Full Text of SB1399 100th General Assembly
SB1399ham001 100TH GENERAL ASSEMBLY | Rep. Elgie R. Sims, Jr. Filed: 5/15/2017
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| 1 | | AMENDMENT TO SENATE BILL 1399
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1399 on page 1, by | 3 | | inserting after line 3 the following: | 4 | | "Section 3. The Juvenile Court Act of 1987 is amended by | 5 | | changing the heading of Part 7A of Article V and by changing | 6 | | Sections 5-710, 5-7A-101, 5-7A-110, 5-7A-115, 5-7A-120, and | 7 | | 5-7A-125 as follows:
| 8 | | (705 ILCS 405/5-710)
| 9 | | Sec. 5-710. Kinds of sentencing orders.
| 10 | | (1) The following kinds of sentencing orders may be made in | 11 | | respect of
wards of the court:
| 12 | | (a) Except as provided in Sections 5-805, 5-810, and | 13 | | 5-815, a minor who is
found
guilty under Section 5-620 may | 14 | | be:
| 15 | | (i) put on probation or conditional discharge and | 16 | | released to his or her
parents, guardian or legal |
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| 1 | | custodian, provided, however, that any such minor
who | 2 | | is not committed to the Department of Juvenile Justice | 3 | | under
this subsection and who is found to be a | 4 | | delinquent for an offense which is
first degree murder, | 5 | | a Class X felony, or a forcible felony shall be placed | 6 | | on
probation;
| 7 | | (ii) placed in accordance with Section 5-740, with | 8 | | or without also being
put on probation or conditional | 9 | | discharge;
| 10 | | (iii) required to undergo a substance abuse | 11 | | assessment conducted by a
licensed provider and | 12 | | participate in the indicated clinical level of care;
| 13 | | (iv) on and after the effective date of this | 14 | | amendatory Act of the 98th General Assembly and before | 15 | | January 1, 2017, placed in the guardianship of the | 16 | | Department of Children and Family
Services, but only if | 17 | | the delinquent minor is under 16 years of age or, | 18 | | pursuant to Article II of this Act, a minor for whom an | 19 | | independent basis of abuse, neglect, or dependency | 20 | | exists. On and after January 1, 2017, placed in the | 21 | | guardianship of the Department of Children and Family
| 22 | | Services, but only if the delinquent minor is under 15 | 23 | | years of age or, pursuant to Article II of this Act, a | 24 | | minor for whom an independent basis of abuse, neglect, | 25 | | or dependency exists. An independent basis exists when | 26 | | the allegations or adjudication of abuse, neglect, or |
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| 1 | | dependency do not arise from the same facts, incident, | 2 | | or circumstances which give rise to a charge or | 3 | | adjudication of delinquency;
| 4 | | (v) placed in detention for a period not to exceed | 5 | | 30 days, either as
the
exclusive order of disposition | 6 | | or, where appropriate, in conjunction with any
other | 7 | | order of disposition issued under this paragraph, | 8 | | provided that any such
detention shall be in a juvenile | 9 | | detention home and the minor so detained shall
be 10 | 10 | | years of age or older. However, the 30-day limitation | 11 | | may be extended by
further order of the court for a | 12 | | minor under age 15 committed to the Department
of | 13 | | Children and Family Services if the court finds that | 14 | | the minor is a danger
to himself or others. The minor | 15 | | shall be given credit on the sentencing order
of | 16 | | detention for time spent in detention under Sections | 17 | | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | 18 | | result of the offense for which the sentencing order | 19 | | was imposed.
The court may grant credit on a sentencing | 20 | | order of detention entered under a
violation of | 21 | | probation or violation of conditional discharge under | 22 | | Section
5-720 of this Article for time spent in | 23 | | detention before the filing of the
petition
alleging | 24 | | the violation. A minor shall not be deprived of credit | 25 | | for time spent
in detention before the filing of a | 26 | | violation of probation or conditional
discharge |
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| 1 | | alleging the same or related act or acts. The | 2 | | limitation that the minor shall only be placed in a | 3 | | juvenile detention home does not apply as follows: | 4 | | Persons 18 years of age and older who have a | 5 | | petition of delinquency filed against them may be | 6 | | confined in an adult detention facility. In making a | 7 | | determination whether to confine a person 18 years of | 8 | | age or older who has a petition of delinquency filed | 9 | | against the person, these factors, among other | 10 | | matters, shall be considered: | 11 | | (A) the age of the person; | 12 | | (B) any previous delinquent or criminal | 13 | | history of the person; | 14 | | (C) any previous abuse or neglect history of | 15 | | the person; | 16 | | (D) any mental health history of the person; | 17 | | and | 18 | | (E) any educational history of the person;
| 19 | | (vi) ordered partially or completely emancipated | 20 | | in accordance with the
provisions of the Emancipation | 21 | | of Minors Act;
| 22 | | (vii) subject to having his or her driver's license | 23 | | or driving
privileges
suspended for such time as | 24 | | determined by the court but only until he or she
| 25 | | attains 18 years of age;
| 26 | | (viii) put on probation or conditional discharge |
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| 1 | | and placed in detention
under Section 3-6039 of the | 2 | | Counties Code for a period not to exceed the period
of | 3 | | incarceration permitted by law for adults found guilty | 4 | | of the same offense
or offenses for which the minor was | 5 | | adjudicated delinquent, and in any event no
longer than | 6 | | upon attainment of age 21; this subdivision (viii) | 7 | | notwithstanding
any contrary provision of the law;
| 8 | | (ix) ordered to undergo a medical or other | 9 | | procedure to have a tattoo
symbolizing allegiance to a | 10 | | street gang removed from his or her body; or | 11 | | (x) placed in electronic monitoring or home | 12 | | detention under Part 7A of this Article.
| 13 | | (b) A minor found to be guilty may be committed to the | 14 | | Department of
Juvenile Justice under Section 5-750 if the | 15 | | minor is at least 13 years and under 20 years of age,
| 16 | | provided that the commitment to the Department of Juvenile | 17 | | Justice shall be made only if the minor was found guilty of | 18 | | a felony offense or first degree murder. The court shall | 19 | | include in the sentencing order any pre-custody credits the | 20 | | minor is entitled to under Section 5-4.5-100 of the Unified | 21 | | Code of Corrections. The time during which a minor is in | 22 | | custody before being released
upon the request of a parent, | 23 | | guardian or legal custodian shall also be considered
as | 24 | | time spent in custody.
| 25 | | (c) When a minor is found to be guilty for an offense | 26 | | which is a violation
of the Illinois Controlled Substances |
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| 1 | | Act, the Cannabis Control Act, or the Methamphetamine | 2 | | Control and Community Protection Act and made
a ward of the | 3 | | court, the court may enter a disposition order requiring | 4 | | the
minor to undergo assessment,
counseling or treatment in | 5 | | a substance abuse program approved by the Department
of | 6 | | Human Services.
| 7 | | (2) Any sentencing order other than commitment to the | 8 | | Department of
Juvenile Justice may provide for protective | 9 | | supervision under
Section 5-725 and may include an order of | 10 | | protection under Section 5-730.
| 11 | | (3) Unless the sentencing order expressly so provides, it | 12 | | does not operate
to close proceedings on the pending petition, | 13 | | but is subject to modification
until final closing and | 14 | | discharge of the proceedings under Section 5-750.
| 15 | | (4) In addition to any other sentence, the court may order | 16 | | any
minor
found to be delinquent to make restitution, in | 17 | | monetary or non-monetary form,
under the terms and conditions | 18 | | of Section 5-5-6 of the Unified Code of
Corrections, except | 19 | | that the "presentencing hearing" referred to in that
Section
| 20 | | shall be
the sentencing hearing for purposes of this Section. | 21 | | The parent, guardian or
legal custodian of the minor may be | 22 | | ordered by the court to pay some or all of
the restitution on | 23 | | the minor's behalf, pursuant to the Parental Responsibility
| 24 | | Law. The State's Attorney is authorized to act
on behalf of any | 25 | | victim in seeking restitution in proceedings under this
| 26 | | Section, up to the maximum amount allowed in Section 5 of the |
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| 1 | | Parental
Responsibility Law.
