Illinois General Assembly - Full Text of SB2364
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB2364  102nd General Assembly

SB2364ham001 102ND GENERAL ASSEMBLY

Rep. Justin Slaughter

Filed: 4/8/2022

 

 


 

 


 
10200SB2364ham001LRB102 17146 RLC 39040 a

1
AMENDMENT TO SENATE BILL 2364

2    AMENDMENT NO. ______. Amend Senate Bill 2364 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Criminal Justice Information Act
5is amended by changing Section 7.7 as follows:
 
6    (20 ILCS 3930/7.7)
7    Sec. 7.7. Pretrial data collection.
8    (a) The Administrative Director of the Administrative
9Office Officer of the Illinois Courts shall convene an
10oversight board to be known as the Pretrial Practices Data
11Oversight Board to oversee the collection and analysis of data
12regarding pretrial practices in circuit court systems. The
13Board shall include, but is not limited to, designees from the
14Administrative Office of the Illinois Courts, the Illinois
15Criminal Justice Information Authority, and other entities
16that possess knowledge of pretrial practices and data

 

 

10200SB2364ham001- 2 -LRB102 17146 RLC 39040 a

1collection issues. Members of the Board shall serve without
2compensation.
3    (b) The Oversight Board shall:
4        (1) identify existing pretrial data collection
5    processes in local jurisdictions;
6        (2) define, gather and maintain records of pretrial
7    data relating to the topics listed in subsection (c) from
8    circuit clerks' offices, sheriff's departments, law
9    enforcement agencies, jails, pretrial departments,
10    probation department, State's Attorneys' offices, public
11    defenders' offices and other applicable criminal justice
12    system agencies;
13        (3) identify resources necessary to systematically
14    collect and report data related to the topics listed in
15    subsection subsections (c); and
16        (4) develop a plan to implement data collection
17    processes sufficient to collect data on the topics listed
18    in subsection (c) no later than one year after July 1, 2021
19    (the effective date of Public Act 101-652) this amendatory
20    Act of the 101st General Assembly. The plan and, once
21    implemented, the reports and analysis shall be published
22    and made publicly available on the Administrative Office
23    of the Illinois Courts (AOIC) website.
24    (c) The Pretrial Practices Data Oversight Board shall
25develop a strategy to collect quarterly, county-level data on
26the following topics; which collection of data shall begin on

 

 

10200SB2364ham001- 3 -LRB102 17146 RLC 39040 a

1July 1, 2023 starting one year after the effective date of this
2amendatory Act of the 101st General Assembly:
3        (1) information on all persons arrested and charged
4    with misdemeanor or felony charges, or both, including
5    information on persons released directly from law
6    enforcement custody;
7        (2) information on the outcomes of pretrial conditions
8    and pretrial detention hearings in the county courts,
9    including but not limited to the number of hearings held,
10    the number of defendants detained, the number of
11    defendants released, and the number of defendants released
12    with electronic monitoring;
13        (3) information regarding persons detained in the
14    county jail pretrial, including, but not limited to, the
15    number of persons detained in the jail pretrial and the
16    number detained in the jail for other reasons, the
17    demographics of the pretrial jail population, race, sex,
18    sexual orientation, gender identity, age, and ethnicity,
19    the charges including on which pretrial defendants are
20    detained, the average length of stay of pretrial
21    defendants;
22        (4) information regarding persons placed on electronic
23    monitoring programs pretrial, including, but not limited
24    to, the number of participants, the demographics of the
25    participant population, including race, sex, sexual
26    orientation, gender identity, age, and ethnicity, the

 

 

