring device as 
11    designated by the supervising authority
at any time for 
12    the purpose of verifying the
participant's compliance with 
13    the conditions of his or her detention.

14        (E) The participant shall maintain the following:

15            (1) access to a working telephone;

16            (2) a monitoring device in the participant's home, 
17        or on the
participant's person, or both; and

18            (3) a monitoring device in the participant's home 
19        and on the
participant's person in the absence of a 
20        telephone.

21        (F) The participant shall obtain approval from the 
22    supervising authority
before the participant changes 
23    residence or the schedule
described in subsection (A) of 
24    this Section. Such approval shall not be unreasonably 
25    withheld. 

26        (G) The participant shall not commit another crime 
 
 
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1    during the period of
home detention ordered by the Court.

2        (H) Notice to the participant that violation of the 
3    order for home
detention may subject the participant to 
4    prosecution for the crime of escape
as described in 
5    Section 5-8A-4.1.

6        (I) The participant shall abide by other conditions as 
7    set by the
supervising authority.
8        (J) This Section takes effect January 1, 2022. 

9(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 
10102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)