| 2 | | (5) Any sentencing order where the minor is committed or | 3 | | placed in
accordance
with Section 5-740 shall provide for the | 4 | | parents or guardian of the estate of
the minor to pay to the | 5 | | legal custodian or guardian of the person of the minor
such | 6 | | sums as are determined by the custodian or guardian of the | 7 | | person of the
minor as necessary for the minor's needs. The | 8 | | payments may not exceed the
maximum amounts provided for by | 9 | | Section 9.1 of the Children and Family Services
Act.
| 10 | | (6) Whenever the sentencing order requires the minor to | 11 | | attend school or
participate in a program of training, the | 12 | | truant officer or designated school
official shall regularly | 13 | | report to the court if the minor is a chronic or
habitual | 14 | | truant under Section 26-2a of the School Code. Notwithstanding | 15 | | any other provision of this Act, in instances in which | 16 | | educational services are to be provided to a minor in a | 17 | | residential facility where the minor has been placed by the | 18 | | court, costs incurred in the provision of those educational | 19 | | services must be allocated based on the requirements of the | 20 | | School Code.
| 21 | | (7) In no event shall a guilty minor be committed to the | 22 | | Department of
Juvenile Justice for a period of time in
excess | 23 | | of
that period for which an adult could be committed for the | 24 | | same act. The court shall include in the sentencing order a | 25 | | limitation on the period of confinement not to exceed the | 26 | | maximum period of imprisonment the court could impose under |
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| 1 | | Article V of the Unified Code of Corrections.
| 2 | | (7.5) In no event shall a guilty minor be committed to the | 3 | | Department of Juvenile Justice or placed in detention when the | 4 | | act for which the minor was adjudicated delinquent would not be | 5 | | illegal if committed by an adult. | 6 | | (7.6) In no event shall a guilty minor be committed to the | 7 | | Department of Juvenile Justice for an offense which is a Class | 8 | | 4 felony under Section 19-4 (criminal trespass to a residence), | 9 | | 21-1 (criminal damage to property), 21-1.01 (criminal damage to | 10 | | government supported property), 21-1.3 (criminal defacement of | 11 | | property), 26-1 (disorderly conduct), or 31-4 (obstructing | 12 | | justice) , of the Criminal Code of 2012. | 13 | | (7.75) In no event shall a guilty minor be committed to the | 14 | | Department of Juvenile Justice for an offense that is a Class 3 | 15 | | or Class 4 felony violation of the Illinois Controlled | 16 | | Substances Act unless the commitment occurs upon a third or | 17 | | subsequent judicial finding of a violation of probation for | 18 | | substantial noncompliance with court-ordered court ordered | 19 | | treatment or programming. | 20 | | (8) A minor found to be guilty for reasons that include a | 21 | | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012 shall be ordered to perform
community | 23 | | service for not less than 30 and not more than 120 hours, if
| 24 | | community service is available in the jurisdiction. The | 25 | | community service
shall include, but need not be limited to, | 26 | | the cleanup and repair of the damage
that was caused by the |
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| 1 | | violation or similar damage to property located in the
| 2 | | municipality or county in which the violation occurred. The | 3 | | order may be in
addition to any other order authorized by this | 4 | | Section.
| 5 | | (8.5) A minor found to be guilty for reasons that include a | 6 | | violation of
Section
3.02 or Section 3.03 of the Humane Care | 7 | | for Animals Act or paragraph (d) of
subsection (1) of
Section | 8 | | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | 9 | | subsection (a) of Section 21-1 of the Criminal Code of 2012 | 10 | | shall be ordered to undergo medical or psychiatric treatment | 11 | | rendered by
a
psychiatrist or psychological treatment rendered | 12 | | by a clinical psychologist.
The order
may be in addition to any | 13 | | other order authorized by this Section.
| 14 | | (9) In addition to any other sentencing order, the court | 15 | | shall order any
minor found
to be guilty for an act which would | 16 | | constitute, predatory criminal sexual
assault of a child, | 17 | | aggravated criminal sexual assault, criminal sexual
assault, | 18 | | aggravated criminal sexual abuse, or criminal sexual abuse if
| 19 | | committed by an
adult to undergo medical testing to determine | 20 | | whether the defendant has any
sexually transmissible disease | 21 | | including a test for infection with human
immunodeficiency | 22 | | virus (HIV) or any other identified causative agency of
| 23 | | acquired immunodeficiency syndrome (AIDS). Any medical test | 24 | | shall be performed
only by appropriately licensed medical | 25 | | practitioners and may include an
analysis of any bodily fluids | 26 | | as well as an examination of the minor's person.
Except as |
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| 1 | | otherwise provided by law, the results of the test shall be | 2 | | kept
strictly confidential by all medical personnel involved in | 3 | | the testing and must
be personally delivered in a sealed | 4 | | envelope to the judge of the court in which
the sentencing | 5 | | order was entered for the judge's inspection in camera. Acting
| 6 | | in accordance with the best interests of the victim and the | 7 | | public, the judge
shall have the discretion to determine to | 8 | | whom the results of the testing may
be revealed. The court | 9 | | shall notify the minor of the results of the test for
infection | 10 | | with the human immunodeficiency virus (HIV). The court shall | 11 | | also
notify the victim if requested by the victim, and if the | 12 | | victim is under the
age of 15 and if requested by the victim's | 13 | | parents or legal guardian, the court
shall notify the victim's | 14 | | parents or the legal guardian, of the results of the
test for | 15 | | infection with the human immunodeficiency virus (HIV). The | 16 | | court
shall provide information on the availability of HIV | 17 | | testing and counseling at
the Department of Public Health | 18 | | facilities to all parties to whom the
results of the testing | 19 | | are revealed. The court shall order that the cost of
any test | 20 | | shall be paid by the county and may be taxed as costs against | 21 | | the
minor.
| 22 | | (10) When a court finds a minor to be guilty the court | 23 | | shall, before
entering a sentencing order under this Section, | 24 | | make a finding whether the
offense committed either: (a) was | 25 | | related to or in furtherance of the criminal
activities of an | 26 | | organized gang or was motivated by the minor's membership in
or |
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| 1 | | allegiance to an organized gang, or (b) involved a violation of
| 2 | | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 | 3 | | or the Criminal Code of 2012, a violation of
any
Section of | 4 | | Article 24 of the Criminal Code of 1961 or the Criminal Code of | 5 | | 2012, or a violation of any
statute that involved the wrongful | 6 | | use of a firearm. If the court determines
the question in the | 7 | | affirmative,
and the court does not commit the minor to the | 8 | | Department of Juvenile Justice, the court shall order the minor | 9 | | to perform community service
for not less than 30 hours nor | 10 | | more than 120 hours, provided that community
service is | 11 | | available in the jurisdiction and is funded and approved by the
| 12 | | county board of the county where the offense was committed. The | 13 | | community
service shall include, but need not be limited to, | 14 | | the cleanup and repair of
any damage caused by a violation of | 15 | | Section 21-1.3 of the Criminal Code of 1961 or the Criminal | 16 | | Code of 2012
and similar damage to property located in the | 17 | | municipality or county in which
the violation occurred. When | 18 | | possible and reasonable, the community service
shall be | 19 | | performed in the minor's neighborhood. This order shall be in
| 20 | | addition to any other order authorized by this Section
except | 21 | | for an order to place the minor in the custody of the | 22 | | Department of
Juvenile Justice. For the purposes of this | 23 | | Section, "organized
gang" has the meaning ascribed to it in | 24 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus | 25 | | Prevention Act.