10200SB2364ham001- 4 -LRB102 17146 RLC 39040 a

1    charges on which participants are ordered to the program,
2    and the average length of participation in the program;
3        (5) discharge data regarding persons detained pretrial
4    in the county jail, including, but not limited to, the
5    number who are sentenced to the Illinois Department of
6    Corrections, the number released after being sentenced to
7    time served, the number who are released on probation,
8    conditional discharge, or other community supervision, the
9    number found not guilty, the number whose cases are
10    dismissed, the number whose cases are dismissed as part of
11    diversion or deferred prosecution program, and the number
12    who are released pretrial after a hearing re-examining
13    their pretrial detention;
14        (6) information on the pretrial rearrest of
15    individuals released pretrial, including the number
16    arrested and charged with a new misdemeanor offense while
17    released, the number arrested and charged with a new
18    felony offense while released, and the number arrested and
19    charged with a new forcible felony offense while released,
20    and how long after release these arrests occurred;
21        (7) information on the pretrial failure to appear
22    rates of individuals released pretrial, including the
23    number who missed one or more court dates, how many
24    warrants for failures to appear were issued, and how many
25    individuals were detained pretrial or placed on electronic
26    monitoring pretrial after a failure to appear in court;

 

 

10200SB2364ham001- 5 -LRB102 17146 RLC 39040 a

1        (8) what, if any, validated pretrial risk assessment
2    tools are in use in each jurisdiction, and comparisons of
3    the pretrial release and pretrial detention decisions of
4    judges as compared to and the risk assessment scores of
5    individuals; and
6        (9) any other information the Pretrial Practices Data
7    Oversight Board considers important and probative of the
8    effectiveness of pretrial practices in the State state of
9    Illinois.
10    (d) d) Circuit clerks' offices, sheriff's departments, law
11enforcement agencies, jails, pretrial departments, probation
12department, State's Attorneys' offices, public defenders'
13offices and other applicable criminal justice system agencies
14are mandated to provide data to the Administrative Office of
15the Illinois Courts as described in subsection (c).
16(Source: P.A. 101-652, eff. 7-1-21; revised 12-3-21.)
 
17    Section 10. The Code of Criminal Procedure of 1963 is
18amended by changing Section 109-1 as follows:
 
19    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
20    (Text of Section before amendment by P.A. 101-652)
21    Sec. 109-1. Person arrested.
22    (a) A person arrested with or without a warrant shall be
23taken without unnecessary delay before the nearest and most
24accessible judge in that county, except when such county is a

 

 

10200SB2364ham001- 6 -LRB102 17146 RLC 39040 a

1participant in a regional jail authority, in which event such
2person may be taken to the nearest and most accessible judge,
3irrespective of the county where such judge presides, and a
4charge shall be filed. Whenever a person arrested either with
5or without a warrant is required to be taken before a judge, a
6charge may be filed against such person by way of a two-way
7closed circuit television system, except that a hearing to
8deny bail to the defendant may not be conducted by way of
9closed circuit television.
10    (a-5) A person charged with an offense shall be allowed
11counsel at the hearing at which bail is determined under
12Article 110 of this Code. If the defendant desires counsel for
13his or her initial appearance but is unable to obtain counsel,
14the court shall appoint a public defender or licensed attorney
15at law of this State to represent him or her for purposes of
16that hearing.
17    (b) The judge shall:
18        (1) Inform the defendant of the charge against him and
19    shall provide him with a copy of the charge;
20        (2) Advise the defendant of his right to counsel and
21    if indigent shall appoint a public defender or licensed
22    attorney at law of this State to represent him in
23    accordance with the provisions of Section 113-3 of this
24    Code;
25        (3) Schedule a preliminary hearing in appropriate
26    cases;

 

 

10200SB2364ham001- 7 -LRB102 17146 RLC 39040 a

1        (4) Admit the defendant to bail in accordance with the
2    provisions of Article 110 of this Code; and
3        (5) Order the confiscation of the person's passport or
4    impose travel restrictions on a defendant arrested for
5    first degree murder or other violent crime as defined in
6    Section 3 of the Rights of Crime Victims and Witnesses
7    Act, if the judge determines, based on the factors in
8    Section 110-5 of this Code, that this will reasonably
9    ensure the appearance of the defendant and compliance by
10    the defendant with all conditions of release.
11    (c) The court may issue an order of protection in
12accordance with the provisions of Article 112A of this Code.
13    (d) At the initial appearance of a defendant in any
14criminal proceeding, the court must advise the defendant in
15open court that any foreign national who is arrested or
16detained has the right to have notice of the arrest or
17detention given to his or her country's consular
18representatives and the right to communicate with those
19consular representatives if the notice has not already been
20provided. The court must make a written record of so advising
21the defendant.
22    (e) If consular notification is not provided to a
23defendant before his or her first appearance in court, the
24court shall grant any reasonable request for a continuance of
25the proceedings to allow contact with the defendant's
26consulate. Any delay caused by the granting of the request by a

