Full Text of HB3887 100th General Assembly
HB3887 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3887 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/5-8A-1.1 new | | 730 ILCS 5/5-8A-2 | from Ch. 38, par. 1005-8A-2 | 730 ILCS 5/5-8A-4.2 new | | 730 ILCS 5/5-8A-5 | from Ch. 38, par. 1005-8A-5 |
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Amends the Unified Code of Corrections. Provides that the purpose of a person being placed in an electronic home detention program instead of
being sentenced to a term of imprisonment is to facilitate rehabilitation and a person's
continued participation in employment, education programs, family, community,
and religious activities. Provides that only the court may place a person in an electronic home detention program. Provides that a person placed in an electronic home detention program shall: (1) be allowed 8 hours a day of
movement outside the home, unless there is a reduction of movement due to a disciplinary infraction
validated at a parole, probation, conditional discharge, or court hearing; (2) not receive lifetime imposition of electronic home detention; (3) receive an annual review of his or her electronic home detention status by the supervising authority; (4) if as a condition of a pre-trial release program receive full or partial credit for time served for the days spent on electronic home detention; and (5) not be charged a fee during pretrial
release, mandatory supervised release, or as a sentence in lieu of incarceration. Provides that a person placed on electronic home detention may appeal to the circuit court if he or she is denied to leave the premises of his or her residence for specific reasons.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 5-8A-2 and 5-8A-5 and by adding Sections | 6 | | 5-8A-1.1 and 5-8A-4.2 as follows: | 7 | | (730 ILCS 5/5-8A-1.1 new) | 8 | | Sec. 5-8A-1.1. Purpose. The purpose of a person being | 9 | | placed in an electronic home detention program instead of
being | 10 | | sentenced to a term of imprisonment is to facilitate | 11 | | rehabilitation and a person's
continued participation in | 12 | | employment, education programs, family, community,
and | 13 | | religious activities.
| 14 | | (730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)
| 15 | | Sec. 5-8A-2. Definitions. As used in this Article:
| 16 | | (A) "Approved electronic monitoring device" means a device | 17 | | approved by
the supervising authority which is primarily | 18 | | intended to record or transmit
information as to the | 19 | | defendant's presence or nonpresence in the home, consumption of | 20 | | alcohol, consumption of drugs, location as determined through | 21 | | GPS, cellular triangulation, Wi-Fi, or other electronic means.
| 22 | | An approved electronic monitoring device may record or |
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| 1 | | transmit: oral or
wire communications or an auditory sound; | 2 | | visual images; or information
regarding the offender's | 3 | | activities while inside the offender's home.
These devices are | 4 | | subject to the required consent as set forth in Section
5-8A-5 | 5 | | of this Article.
| 6 | | An approved electronic monitoring device may be used to | 7 | | record a
conversation between the participant and the | 8 | | monitoring device, or the
participant and the person | 9 | | supervising the participant solely for the
purpose of | 10 | | identification and not for the purpose of eavesdropping or
| 11 | | conducting any other illegally intrusive monitoring.
| 12 | | (A-10) "Department" means the Department of Corrections or | 13 | | the Department of Juvenile Justice. | 14 | | (A-20) "Electronic monitoring" means the monitoring of an | 15 | | inmate, person, or offender with an electronic device both | 16 | | within and outside of their home under the terms and conditions | 17 | | established by the supervising authority. | 18 | | (B) "Excluded offenses" means first degree murder, escape, | 19 | | predatory
criminal sexual assault of a child, aggravated | 20 | | criminal sexual assault,
criminal sexual assault, aggravated | 21 | | battery with a firearm as described in Section 12-4.2 or | 22 | | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section | 23 | | 12-3.05, bringing or
possessing a firearm, ammunition or | 24 | | explosive in a penal institution, any
"Super-X" drug offense or | 25 | | calculated criminal drug conspiracy or streetgang
criminal | 26 | | drug conspiracy, or any predecessor or successor offenses with |
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| 1 | | the
same or substantially the same elements, or any inchoate | 2 | | offenses relating to
the foregoing offenses.
| 3 | | (B-10) "GPS" means a device or system which utilizes the | 4 | | Global Positioning Satellite system for determining the | 5 | | location of a person, inmate or offender. | 6 | | (C) "Home detention" means the confinement of a person | 7 | | convicted or
charged with an offense to his or her place of | 8 | | residence under the terms
and conditions established by the | 9 | | supervising authority.
| 10 | | (D) "Participant" means an inmate or offender placed into | 11 | | an
electronic monitoring program.
| 12 | | (E) "Supervising authority" means the Department of | 13 | | Corrections, the Department of Juvenile Justice,
probation | 14 | | department, sheriff, superintendent of
municipal house of | 15 | | corrections or any other officer or agency charged with
| 16 | | authorizing and supervising electronic monitoring and home | 17 | | detention.