| 26 | | (11) If the court determines that the offense was committed |
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| 1 | | in furtherance of the criminal activities of an organized gang, | 2 | | as provided in subsection (10), and that the offense involved | 3 | | the operation or use of a motor vehicle or the use of a | 4 | | driver's license or permit, the court shall notify the | 5 | | Secretary of State of that determination and of the period for | 6 | | which the minor shall be denied driving privileges. If, at the | 7 | | time of the determination, the minor does not hold a driver's | 8 | | license or permit, the court shall provide that the minor shall | 9 | | not be issued a driver's license or permit until his or her | 10 | | 18th birthday. If the minor holds a driver's license or permit | 11 | | at the time of the determination, the court shall provide that | 12 | | the minor's driver's license or permit shall be revoked until | 13 | | his or her 21st birthday, or until a later date or occurrence | 14 | | determined by the court. If the minor holds a driver's license | 15 | | at the time of the determination, the court may direct the | 16 | | Secretary of State to issue the minor a judicial driving | 17 | | permit, also known as a JDP. The JDP shall be subject to the | 18 | | same terms as a JDP issued under Section 6-206.1 of the | 19 | | Illinois Vehicle Code, except that the court may direct that | 20 | | the JDP be effective immediately.
| 21 | | (12) If a minor is found to be guilty of a violation of
| 22 | | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | 23 | | by Minors Act, the
court may, in its discretion, and upon
| 24 | | recommendation by the State's Attorney, order that minor and | 25 | | his or her parents
or legal
guardian to attend a smoker's | 26 | | education or youth diversion program as defined
in that Act if |
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| 1 | | that
program is available in the jurisdiction where the | 2 | | offender resides.
Attendance at a smoker's education or youth | 3 | | diversion program
shall be time-credited against any community | 4 | | service time imposed for any
first violation of subsection | 5 | | (a-7) of Section 1 of that Act. In addition to any
other
| 6 | | penalty
that the court may impose for a violation of subsection | 7 | | (a-7) of Section 1 of
that Act, the
court, upon request by the | 8 | | State's Attorney, may in its discretion
require
the offender to | 9 | | remit a fee for his or her attendance at a smoker's
education | 10 | | or
youth diversion program.
| 11 | | For purposes of this Section, "smoker's education program" | 12 | | or "youth
diversion program" includes, but is not limited to, a | 13 | | seminar designed to
educate a person on the physical and | 14 | | psychological effects of smoking tobacco
products and the | 15 | | health consequences of smoking tobacco products that can be
| 16 | | conducted with a locality's youth diversion program.
| 17 | | In addition to any other penalty that the court may impose | 18 | | under this
subsection
(12):
| 19 | | (a) If a minor violates subsection (a-7) of Section 1 | 20 | | of the Prevention of
Tobacco Use by Minors Act, the court | 21 | | may
impose a sentence of 15 hours of
community service or a | 22 | | fine of $25 for a first violation.
| 23 | | (b) A second violation by a minor of subsection (a-7) | 24 | | of Section 1 of that Act
that occurs
within 12 months after | 25 | | the first violation is punishable by a fine of $50 and
25
| 26 | | hours of community service.
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| 1 | | (c) A third or subsequent violation by a minor of | 2 | | subsection (a-7) of Section
1 of that Act
that
occurs | 3 | | within 12 months after the first violation is punishable by | 4 | | a $100
fine
and 30 hours of community service.
| 5 | | (d) Any second or subsequent violation not within the | 6 | | 12-month time period
after the first violation is | 7 | | punishable as provided for a first violation.
| 8 | | (Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15; | 9 | | 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, eff. 1-1-17; | 10 | | revised 9-2-16.) | 11 | | (705 ILCS 405/Art. V Pt. 7A heading) | 12 | | PART 7A. JUVENILE ELECTRONIC MONITORING AND HOME DETENTION LAW
| 13 | | (Source: P.A. 96-293, eff. 1-1-10 .) | 14 | | (705 ILCS 405/5-7A-101) | 15 | | Sec. 5-7A-101. Short title. This Part may be cited as
the | 16 | | Juvenile Electronic Monitoring and Home Detention Law.
| 17 | | (Source: P.A. 96-293, eff. 1-1-10.) | 18 | | (705 ILCS 405/5-7A-110) | 19 | | Sec. 5-7A-110. Application. | 20 | | (a) Except as provided in subsection (d), a minor subject | 21 | | to an adjudicatory hearing or adjudicated delinquent for an act | 22 | | that if committed by an adult would be an excluded offense may | 23 | | not be placed in an electronic monitoring or home detention |
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| 1 | | program, except upon order of the court upon good cause shown. | 2 | | (b) A minor adjudicated delinquent for an act that if | 3 | | committed by an adult would be a Class 1 felony, other than an | 4 | | excluded offense, may be placed in an electronic monitoring or | 5 | | home detention program. | 6 | | (c) A minor adjudicated delinquent for an act that if | 7 | | committed by an adult would be a Class X felony, other than an | 8 | | excluded offense, may be placed in an electronic monitoring or | 9 | | home detention program, provided that the person was sentenced | 10 | | on or after the effective date of this amendatory Act of the | 11 | | 96th General Assembly and provided that the court has not | 12 | | prohibited the program for the minor in the sentencing order. | 13 | | (d) Applications for electronic monitoring or home | 14 | | detention may include the following: | 15 | | (1) pre-adjudicatory detention; | 16 | | (2) probation; | 17 | | (3) furlough; | 18 | | (4) post-trial incarceration; or | 19 | | (5) any other disposition under this Article.
| 20 | | (Source: P.A. 96-293, eff. 1-1-10.) | 21 | | (705 ILCS 405/5-7A-115) | 22 | | Sec. 5-7A-115. Program description. The supervising | 23 | | authority may promulgate rules that prescribe reasonable | 24 | | guidelines under which an electronic monitoring and home | 25 | | detention program shall operate. These rules shall include, but |
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| 1 | | not be limited , to , the following: | 2 | | (A) The participant shall remain within the interior | 3 | | premises or within the property boundaries of his or her | 4 | | residence at all times during the hours designated by the | 5 | | supervising authority. Such instances of approved absences | 6 | | from the home may include, but are not limited to, the | 7 | | following: | 8 | | (1) working or employment approved by the court or
| 9 | | traveling to or from approved employment; | 10 | | (2) unemployed and seeking employment approved for
| 11 | | the participant by the court; | 12 | | (3) undergoing medical, psychiatric, mental health
| 13 | | treatment, counseling, or other treatment programs | 14 | | approved for the participant by the court; | 15 | | (4) attending an educational institution or a
| 16 | | program approved for the participant by the court; | 17 | | (5) attending a regularly scheduled religious
| 18 | | service at a place of worship; | 19 | | (6) participating in community work release or
| 20 | | community service programs approved for the | 21 | | participant by the supervising authority; or | 22 | | (7) for another compelling reason consistent with
| 23 | | the public interest, as approved by the supervising | 24 | | authority. | 25 | | (B) The participant shall admit any person or agent | 26 | | designated by the supervising authority into his or her |
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| 1 | | residence at any time for purposes of verifying the | 2 | | participant's compliance with the conditions of his or her | 3 | | detention. | 4 | | (C) The participant shall make the necessary | 5 | | arrangements to allow for any person or agent designated by | 6 | | the supervising authority to visit the participant's place | 7 | | of education or employment at any time, based upon the | 8 | | approval of the educational institution or employer or | 9 | | both, for the purpose of verifying the participant's | 10 | | compliance with the conditions of his or her detention. | 11 | | (D) The participant shall acknowledge and participate | 12 | | with the approved electronic monitoring device as | 13 | | designated by the supervising authority at any time for the | 14 | | purpose of verifying the participant's compliance with the | 15 | | conditions of his or her detention. | 16 | | (E) The participant shall maintain the following: | 17 | | (1) a working telephone in the participant's home; | 18 | | (2) a monitoring device in the participant's home ,
| 19 | | or on the participant's person, or both; and | 20 | | (3) a monitoring device in the participant's home
| 21 | | and on the participant's person in the absence of a | 22 | | telephone. | 23 | | (F) The participant shall obtain approval from the | 24 | | supervising authority before the participant changes | 25 | | residence or the schedule described in paragraph (A) of | 26 | | this Section. |
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| 1 | | (G) The participant shall not commit another act that | 2 | | if committed by an adult would constitute a crime during | 3 | | the period of home detention ordered by the court. | 4 | | (H) Notice to the participant that violation of the | 5 | | order for home detention may subject the participant to an | 6 | | adjudicatory hearing for escape as described in Section | 7 | | 5-7A-120. | 8 | | (I) The participant shall abide by other conditions as | 9 | | set by the supervising authority.