 

 

10200SB2364ham001- 8 -LRB102 17146 RLC 39040 a

1defendant shall temporarily suspend for the time of the delay
2the period within which a person shall be tried as prescribed
3by subsections (a), (b), or (e) of Section 103-5 of this Code
4and on the day of the expiration of delay the period shall
5continue at the point at which it was suspended.
6(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1,
7eff. 1-1-18.)
 
8    (Text of Section after amendment by P.A. 101-652)
9    Sec. 109-1. Person arrested; release from law enforcement
10custody and court appearance; geographical constraints prevent
11in-person appearances.
12    (a) A person arrested with or without a warrant for an
13offense for which pretrial release may be denied under
14paragraphs (1) through (6) of Section 110-6.1 shall be taken
15without unnecessary delay before the nearest and most
16accessible judge in that county, except when such county is a
17participant in a regional jail authority, in which event such
18person may be taken to the nearest and most accessible judge,
19irrespective of the county where such judge presides, and a
20charge shall be filed. Whenever a person arrested either with
21or without a warrant is required to be taken before a judge, a
22charge may be filed against such person by way of a two-way
23closed circuit television system, except that a hearing to
24deny pretrial release to the defendant may not be conducted by
25way of closed circuit television.

 

 

10200SB2364ham001- 9 -LRB102 17146 RLC 39040 a

1    (a-1) A law enforcement officer shall issue a citation in
2lieu of custodial arrest, upon proper identification, to a
3person accused of a traffic offense, a Class B misdemeanor, a
4Class C misdemeanor, a petty offense, or a business offense,
5unless the law enforcement officer, in the discretion of the
6law enforcement officer, reasonably determines the accused:
7(1) poses a specific, real, and present threat to the safety of
8the community or any person or persons; or (2) has a medical or
9mental health condition that poses a risk to the safety of the
10accused. Those released on citation shall be scheduled into
11court within 21 days. As used in this paragraph, "custodial
12arrest" means transport of the accused to a place of
13detention, as defined in subsection (a) of Section 103-2.1 Law
14enforcement shall issue a citation in lieu of custodial
15arrest, upon proper identification, for those accused of
16traffic and Class B and C criminal misdemeanor offenses, or of
17petty and business offenses, who pose no obvious threat to the
18community or any person, or who have no obvious medical or
19mental health issues that pose a risk to their own safety.
20Those released on citation shall be scheduled into court
21within 21 days.
22    (a-3) A person arrested with or without a warrant for an
23offense for which pretrial release may not be denied may,
24except as otherwise provided in this Code, be released by the
25officer without appearing before a judge. The releasing
26officer shall issue the person a summons to appear within 21

 

 

10200SB2364ham001- 10 -LRB102 17146 RLC 39040 a

1days. A presumption in favor of pretrial release shall be by
2applied by an arresting officer in the exercise of his or her
3discretion under this Section.
4    (a-5) A person charged with an offense shall be allowed
5counsel at the hearing at which pretrial release is determined
6under Article 110 of this Code. If the defendant desires
7counsel for his or her initial appearance but is unable to
8obtain counsel, the court shall appoint a public defender or
9licensed attorney at law of this State to represent him or her
10for purposes of that hearing.
11    (b) Upon initial appearance of a person before the court,
12the judge shall:
13        (1) inform the defendant of the charge against him and
14    shall provide him with a copy of the charge;
15        (2) advise the defendant of his right to counsel and
16    if indigent shall appoint a public defender or licensed
17    attorney at law of this State to represent him in
18    accordance with the provisions of Section 113-3 of this
19    Code;
20        (3) schedule a preliminary hearing in appropriate
21    cases;
22        (4) admit the defendant to pretrial release in
23    accordance with the provisions of Article 110 110/5 of
24    this Code, or upon verified petition of the State, proceed
25    with the setting of a detention hearing as provided in
26    Section 110-6.1; and

