HB5786 103RD GENERAL ASSEMBLY

LRB103 39936 RLC 71012 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5786

Introduced 3/20/2024, by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-8A-4

from Ch. 38, par. 1005-8A-4

Amends the Unified Code of Corrections. Provides that the rules promulgated by the supervising authority concerning electronic monitoring and home detention shall provide that travel to and from approved employment shall not be denied based solely on the transient or mobile nature of the employment, provided that the participant gives the supervising authority sufficient notice and the employer confirms the exact routes or locations, or both, of employment at least 24 hours in advance. Provides that travel to and from approved employment shall not be denied solely for failure to provide the supervising authority with timely notice, provided that the participant gives the supervising authority sufficient notice at least 24 hours in advance of travel.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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

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

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

(A) The participant may be instructed to 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 shall include, but are not limited to, the following:

(1) working or employment approved by the court or traveling to or from approved employment; travel to and from approved employment shall not be denied based solely on the transient or mobile nature of the employment, provided that the participant gives the supervising authority sufficient notice and the employer confirms the exact routes or locations, or both, of employment at least 24 hours in advance.

Travel to and from approved employment shall not be denied solely for failure to provide the supervising authority with timely notice, provided that the participant gives the supervising authority sufficient notice at least 24 hours in advance of travel;

(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;

(7) for another compelling reason consistent with the public interest, as approved by the supervising authority; or

(8) purchasing groceries, food, or other basic necessities.

(A-1) At a minimum, any person ordered to pretrial home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than two days per week, to participate in basic activities such as those listed in paragraph (A). In this subdivision (A-1), "days" means a reasonable time period during a calendar day, as outlined by the court in the order placing the person on home confinement.

(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 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) access to a working telephone;

(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 subsection (A) of this Section. Such approval shall not be unreasonably withheld.

(G) The participant shall not commit another 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 prosecution for the crime of escape as described in Section 5-8A-4.1.

(I) The participant shall abide by other conditions as set by the supervising authority.

(J) This Section takes effect January 1, 2022.

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