| 10 | | (Source: P.A. 96-293, eff. 1-1-10; revised 10-25-16.) | 11 | | (705 ILCS 405/5-7A-120)
| 12 | | Sec. 5-7A-120. Escape; failure to comply with a condition | 13 | | of the juvenile electronic home monitoring or home detention | 14 | | program. A minor charged with or adjudicated delinquent for an | 15 | | act that, if committed by an adult, would constitute a felony | 16 | | or misdemeanor, conditionally released from the supervising | 17 | | authority through a juvenile electronic home monitoring or home | 18 | | detention program, who knowingly violates a condition of the | 19 | | juvenile electronic home monitoring or home detention program | 20 | | shall be adjudicated a delinquent minor for such act and shall | 21 | | be subject to an additional sentencing order under Section | 22 | | 5-710.
| 23 | | (Source: P.A. 96-293, eff. 1-1-10; 97-333, eff. 8-12-11.) | 24 | | (705 ILCS 405/5-7A-125)
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| 1 | | Sec. 5-7A-125. Consent of the participant. Before entering | 2 | | an order for commitment for juvenile electronic monitoring home | 3 | | detention , the supervising authority shall inform the | 4 | | participant and other persons residing in the home of the | 5 | | nature and extent of the approved electronic monitoring devices | 6 | | by doing the following: | 7 | | (A) Securing the written consent of the participant in | 8 | | the program to comply with the rules and regulations of the | 9 | | program as stipulated in paragraphs (A) through (I) of | 10 | | Section 5-7A-115. | 11 | | (B) Where possible, securing the written consent of | 12 | | other persons residing in the home of the participant, | 13 | | including the parent or legal guardian of the minor and of | 14 | | the person in whose name the telephone is registered, at | 15 | | the time of the order for or commitment for electronic | 16 | | monitoring home detention is entered and acknowledge the | 17 | | nature and extent of approved electronic monitoring | 18 | | devices. | 19 | | (C) Ensure that the approved electronic devices are | 20 | | minimally intrusive upon the privacy of the participant and | 21 | | other persons residing in the home while remaining in | 22 | | compliance with paragraphs (B) through (D) of Section | 23 | | 5-7A-115.
| 24 | | (Source: P.A. 96-293, eff. 1-1-10; 97-333, eff. 8-12-11.)"; and | 25 | | on page 1, by replacing lines 10 and 11 with the following:
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| 1 | | " juveniles subject to the jurisdiction of the juvenile drug | 2 | | court program as a less restrictive alternative to detention, | 3 | | consistent with any available evidence-based risk assessment | 4 | | or substance abuse treatment eligibility screening. | 5 | | Section 10. The Criminal Code of 2012 is amended by | 6 | | changing Section 11-9.2 as follows:
| 7 | | (720 ILCS 5/11-9.2)
| 8 | | Sec. 11-9.2. Custodial sexual misconduct.
| 9 | | (a) A person commits custodial sexual misconduct
when: (1) | 10 | | he or
she is an employee of a penal system and engages in | 11 | | sexual conduct or sexual
penetration with a person who is in | 12 | | the custody of that penal system or (2)
he or she is an | 13 | | employee of a treatment and detention facility and engages in
| 14 | | sexual conduct or sexual penetration with a person who is in | 15 | | the custody of
that
treatment and detention facility.
| 16 | | (b) A probation or supervising officer, surveillance | 17 | | agent, or aftercare specialist commits custodial
sexual | 18 | | misconduct when the probation or supervising officer, | 19 | | surveillance
agent, or aftercare specialist engages in sexual
| 20 | | conduct or sexual penetration with a probationer, parolee, or | 21 | | releasee or
person serving a term of conditional release who is
| 22 | | under the supervisory, disciplinary, or custodial authority of | 23 | | the
officer or agent or employee so
engaging in the sexual | 24 | | conduct or sexual penetration.
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| 1 | | (c) Custodial sexual misconduct is a Class 3 felony.
| 2 | | (d) Any person convicted of violating this Section | 3 | | immediately shall forfeit
his or her employment with a penal | 4 | | system, treatment and detention facility,
or conditional | 5 | | release program.
| 6 | | (e) For purposes of this Section, the consent of the | 7 | | probationer, parolee,
releasee, or inmate in custody of the | 8 | | penal system or person detained or
civilly committed under the | 9 | | Sexually Violent Persons Commitment Act
shall not be a defense | 10 | | to a
prosecution under this Section. A person is deemed | 11 | | incapable of consent, for
purposes of this Section, when he or | 12 | | she is a probationer, parolee, releasee,
or inmate in custody | 13 | | of a penal system or person detained or civilly
committed under | 14 | | the Sexually Violent Persons Commitment Act.
| 15 | | (f) This Section does not apply to:
| 16 | | (1) Any employee, probation or supervising officer, | 17 | | surveillance
agent, or aftercare specialist who is | 18 | | lawfully
married to a person in custody if the marriage | 19 | | occurred before the date of
custody.
| 20 | | (2) Any employee, probation or supervising officer, | 21 | | surveillance
agent, or aftercare specialist who has no | 22 | | knowledge,
and would have no reason to believe, that the | 23 | | person with whom he or she
engaged in custodial sexual | 24 | | misconduct was a person in custody.
| 25 | | (g) In this Section:
| 26 | | (0.5) "Aftercare specialist" means any person employed |
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| 1 | | by the Department of Juvenile Justice to supervise and | 2 | | facilitate services for persons placed on aftercare | 3 | | release.
| 4 | | (1) "Custody" means:
| 5 | | (i) pretrial incarceration or detention;
| 6 | | (ii) incarceration or detention under a sentence | 7 | | or commitment to a
State or local penal institution;
| 8 | | (iii) parole, aftercare release, or mandatory | 9 | | supervised release;
| 10 | | (iv) electronic monitoring or home detention;
| 11 | | (v) probation;
| 12 | | (vi) detention or civil commitment either in | 13 | | secure care or in the
community under the Sexually | 14 | | Violent Persons Commitment Act.
| 15 | | (2) "Penal system" means any system which includes | 16 | | institutions as defined
in Section 2-14 of this Code or a | 17 | | county shelter care or detention home
established under | 18 | | Section 1 of the County Shelter Care and Detention Home | 19 | | Act.
| 20 | | (2.1) "Treatment and detention facility" means any | 21 | | Department of Human
Services facility established for the | 22 | | detention or civil commitment of persons
under the Sexually | 23 | | Violent Persons Commitment Act.
| 24 | | (2.2) "Conditional release" means a program of | 25 | | treatment and services,
vocational services, and alcohol | 26 | | or other drug abuse treatment provided to any
person |
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| 1 | | civilly committed and conditionally released to the | 2 | | community under
the Sexually Violent Persons Commitment | 3 | | Act;
| 4 | | (3) "Employee" means:
| 5 | | (i) an employee of any governmental agency of this | 6 | | State or any county
or
municipal corporation that has | 7 | | by statute, ordinance, or court order the
| 8 | | responsibility for the care, control, or supervision | 9 | | of pretrial or sentenced
persons in a penal system or | 10 | | persons detained or civilly committed under the
| 11 | | Sexually Violent Persons Commitment Act;
| 12 | | (ii) a contractual employee of a penal system as | 13 | | defined in paragraph
(g)(2) of
this Section who works | 14 | | in a penal institution as defined in Section 2-14 of
| 15 | | this Code;
| 16 | | (iii) a contractual employee of a "treatment and | 17 | | detention facility"
as defined in paragraph (g)(2.1) | 18 | | of this Code or a contractual employee of the
| 19 | | Department of Human Services who provides supervision | 20 | | of persons serving a
term of conditional release as | 21 | | defined in paragraph (g)(2.2) of this Code.