 

 

10200SB2364ham001- 11 -LRB102 17146 RLC 39040 a

1        (5) order Order the confiscation of the person's
2    passport or impose travel restrictions on a defendant
3    arrested for first degree murder or other violent crime as
4    defined in Section 3 of the Rights of Crime Victims and
5    Witnesses Act, if the judge determines, based on the
6    factors in Section 110-5 of this Code, that this will
7    reasonably ensure the appearance of the defendant and
8    compliance by the defendant with all conditions of
9    release.
10    (c) The court may issue an order of protection in
11accordance with the provisions of Article 112A of this Code.
12Crime victims shall be given notice by the State's Attorney's
13office of this hearing as required in paragraph (2) of
14subsection (b) of Section 4.5 of the Rights of Crime Victims
15and Witnesses Act and shall be informed of their opportunity
16at this hearing to obtain an order of protection under Article
17112A of this Code.
18    (d) At the initial appearance of a defendant in any
19criminal proceeding, the court must advise the defendant in
20open court that any foreign national who is arrested or
21detained has the right to have notice of the arrest or
22detention given to his or her country's consular
23representatives and the right to communicate with those
24consular representatives if the notice has not already been
25provided. The court must make a written record of so advising
26the defendant.

 

 

10200SB2364ham001- 12 -LRB102 17146 RLC 39040 a

1    (e) If consular notification is not provided to a
2defendant before his or her first appearance in court, the
3court shall grant any reasonable request for a continuance of
4the proceedings to allow contact with the defendant's
5consulate. Any delay caused by the granting of the request by a
6defendant shall temporarily suspend for the time of the delay
7the period within which a person shall be tried as prescribed
8by subsection subsections (a), (b), or (e) of Section 103-5 of
9this Code and on the day of the expiration of delay the period
10shall continue at the point at which it was suspended.
11    (f) At the hearing at which conditions of pretrial release
12are determined, the person charged shall be present in person
13rather than by video phone or any other form of electronic
14communication, unless the physical health and safety of the
15person would be endangered by appearing in court or the
16accused waives the right to be present in person.
17    (g) Defense counsel shall be given adequate opportunity to
18confer with the defendant Defendant prior to any hearing in
19which conditions of release or the detention of the defendant
20Defendant is to be considered, with a physical accommodation
21made to facilitate attorney/client consultation.
22(Source: P.A. 100-1, eff. 1-1-18; 101-652, eff. 1-1-23;
23revised 11-24-21.)
 
24    Section 15. The Pretrial Services Act is amended by
25changing Section 7 as follows:
 

 

 

10200SB2364ham001- 13 -LRB102 17146 RLC 39040 a

1    (725 ILCS 185/7)  (from Ch. 38, par. 307)
2    Sec. 7. Pretrial services agencies shall perform the
3following duties for the circuit court:
4    (a) Interview and assemble verified information and data
5concerning the community ties, employment, residency, criminal
6record, and social background of arrested persons who are to
7be, or have been, presented in court for first appearance on
8felony charges, to assist the court in determining the
9appropriate terms and conditions of pretrial release;
10    (b) Submit written reports of those investigations to the
11court along with such findings and recommendations, if any, as
12may be necessary to assess: (1) the need for financial
13security to assure the defendant's appearance at later
14proceedings; and (2) appropriate conditions which shall be
15imposed to protect against the risks of nonappearance and
16commission of new offenses or other interference with the
17orderly administration of justice before trial;
18    (c) Supervise compliance with pretrial release conditions,
19and promptly report violations of those conditions to the
20court and prosecutor to assure effective enforcement;
21    (d) Cooperate with the court and all other criminal
22justice agencies in the development of programs to minimize
23unnecessary pretrial detention and protect the public against
24breaches of pretrial release conditions; and
25    (e) Monitor the local operations of the pretrial release

 

 

10200SB2364ham001- 14 -LRB102 17146 RLC 39040 a

1system and maintain accurate and comprehensive records of
2program activities.
3(Source: P.A. 84-1449.)
 