| 18 | | (F) "Super-X drug offense" means a violation of Section | 19 | | 401(a)(1)(B), (C),
or (D); Section 401(a)(2)(B), (C), or (D); | 20 | | Section 401(a)(3)(B), (C), or (D);
or Section 401(a)(7)(B), | 21 | | (C), or (D) of the Illinois Controlled Substances
Act.
| 22 | | (G) "Wi-Fi" or "WiFi" means a device or system which | 23 | | utilizes a wireless local area network for determining the | 24 | | location of a person, inmate or offender. | 25 | | (Source: P.A. 99-797, eff. 8-12-16.)
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| 1 | | (730 ILCS 5/5-8A-4.2 new) | 2 | | Sec. 5-8A-4.2. Limits on electronic monitoring. | 3 | | (a) A person placed in an electronic home detention program | 4 | | shall: | 5 | | (1) be allowed 8 hours per day of
movement outside the | 6 | | home, unless there is a reduction of movement due to a | 7 | | disciplinary infraction
validated at a parole, mandatory | 8 | | supervised release, probation, or court hearing; | 9 | | (2) not receive lifetime imposition of electronic home | 10 | | detention; | 11 | | (3) receive an annual review of his or her electronic | 12 | | home detention status by the supervising authority; | 13 | | (4) if as a condition of a pre-trial release program | 14 | | receive full or partial credit for time served for the days | 15 | | spent on electronic home detention; and | 16 | | (5) not be charged a fee during pretrial
release, | 17 | | mandatory supervised release, or as a sentence in lieu of | 18 | | incarceration. | 19 | | (b) A person placed on electronic home detention may appeal | 20 | | to the circuit court if he or she is denied the ability to | 21 | | leave the premises of his or her residence for
one of the | 22 | | following reasons: | 23 | | (1) to seek and maintain employment (including working
| 24 | | overtime, irregular shifts and in mobile workplaces); | 25 | | (2) to participate in educational or
training | 26 | | programs; |
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| 1 | | (3) to participate in family, religious, and community | 2 | | activities; | 3 | | (4) to seek
and receive medical or substance abuse | 4 | | treatment; | 5 | | (5) to carry out necessary life
activities, including | 6 | | shopping, paying bills, banking, and laundry. | 7 | | (c) The court may not impose as a condition of electronic | 8 | | home detention that the person have a landline telephone. | 9 | | (d) A person placed in an electronic home detention program | 10 | | shall have the right, in the absence
of extraordinary | 11 | | circumstances as determined by the court to: | 12 | | (1) seek and maintain employment (including working
| 13 | | overtime, irregular shifts and in mobile workplaces); | 14 | | (2) participate in educational or
training programs; | 15 | | (3) participate in family, religious, and community | 16 | | activities; | 17 | | (4) seek
and receive medical or substance abuse | 18 | | treatment; and | 19 | | (5) carry out necessary survival
activities, including | 20 | | shopping, paying bills, banking, and laundry.
| 21 | | (730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
| 22 | | Sec. 5-8A-5. Consent of the participant. Before entering an | 23 | | order for
commitment for electronic monitoring, the court | 24 | | supervising authority shall
inform the participant and other | 25 | | persons residing in the home of the nature
and extent of the |
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| 1 | | approved electronic monitoring devices by doing the
following:
| 2 | | (A) Securing the written consent of the participant in | 3 | | the program to
comply with the rules and regulations of the | 4 | | program as stipulated in
subsections (A) through (I) of | 5 | | Section 5-8A-4.
| 6 | | (B) Where possible, securing the written consent of | 7 | | other persons
residing in the home
of the participant, | 8 | | including the person in whose name the telephone is
| 9 | | registered, at the time of the order or commitment for | 10 | | electronic
home detention is entered and acknowledge the | 11 | | nature and extent of approved
electronic monitoring | 12 | | devices.
| 13 | | (C) Insure that the approved electronic devices be | 14 | | minimally
intrusive upon the privacy of the participant
and | 15 | | other persons residing in the home
while remaining in | 16 | | compliance with subsections (B) through (D)
of Section | 17 | | 5-8A-4.
| 18 | | (D) (Blank). This Section does not apply to persons subject | 19 | | to Electronic
Monitoring or home detention as a term or | 20 | | condition of parole, aftercare release, or mandatory | 21 | | supervised release
under subsection (d) of Section 5-8-1 of | 22 | | this Code.
| 23 | | (Source: P.A. 98-558, eff. 1-1-14; 99-797, eff. 8-12-16; | 24 | | revised 10-27-16.)
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