| 22 | | (4) "Sexual conduct" or "sexual penetration" means any | 23 | | act of sexual
conduct or sexual penetration as defined in | 24 | | Section 11-0.1 of this Code.
| 25 | | (5) "Probation officer" means any person employed in a | 26 | | probation or court
services department as defined in |
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| 1 | | Section 9b of the Probation and Probation
Officers Act.
| 2 | | (6) "Supervising officer" means any person employed to | 3 | | supervise persons
placed on parole or mandatory supervised | 4 | | release with the duties described in
Section 3-14-2 of the | 5 | | Unified Code of Corrections.
| 6 | | (7) "Surveillance agent" means any person employed or | 7 | | contracted to
supervise persons placed on conditional | 8 | | release in the community under
the Sexually Violent Persons | 9 | | Commitment Act.
| 10 | | (Source: P.A. 98-558, eff. 1-1-14.)
| 11 | | Section 15. The Unified Code of Corrections is amended by | 12 | | changing Sections 5-1-10, 5-4.5-20, 5-4.5-25, 5-4.5-30, | 13 | | 5-4.5-35, 5-4.5-40, 5-4.5-45, 5-4.5-55, 5-4.5-60, 5-4.5-65, | 14 | | 5-8-1, 5-8A-3, 5-8A-4.1, 5-8A-5, and 5-8A-6 as follows:
| 15 | | (730 ILCS 5/5-1-10) (from Ch. 38, par. 1005-1-10)
| 16 | | Sec. 5-1-10. Imprisonment. "Imprisonment" means | 17 | | incarceration in a correctional institution under a
sentence of | 18 | | imprisonment and does not include "periodic imprisonment" | 19 | | under
Article 7. "Imprisonment" also includes electronic | 20 | | monitoring or home detention served by an offender after (i) | 21 | | the offender has been committed to the custody of the sheriff | 22 | | to serve the sentence and (ii) the sheriff has placed the | 23 | | offender in an electronic monitoring or home detention program | 24 | | in accordance with Article 8A of Chapter V of this Code.
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| 1 | | (Source: P.A. 98-161, eff. 1-1-14.)
| 2 | | (730 ILCS 5/5-4.5-20) | 3 | | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | 4 | | degree murder: | 5 | | (a) TERM. The defendant shall be sentenced to imprisonment | 6 | | or, if appropriate, death under Section 9-1 of the Criminal | 7 | | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | 8 | | Imprisonment shall be for a determinate term of (1) not less | 9 | | than 20 years and not more than 60 years; (2) not less than 60 | 10 | | years and not more than 100 years when an extended term is | 11 | | imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural | 12 | | life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).
| 13 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | 14 | | shall not be imposed.
| 15 | | (c) IMPACT INCARCERATION. The impact incarceration program | 16 | | or the county impact incarceration program is not an authorized | 17 | | disposition.
| 18 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | 19 | | probation or conditional discharge shall not be imposed.
| 20 | | (e) FINE. Fines may be imposed as provided in Section | 21 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 22 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 23 | | concerning restitution.
| 24 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 25 | | be concurrent or consecutive as provided in Section 5-8-4 (730 |
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| 1 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 2 | | (h) DRUG COURT. Drug court is not an authorized | 3 | | disposition.
| 4 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 5 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home | 6 | | detention prior to judgment.
| 7 | | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | 8 | | for rules and regulations for sentence credit.
| 9 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic | 10 | | monitoring and home detention are not authorized dispositions | 11 | | is not an authorized disposition , except in limited | 12 | | circumstances as provided in Section 5-8A-3 (730 ILCS | 13 | | 5/5-8A-3).
| 14 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 15 | | provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | 16 | | mandatory supervised release term shall be 3 years upon release | 17 | | from imprisonment.
| 18 | | (Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.) | 19 | | (730 ILCS 5/5-4.5-25) | 20 | | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | 21 | | felony: | 22 | | (a) TERM. The sentence of imprisonment shall be a | 23 | | determinate sentence of not less than 6 years and not more than | 24 | | 30 years. The sentence of imprisonment for an extended term | 25 | | Class X felony, as provided in Section 5-8-2 (730 ILCS |
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| 1 | | 5/5-8-2), shall be not less than 30 years and not more than 60 | 2 | | years.
| 3 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | 4 | | shall not be imposed.
| 5 | | (c) IMPACT INCARCERATION. The impact incarceration program | 6 | | or the county impact incarceration program is not an authorized | 7 | | disposition.
| 8 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | 9 | | probation or conditional discharge shall not be imposed.
| 10 | | (e) FINE. Fines may be imposed as provided in Section | 11 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 12 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 13 | | concerning restitution.
| 14 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 15 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 16 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 17 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 18 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 19 | | program.
| 20 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 21 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home | 22 | | detention prior to judgment.
| 23 | | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | 24 | | for rules and regulations for sentence credit.
| 25 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 26 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for |
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| 1 | | electronic monitoring and home detention.
| 2 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 3 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 4 | | 5/5-8-1), the parole or mandatory supervised release term shall | 5 | | be 3 years upon release from imprisonment.
| 6 | | (Source: P.A. 97-697, eff. 6-22-12.) | 7 | | (730 ILCS 5/5-4.5-30) | 8 | | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 | 9 | | felony: | 10 | | (a) TERM. The sentence of imprisonment, other than for | 11 | | second degree murder, shall be a determinate sentence of not | 12 | | less than 4 years and not more than 15 years. The sentence of | 13 | | imprisonment for second degree murder shall be a determinate | 14 | | sentence of not less than 4 years and not more than 20 years. | 15 | | The sentence of imprisonment for an extended term Class 1 | 16 | | felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall | 17 | | be a term not less than 15 years and not more than 30 years.
| 18 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 19 | | imprisonment shall be for a definite term of from 3 to 4 years, | 20 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | 21 | | ILCS 5/5-5-3 or 5/5-7-1).
| 22 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 23 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 24 | | the impact incarceration program or the county impact | 25 | | incarceration program.
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| 1 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 2 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 3 | | period of probation or conditional discharge shall not exceed 4 | 4 | | years. The court shall specify the conditions of probation or | 5 | | conditional discharge as set forth in Section 5-6-3 (730 ILCS | 6 | | 5/5-6-3). In no case shall an offender be eligible for a | 7 | | disposition of probation or conditional discharge for a Class 1 | 8 | | felony committed while he or she was serving a term of | 9 | | probation or conditional discharge for a felony.
| 10 | | (e) FINE. Fines may be imposed as provided in Section | 11 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 12 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 13 | | concerning restitution.
| 14 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 15 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 16 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 17 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 18 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 19 | | program.
| 20 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 21 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 22 | | detention prior to judgment.
| 23 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 24 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 25 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 26 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section |
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| 1 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 2 | | electronic monitoring and home detention.
| 3 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 4 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 5 | | 5/5-8-1), the parole or mandatory supervised release term shall | 6 | | be 2 years upon release from imprisonment.
| 7 | | (Source: P.A. 97-697, eff. 6-22-12.) | 8 | | (730 ILCS 5/5-4.5-35) | 9 | | Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2 | 10 | | felony: | 11 | | (a) TERM. The sentence of imprisonment shall be a | 12 | | determinate sentence of not less than 3 years and not more than | 13 | | 7 years. The sentence of imprisonment for an extended term | 14 | | Class 2 felony, as provided in Section 5-8-2 (730 ILCS | 15 | | 5/5-8-2), shall be a term not less than 7 years and not more | 16 | | than 14 years.
| 17 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 18 | | imprisonment shall be for a definite term of from 18 to 30 | 19 | | months, except as otherwise provided in Section 5-5-3 or 5-7-1 | 20 | | (730 ILCS 5/5-5-3 or 5/5-7-1).