4    Section 20. The Unified Code of Corrections is amended by
5changing Sections 5-8-1 and 5-8A-4 and by adding Section 5-8-9
6as follows:
 
7    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
8    Sec. 5-8-1. Natural life imprisonment; enhancements for
9use of a firearm; mandatory supervised release terms.
10    (a) Except as otherwise provided in the statute defining
11the offense or in Article 4.5 of Chapter V, a sentence of
12imprisonment for a felony shall be a determinate sentence set
13by the court under this Section, subject to Section 5-4.5-115
14of this Code, according to the following limitations:
15        (1) for first degree murder,
16            (a) (blank),
17            (b) if a trier of fact finds beyond a reasonable
18        doubt that the murder was accompanied by exceptionally
19        brutal or heinous behavior indicative of wanton
20        cruelty or, except as set forth in subsection
21        (a)(1)(c) of this Section, that any of the aggravating
22        factors listed in subsection (b) or (b-5) of Section
23        9-1 of the Criminal Code of 1961 or the Criminal Code
24        of 2012 are present, the court may sentence the

 

 

10200SB2364ham001- 15 -LRB102 17146 RLC 39040 a

1        defendant, subject to Section 5-4.5-105, to a term of
2        natural life imprisonment, or
3            (c) the court shall sentence the defendant to a
4        term of natural life imprisonment if the defendant, at
5        the time of the commission of the murder, had attained
6        the age of 18, and:
7                (i) has previously been convicted of first
8            degree murder under any state or federal law, or
9                (ii) is found guilty of murdering more than
10            one victim, or
11                (iii) is found guilty of murdering a peace
12            officer, fireman, or emergency management worker
13            when the peace officer, fireman, or emergency
14            management worker was killed in the course of
15            performing his official duties, or to prevent the
16            peace officer or fireman from performing his
17            official duties, or in retaliation for the peace
18            officer, fireman, or emergency management worker
19            from performing his official duties, and the
20            defendant knew or should have known that the
21            murdered individual was a peace officer, fireman,
22            or emergency management worker, or
23                (iv) is found guilty of murdering an employee
24            of an institution or facility of the Department of
25            Corrections, or any similar local correctional
26            agency, when the employee was killed in the course

 

 

10200SB2364ham001- 16 -LRB102 17146 RLC 39040 a

1            of performing his official duties, or to prevent
2            the employee from performing his official duties,
3            or in retaliation for the employee performing his
4            official duties, or
5                (v) is found guilty of murdering an emergency
6            medical technician - ambulance, emergency medical
7            technician - intermediate, emergency medical
8            technician - paramedic, ambulance driver or other
9            medical assistance or first aid person while
10            employed by a municipality or other governmental
11            unit when the person was killed in the course of
12            performing official duties or to prevent the
13            person from performing official duties or in
14            retaliation for performing official duties and the
15            defendant knew or should have known that the
16            murdered individual was an emergency medical
17            technician - ambulance, emergency medical
18            technician - intermediate, emergency medical
19            technician - paramedic, ambulance driver, or other
20            medical assistant or first aid personnel, or
21                (vi) (blank), or
22                (vii) is found guilty of first degree murder
23            and the murder was committed by reason of any
24            person's activity as a community policing
25            volunteer or to prevent any person from engaging
26            in activity as a community policing volunteer. For

 

 

10200SB2364ham001- 17 -LRB102 17146 RLC 39040 a

1            the purpose of this Section, "community policing
2            volunteer" has the meaning ascribed to it in
3            Section 2-3.5 of the Criminal Code of 2012.
4            For purposes of clause (v), "emergency medical
5        technician - ambulance", "emergency medical technician -
6         intermediate", "emergency medical technician -
7        paramedic", have the meanings ascribed to them in the
8        Emergency Medical Services (EMS) Systems Act.
9            (d)(i) if the person committed the offense while
10            armed with a firearm, 15 years shall be added to
11            the term of imprisonment imposed by the court;
12            (ii) if, during the commission of the offense, the
13        person personally discharged a firearm, 20 years shall
14        be added to the term of imprisonment imposed by the
15        court;
16            (iii) if, during the commission of the offense,
17        the person personally discharged a firearm that
18        proximately caused great bodily harm, permanent
19        disability, permanent disfigurement, or death to
20        another person, 25 years or up to a term of natural
21        life shall be added to the term of imprisonment
22        imposed by the court.
23        (2) (blank);
24        (2.5) for a person who has attained the age of 18 years
25    at the time of the commission of the offense and who is
26    convicted under the circumstances described in subdivision