| 21 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 22 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 23 | | the impact incarceration program or the county impact | 24 | | incarceration program.
| 25 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided |
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| 1 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 2 | | period of probation or conditional discharge shall not exceed 4 | 3 | | years. The court shall specify the conditions of probation or | 4 | | conditional discharge as set forth in Section 5-6-3 (730 ILCS | 5 | | 5/5-6-3).
| 6 | | (e) FINE. Fines may be imposed as provided in Section | 7 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 8 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 9 | | concerning restitution.
| 10 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 11 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 12 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 13 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 14 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 15 | | program.
| 16 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 17 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 18 | | detention prior to judgment.
| 19 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 20 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 21 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 22 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 23 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 24 | | electronic monitoring and home detention.
| 25 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 26 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or |
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| 1 | | 5/5-8-1), the parole or mandatory supervised release term shall | 2 | | be 2 years upon release from imprisonment.
| 3 | | (Source: P.A. 97-697, eff. 6-22-12.) | 4 | | (730 ILCS 5/5-4.5-40) | 5 | | Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3 | 6 | | felony: | 7 | | (a) TERM. The sentence of imprisonment shall be a | 8 | | determinate sentence of not less than 2 years and not more than | 9 | | 5 years. The sentence of imprisonment for an extended term | 10 | | Class 3 felony, as provided in Section 5-8-2 (730 ILCS | 11 | | 5/5-8-2), shall be a term not less than 5 years and not more | 12 | | than 10 years.
| 13 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 14 | | imprisonment shall be for a definite term of up to 18 months, | 15 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | 16 | | ILCS 5/5-5-3 or 5/5-7-1).
| 17 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 18 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 19 | | the impact incarceration program or the county impact | 20 | | incarceration program.
| 21 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 22 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 23 | | period of probation or conditional discharge shall not exceed | 24 | | 30 months. The court shall specify the conditions of probation | 25 | | or conditional discharge as set forth in Section 5-6-3 (730 |
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| 1 | | ILCS 5/5-6-3).
| 2 | | (e) FINE. Fines may be imposed as provided in Section | 3 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 4 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 5 | | concerning restitution.
| 6 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 7 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 8 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 9 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 10 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 11 | | program.
| 12 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 13 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 14 | | detention prior to judgment.
| 15 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 16 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 17 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 18 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 19 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 20 | | electronic monitoring and home detention.
| 21 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 22 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 23 | | 5/5-8-1), the parole or mandatory supervised release term shall | 24 | | be one year upon release from imprisonment.
| 25 | | (Source: P.A. 97-697, eff. 6-22-12.) |
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| 1 | | (730 ILCS 5/5-4.5-45) | 2 | | Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4 | 3 | | felony: | 4 | | (a) TERM. The sentence of imprisonment shall be a | 5 | | determinate sentence of not less than one year and not more | 6 | | than 3 years. The sentence of imprisonment for an extended term | 7 | | Class 4 felony, as provided in Section 5-8-2 (730 ILCS | 8 | | 5/5-8-2), shall be a term not less than 3 years and not more | 9 | | than 6 years.
| 10 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 11 | | imprisonment shall be for a definite term of up to 18 months, | 12 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | 13 | | ILCS 5/5-5-3 or 5/5-7-1).
| 14 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 15 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 16 | | the impact incarceration program or the county impact | 17 | | incarceration program.
| 18 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 19 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 20 | | period of probation or conditional discharge shall not exceed | 21 | | 30 months. The court shall specify the conditions of probation | 22 | | or conditional discharge as set forth in Section 5-6-3 (730 | 23 | | ILCS 5/5-6-3).
| 24 | | (e) FINE. Fines may be imposed as provided in Section | 25 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 26 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) |
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| 1 | | concerning restitution.
| 2 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 3 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 4 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 5 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 6 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 7 | | program.
| 8 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 9 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 10 | | detention prior to judgment.
| 11 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 12 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 13 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 14 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 15 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 16 | | electronic monitoring and home detention.
| 17 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 18 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 19 | | 5/5-8-1), the parole or mandatory supervised release term shall | 20 | | be one year upon release from imprisonment.
| 21 | | (Source: P.A. 97-697, eff. 6-22-12.) | 22 | | (730 ILCS 5/5-4.5-55) | 23 | | Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class | 24 | | A misdemeanor: | 25 | | (a) TERM. The sentence of imprisonment shall be a |
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| 1 | | determinate sentence of less than one year.
| 2 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 3 | | imprisonment shall be for a definite term of less than one | 4 | | year, except as otherwise provided in Section 5-5-3 or 5-7-1 | 5 | | (730 ILCS 5/5-5-3 or 5/5-7-1).
| 6 | | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS | 7 | | 5/5-8-1.2) concerning eligibility for the county impact | 8 | | incarceration program.
| 9 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 10 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 11 | | period of probation or conditional discharge shall not exceed 2 | 12 | | years. The court shall specify the conditions of probation or | 13 | | conditional discharge as set forth in Section 5-6-3 (730 ILCS | 14 | | 5/5-6-3).
| 15 | | (e) FINE. A fine not to exceed $2,500 for each offense or | 16 | | the amount specified in the offense, whichever is greater, may | 17 | | be imposed. A fine may be imposed in addition to a sentence of | 18 | | conditional discharge, probation, periodic imprisonment, or | 19 | | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, | 20 | | Art. 9) for imposition of additional amounts and determination | 21 | | of amounts and payment.
| 22 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 23 | | concerning restitution.
| 24 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 25 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 26 | | ILCS 5/5-8-4).
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| 1 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 2 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 3 | | program.
| 4 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 5 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 6 | | detention prior to judgment.
| 7 | | (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good | 8 | | Behavior Allowance Act (730 ILCS 130/) for rules and | 9 | | regulations for good behavior allowance.
| 10 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 11 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 12 | | electronic monitoring and home detention.
| 13 | | (Source: P.A. 97-697, eff. 6-22-12.) | 14 | | (730 ILCS 5/5-4.5-60) | 15 | | Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class | 16 | | B misdemeanor: | 17 | | (a) TERM. The sentence of imprisonment shall be a | 18 | | determinate sentence of not more than 6 months.
| 19 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 20 | | imprisonment shall be for a definite term of up to 6 months or | 21 | | as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
| 22 | | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS | 23 | | 5/5-8-1.2) concerning eligibility for the county impact | 24 | | incarceration program.
| 25 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided |
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| 1 | | in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or | 2 | | conditional discharge shall not exceed 2 years. The court shall | 3 | | specify the conditions of probation or conditional discharge as | 4 | | set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
| 5 | | (e) FINE. A fine not to exceed $1,500 for each offense or | 6 | | the amount specified in the offense, whichever is greater, may | 7 | | be imposed. A fine may be imposed in addition to a sentence of | 8 | | conditional discharge, probation, periodic imprisonment, or | 9 | | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, | 10 | | Art. 9) for imposition of additional amounts and determination | 11 | | of amounts and payment.
| 12 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 13 | | concerning restitution.
| 14 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 15 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 16 | | ILCS 5/5-8-4).
| 17 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 18 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 19 | | program.
| 20 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 21 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 22 | | detention prior to judgment.
| 23 | | (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good | 24 | | Behavior Allowance Act (730 ILCS 130/) for rules and | 25 | | regulations for good behavior allowance.
| 26 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section |
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| 1 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 2 | | electronic monitoring and home detention.
| 3 | | (Source: P.A. 97-697, eff. 6-22-12.) | 4 | | (730 ILCS 5/5-4.5-65) | 5 | | Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class | 6 | | C misdemeanor: | 7 | | (a) TERM. The sentence of imprisonment shall be a | 8 | | determinate sentence of not more than 30 days.
| 9 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 10 | | imprisonment shall be for a definite term of up to 30 days or | 11 | | as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
| 12 | | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS | 13 | | 5/5-8-1.2) concerning eligibility for the county impact | 14 | | incarceration program.
| 15 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 16 | | in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or | 17 | | conditional discharge shall not exceed 2 years. The court shall | 18 | | specify the conditions of probation or conditional discharge as | 19 | | set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
| 20 | | (e) FINE. A fine not to exceed $1,500 for each offense or | 21 | | the amount specified in the offense, whichever is greater, may | 22 | | be imposed. A fine may be imposed in addition to a sentence of | 23 | | conditional discharge, probation, periodic imprisonment, or | 24 | | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, | 25 | | Art. 9) for imposition of additional amounts and determination |
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| 1 | | of amounts and payment.
| 2 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 3 | | concerning restitution.
| 4 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 5 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 6 | | ILCS 5/5-8-4).
| 7 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 8 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 9 | | program.
| 10 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 11 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 12 | | detention prior to judgment.
| 13 | | (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good | 14 | | Behavior Allowance Act (730 ILCS 130/) for rules and | 15 | | regulations for good behavior allowance.
| 16 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 17 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 18 | | electronic monitoring and home detention.
| 19 | | (Source: P.A. 97-697, eff. 6-22-12.)
| 20 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 21 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 22 | | use of a firearm; mandatory supervised release terms.
| 23 | | (a) Except as otherwise provided in the statute defining | 24 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 25 | | imprisonment for a felony shall be a determinate sentence set |
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| 1 | | by
the court under this Section, according to the following | 2 | | limitations:
| 3 | | (1) for first degree murder,
| 4 | | (a) (blank),
| 5 | | (b) if a trier of fact finds beyond a reasonable
| 6 | | doubt that the murder was accompanied by exceptionally
| 7 | | brutal or heinous behavior indicative of wanton | 8 | | cruelty or, except as set forth
in subsection (a)(1)(c) | 9 | | of this Section, that any of the aggravating factors
| 10 | | listed in subsection (b) or (b-5) of Section 9-1 of the | 11 | | Criminal Code of 1961 or the Criminal Code of 2012 are
| 12 | | present, the court may sentence the defendant, subject | 13 | | to Section 5-4.5-105, to a term of natural life
| 14 | | imprisonment, or
| 15 | | (c) the court shall sentence the defendant to a | 16 | | term of natural life
imprisonment if the defendant, at | 17 | | the time of the commission of the murder, had attained | 18 | | the age of 18, and
| 19 | | (i) has previously been convicted of first | 20 | | degree murder under
any state or federal law, or
| 21 | | (ii) is found guilty of murdering more
than one | 22 | | victim, or
| 23 | | (iii) is found guilty of murdering a peace | 24 | | officer, fireman, or emergency management worker | 25 | | when
the peace officer, fireman, or emergency | 26 | | management worker was killed in the course of |
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| 1 | | performing his
official duties, or to prevent the | 2 | | peace officer or fireman from
performing his | 3 | | official duties, or in retaliation for the peace | 4 | | officer,
fireman, or emergency management worker | 5 | | from performing his official duties, and the | 6 | | defendant knew or should
have known that the | 7 | | murdered individual was a peace officer, fireman, | 8 | | or emergency management worker, or
| 9 | | (iv) is found guilty of murdering an employee | 10 | | of an institution or
facility of the Department of | 11 | | Corrections, or any similar local
correctional | 12 | | agency, when the employee was killed in the course | 13 | | of
performing his official duties, or to prevent | 14 | | the employee from performing
his official duties, | 15 | | or in retaliation for the employee performing his
| 16 | | official duties, or
| 17 | | (v) is found guilty of murdering an emergency | 18 | | medical
technician - ambulance, emergency medical | 19 | | technician - intermediate, emergency
medical | 20 | | technician - paramedic, ambulance driver or other | 21 | | medical assistance or
first aid person while | 22 | | employed by a municipality or other governmental | 23 | | unit
when the person was killed in the course of | 24 | | performing official duties or
to prevent the | 25 | | person from performing official duties or in | 26 | | retaliation
for performing official duties and the |
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| 1 | | defendant knew or should have known
that the | 2 | | murdered individual was an emergency medical | 3 | | technician - ambulance,
emergency medical | 4 | | technician - intermediate, emergency medical
| 5 | | technician - paramedic, ambulance driver, or other | 6 | | medical
assistant or first aid personnel, or
| 7 | | (vi) (blank), or
| 8 | | (vii) is found guilty of first degree murder | 9 | | and the murder was
committed by reason of any | 10 | | person's activity as a community policing | 11 | | volunteer
or to prevent any person from engaging in | 12 | | activity as a community policing
volunteer. For | 13 | | the purpose of this Section, "community policing | 14 | | volunteer"
has the meaning ascribed to it in | 15 | | Section 2-3.5 of the Criminal Code of 2012.
| 16 | | For purposes of clause (v), "emergency medical | 17 | | technician - ambulance",
"emergency medical technician - | 18 | | intermediate", "emergency medical technician -
| 19 | | paramedic", have the meanings ascribed to them in the | 20 | | Emergency Medical
Services (EMS) Systems Act.
| 21 | | (d) (i) if the person committed the offense while | 22 | | armed with a
firearm, 15 years shall be added to | 23 | | the term of imprisonment imposed by the
court;
| 24 | | (ii) if, during the commission of the offense, | 25 | | the person
personally discharged a firearm, 20 | 26 | | years shall be added to the term of
imprisonment |
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| 1 | | imposed by the court;
| 2 | | (iii) if, during the commission of the | 3 | | offense, the person
personally discharged a | 4 | | firearm that proximately caused great bodily harm,
| 5 | | permanent disability, permanent disfigurement, or | 6 | | death to another person, 25
years or up to a term | 7 | | of natural life shall be added to the term of
| 8 | | imprisonment imposed by the court.
| 9 | | (2) (blank);
| 10 | | (2.5) for a person who has attained the age of 18 years
| 11 | | at the time of the commission of the offense and
who is | 12 | | convicted under the circumstances described in subdivision | 13 | | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection | 14 | | (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 | 15 | | or paragraph (2) of subsection
(d) of Section 12-14, | 16 | | subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) | 17 | | of subsection (b) of
Section 12-14.1, subdivision (b)(2) of | 18 | | Section 11-1.40 or paragraph (2) of subsection (b) of | 19 | | Section 12-14.1
of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012, the sentence shall be a term of | 21 | | natural life
imprisonment.
| 22 | | (b) (Blank).
| 23 | | (c) (Blank).
| 24 | | (d) Subject to
earlier termination under Section 3-3-8, the | 25 | | parole or mandatory
supervised release term shall be written as | 26 | | part of the sentencing order and shall be as follows:
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| 1 | | (1) for first degree murder or a Class X felony except | 2 | | for the offenses of predatory criminal sexual assault of a | 3 | | child, aggravated criminal sexual assault, and criminal | 4 | | sexual assault if committed on or after the effective date | 5 | | of this amendatory Act of the 94th General Assembly and | 6 | | except for the offense of aggravated child pornography | 7 | | under Section 11-20.1B, 11-20.3, or 11-20.1 with | 8 | | sentencing under subsection (c-5) of Section 11-20.1 of the | 9 | | Criminal Code of 1961 or the Criminal Code of 2012, if | 10 | | committed on or after January 1, 2009, 3 years;
| 11 | | (2) for a Class 1 felony or a Class 2 felony except for | 12 | | the offense of criminal sexual assault if committed on or | 13 | | after the effective date of this amendatory Act of the 94th | 14 | | General Assembly and except for the offenses of manufacture | 15 | | and dissemination of child pornography under clauses | 16 | | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 17 | | of 1961 or the Criminal Code of 2012, if committed on or | 18 | | after January 1, 2009, 2 years;
| 19 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 20 | | (4) for defendants who commit the offense of predatory | 21 | | criminal sexual assault of a child, aggravated criminal | 22 | | sexual assault, or criminal sexual assault, on or after the | 23 | | effective date of this amendatory Act of the 94th General | 24 | | Assembly, or who commit the offense of aggravated child | 25 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 26 | | with sentencing under subsection (c-5) of Section 11-20.1 |
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| 1 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 2 | | manufacture of child pornography, or dissemination of | 3 | | child pornography after January 1, 2009, the term of | 4 | | mandatory supervised release shall range from a minimum of | 5 | | 3 years to a maximum of the natural life of the defendant;
| 6 | | (5) if the victim is under 18 years of age, for a | 7 | | second or subsequent
offense of aggravated criminal sexual | 8 | | abuse or felony criminal sexual abuse,
4 years, at least | 9 | | the first 2 years of which the defendant shall serve in an
| 10 | | electronic monitoring or home detention program under | 11 | | Article 8A of Chapter V of this Code;
| 12 | | (6) for a felony domestic battery, aggravated domestic | 13 | | battery, stalking, aggravated stalking, and a felony | 14 | | violation of an order of protection, 4 years. | 15 | | (e) (Blank).