 

 

10200SB2364ham001- 18 -LRB102 17146 RLC 39040 a

1    (b)(1)(B) of Section 11-1.20 or paragraph (3) of
2    subsection (b) of Section 12-13, subdivision (d)(2) of
3    Section 11-1.30 or paragraph (2) of subsection (d) of
4    Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
5    paragraph (1.2) of subsection (b) of Section 12-14.1,
6    subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
7    subsection (b) of Section 12-14.1 of the Criminal Code of
8    1961 or the Criminal Code of 2012, the sentence shall be a
9    term of natural life imprisonment.
10    (b) (Blank).
11    (c) (Blank).
12    (d) Subject to earlier termination under Section 3-3-8,
13the parole or mandatory supervised release term shall be
14written as part of the sentencing order and shall be as
15follows:
16        (1) for first degree murder or for the offenses of
17    predatory criminal sexual assault of a child, aggravated
18    criminal sexual assault, and criminal sexual assault if
19    committed on or before December 12, 2005, 3 years;
20        (1.5) except as provided in paragraph (7) of this
21    subsection (d), for a Class X felony except for the
22    offenses of predatory criminal sexual assault of a child,
23    aggravated criminal sexual assault, and criminal sexual
24    assault if committed on or after December 13, 2005 (the
25    effective date of Public Act 94-715) and except for the
26    offense of aggravated child pornography under Section

 

 

10200SB2364ham001- 19 -LRB102 17146 RLC 39040 a

1    11-20.1B, 11-20.3, or 11-20.1 with sentencing under
2    subsection (c-5) of Section 11-20.1 of the Criminal Code
3    of 1961 or the Criminal Code of 2012, if committed on or
4    after January 1, 2009, 18 months;
5        (2) except as provided in paragraph (7) of this
6    subsection (d), for a Class 1 felony or a Class 2 felony
7    except for the offense of criminal sexual assault if
8    committed on or after December 13, 2005 (the effective
9    date of Public Act 94-715) and except for the offenses of
10    manufacture and dissemination of child pornography under
11    clauses (a)(1) and (a)(2) of Section 11-20.1 of the
12    Criminal Code of 1961 or the Criminal Code of 2012, if
13    committed on or after January 1, 2009, 12 months;
14        (3) except as provided in paragraph (4), (6), or (7)
15    of this subsection (d), a mandatory supervised release
16    term shall not be imposed for a Class 3 felony or a Class 4
17    felony; unless:
18            (A) the Prisoner Review Board, based on a
19        validated risk and needs assessment, determines it is
20        necessary for an offender to serve a mandatory
21        supervised release term;
22            (B) if the Prisoner Review Board determines a
23        mandatory supervised release term is necessary
24        pursuant to subparagraph (A) of this paragraph (3),
25        the Prisoner Review Board shall specify the maximum
26        number of months of mandatory supervised release the

 

 

10200SB2364ham001- 20 -LRB102 17146 RLC 39040 a

1        offender may serve, limited to a term of: (i) 12 months
2        for a Class 3 felony; and (ii) 12 months for a Class 4
3        felony;
4        (4) for defendants who commit the offense of predatory
5    criminal sexual assault of a child, aggravated criminal
6    sexual assault, or criminal sexual assault, on or after
7    December 13, 2005 (the effective date of Public Act
8    94-715), or who commit the offense of aggravated child
9    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
10    with sentencing under subsection (c-5) of Section 11-20.1
11    of the Criminal Code of 1961 or the Criminal Code of 2012,
12    manufacture of child pornography, or dissemination of
13    child pornography after January 1, 2009, the term of
14    mandatory supervised release shall range from a minimum of
15    3 years to a maximum of the natural life of the defendant;
16        (5) if the victim is under 18 years of age, for a
17    second or subsequent offense of aggravated criminal sexual
18    abuse or felony criminal sexual abuse, 4 years, at least
19    the first 2 years of which the defendant shall serve in an
20    electronic monitoring or home detention program under
21    Article 8A of Chapter V of this Code;
22        (6) for a felony domestic battery, aggravated domestic
23    battery, stalking, aggravated stalking, and a felony
24    violation of an order of protection, 4 years;
25        (7) for any felony described in paragraph (a)(2)(ii),
26    (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),