| 16 | | (f) (Blank).
| 17 | | (Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17 .)
| 18 | | (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
| 19 | | Sec. 5-8A-3. Application.
| 20 | | (a) Except as provided in subsection (d), a person charged | 21 | | with
or convicted of an
excluded offense may not be placed in | 22 | | an electronic monitoring or home
detention program, except for | 23 | | bond pending trial or appeal or while on parole, aftercare | 24 | | release,
or mandatory supervised release.
| 25 | | (b) A person serving a sentence for a conviction of a Class |
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| 1 | | 1 felony,
other than an excluded offense, may be placed in an | 2 | | electronic monitoring or home detention
program for a period | 3 | | not to exceed the last 90 days of incarceration.
| 4 | | (c) A person serving a sentence for a conviction
of a Class | 5 | | X felony, other than an excluded offense, may be placed
in an | 6 | | electronic monitoring or home detention program for a period | 7 | | not to exceed the last 90
days of incarceration, provided that | 8 | | the person was sentenced on or after August 11, 1993 ( the
| 9 | | effective date of Public Act 88-311) this amendatory Act of | 10 | | 1993 and provided that the court has
not prohibited the program | 11 | | for the person in the sentencing order.
| 12 | | (d) A person serving a sentence for conviction of an | 13 | | offense other than
for predatory criminal sexual assault of a | 14 | | child, aggravated criminal
sexual assault, criminal sexual | 15 | | assault, aggravated
criminal sexual abuse, or felony criminal | 16 | | sexual abuse, may be placed in an
electronic monitoring or home | 17 | | detention program for a period not to exceed the last 12 months
| 18 | | of incarceration, provided that (i) the person is 55 years of | 19 | | age or older;
(ii) the person is serving a determinate | 20 | | sentence; (iii) the person has served
at least 25% of the | 21 | | sentenced prison term; and (iv) placement in an electronic
home | 22 | | monitoring or home detention program is approved by the | 23 | | Prisoner Review Board or the Department of Juvenile Justice.
| 24 | | (e) A person serving a sentence for conviction
of a Class | 25 | | 2, 3 , or 4 felony offense which is not an excluded offense may | 26 | | be
placed in an
electronic monitoring or home detention program |
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| 1 | | pursuant to Department administrative
directives.
| 2 | | (f) Applications for electronic monitoring or home | 3 | | detention
may include the following:
| 4 | | (1) pretrial or pre-adjudicatory detention;
| 5 | | (2) probation;
| 6 | | (3) conditional discharge;
| 7 | | (4) periodic imprisonment;
| 8 | | (5) parole, aftercare release, or mandatory supervised | 9 | | release;
| 10 | | (6) work release;
| 11 | | (7) furlough; or
| 12 | | (8) post-trial incarceration.
| 13 | | (g) A person convicted of an offense described in clause | 14 | | (4) or (5) of
subsection (d) of Section 5-8-1 of this Code | 15 | | shall be placed in an electronic monitoring or
home detention | 16 | | program for at least the first 2 years of the person's | 17 | | mandatory
supervised release term.
| 18 | | (Source: P.A. 98-558, eff. 1-1-14; 98-756, eff. 7-16-14; | 19 | | 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; revised 9-1-16.)
| 20 | | (730 ILCS 5/5-8A-4.1)
| 21 | | Sec. 5-8A-4.1. Escape; failure to comply with a condition | 22 | | of the
electronic monitoring or home detention program. | 23 | | (a) A person charged with or convicted of a felony,
or | 24 | | charged with or adjudicated delinquent for an act which, if | 25 | | committed by an adult, would constitute a felony, conditionally |
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| 1 | | released from the supervising authority through an electronic
| 2 | | monitoring or home detention program, who knowingly violates a | 3 | | condition of the
electronic
home monitoring or home detention | 4 | | program is guilty of a Class 3 felony.
| 5 | | (b) A person charged with or convicted of a misdemeanor,
or | 6 | | charged with or adjudicated delinquent for an act which, if | 7 | | committed by an adult, would constitute a misdemeanor, | 8 | | conditionally released from the supervising authority through | 9 | | an electronic
monitoring or home detention program, who | 10 | | knowingly violates a condition of the
electronic
monitoring or | 11 | | home detention program is guilty of a Class B misdemeanor.
| 12 | | (c) A person who violates this Section while armed with a | 13 | | dangerous weapon
is guilty of a Class 1 felony.
| 14 | | (Source: P.A. 99-797, eff. 8-12-16.)
| 15 | | (730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
| 16 | | Sec. 5-8A-5. Consent of the participant. Before entering an | 17 | | order for
commitment for electronic monitoring, the | 18 | | supervising authority shall
inform the participant and other | 19 | | persons residing in the home of the nature
and extent of the | 20 | | approved electronic monitoring devices by doing the
following:
| 21 | | (A) Securing the written consent of the participant in | 22 | | the program to
comply with the rules and regulations of the | 23 | | program as stipulated in
subsections (A) through (I) of | 24 | | Section 5-8A-4.
| 25 | | (B) Where possible, securing the written consent of |
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| 1 | | other persons
residing in the home
of the participant, | 2 | | including the person in whose name the telephone is
| 3 | | registered, at the time of the order for or commitment for | 4 | | electronic monitoring
home detention is entered and | 5 | | acknowledge the nature and extent of approved
electronic | 6 | | monitoring devices.
| 7 | | (C) Ensure Insure that the approved electronic devices | 8 | | be minimally
intrusive upon the privacy of the participant
| 9 | | and other persons residing in the home
while remaining in | 10 | | compliance with subsections (B) through (D)
of Section | 11 | | 5-8A-4.
| 12 | | (D) This Section does not apply to persons subject to | 13 | | electronic monitoring Electronic
Monitoring or home detention | 14 | | as a term or condition of parole, aftercare release, or | 15 | | mandatory supervised release
under subsection (d) of Section | 16 | | 5-8-1 of this Code.
| 17 | | (Source: P.A. 98-558, eff. 1-1-14; 99-797, eff. 8-12-16; | 18 | | revised 10-27-16.)
| 19 | | (730 ILCS 5/5-8A-6)
| 20 | | Sec. 5-8A-6. Electronic monitoring of certain sex | 21 | | offenders. For a sexual predator subject to electronic home | 22 | | monitoring under paragraph (7.7) of subsection (a) of Section | 23 | | 3-3-7, the Department of Corrections must use a system that | 24 | | actively monitors and identifies the offender's current | 25 | | location and timely reports or records the offender's presence |
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| 1 | | and that alerts the Department of the offender's presence | 2 | | within a prohibited area described in Section 11-9.3 of the | 3 | | Criminal Code of 2012, in a court order, or as a condition of | 4 | | the offender's parole, mandatory supervised release, or | 5 | | extended mandatory supervised release and the offender's | 6 | | departure from specified geographic limitations. To the extent | 7 | | that he or she is able to do so, which the Department of | 8 | | Corrections by rule shall determine, the offender must pay for | 9 | | the cost of the electronic monitoring.
| 10 | | (Source: P.A. 99-797, eff. 8-12-16.)".
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