 

 

10200SB2364ham001- 21 -LRB102 17146 RLC 39040 a

1    (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
2    3-6-3 of the Unified Code of Corrections requiring an
3    inmate to serve a minimum of 85% of their court-imposed
4    sentence, except for the offenses of predatory criminal
5    sexual assault of a child, aggravated criminal sexual
6    assault, and criminal sexual assault if committed on or
7    after December 13, 2005 (the effective date of Public Act
8    94-715) and except for the offense of aggravated child
9    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
10    with sentencing under subsection (c-5) of Section 11-20.1
11    of the Criminal Code of 1961 or the Criminal Code of 2012,
12    if committed on or after January 1, 2009 and except as
13    provided in paragraph (4) or paragraph (6) of this
14    subsection (d), the term of mandatory supervised release
15    shall be as follows:
16            (A) Class X felony, 3 years;
17            (B) Class 1 or Class 2 felonies, 2 years;
18            (C) Class 3 or Class 4 felonies, 1 year.
19    (e) (Blank).
20    (f) (Blank).
21    (g) Notwithstanding any other provisions of this Act and
22of Public Act 101-652: (i) the provisions of paragraph (3) of
23subsection (d) are effective on March 1, 2023 July 1, 2022 and
24shall apply to all individuals convicted on or after the
25effective date of paragraph (3) of subsection (d); and (ii)
26the provisions of paragraphs (1.5) and (2) of subsection (d)

 

 

10200SB2364ham001- 22 -LRB102 17146 RLC 39040 a

1are effective on July 1, 2021 and shall apply to all
2individuals convicted on or after the effective date of
3paragraphs (1.5) and (2) of subsection (d).
4(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
5102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.
61-7-22.)
 
7    (730 ILCS 5/5-8-9 new)
8    Sec. 5-8-9. The Commission on Pretrial Implementation.
9    (a) The Commission on Pretrial Implementation is created
10within the Illinois Sentencing Policy Advisory Council to
11provide recommendations to the General Assembly and Governor
12on the implementation of the pretrial fairness provisions of
13Public Act 101-652, including, but not limited to, eligibility
14for pretrial detention. The Commission shall engage with
15relevant stakeholders and review all available data in
16providing recommendations.
17    (b) The Commission shall be composed of:
18        (1) the Executive Director of the Illinois Sentencing
19    Policy Advisory Council, or his or her designee;
20        (2) two members of the House of Representatives,
21    appointed by the Speaker of the House of Representatives;
22        (3) one member of the House of Representatives,
23    appointed by the Minority Leader of the House of
24    Representatives;
25        (4) two members of the Senate, appointed by the

 

 

10200SB2364ham001- 23 -LRB102 17146 RLC 39040 a

1    President of the Senate;
2        (5) one member of the Senate, appointed by the
3    Minority Leader of the Senate;
4        (6) the Attorney General, or his or her designee;
5        (7) two members appointed by the President of the
6    Illinois State's Attorneys Association;
7        (8) two members appointed by the President of the
8    Illinois Public Defender Association;
9        (9) one member representing chiefs of police,
10    appointed by the Governor;
11        (10) one member representing sheriffs, appointed by
12    the Governor;
13        (11) the Director of the Illinois State Police, or the
14    Director's designee;
15        (12) the Chief Judge of the Circuit Court of Cook
16    County, or the Chief Judge's designee;
17        (13) the President of Illinois State Bar Association,
18    or the President's designee;
19        (14) the President of the Illinois Probation and Court
20    Services Association, or the President's designee;
21        (15) one member representing a statewide civil
22    liberties advocacy group, appointed by the Governor;
23        (16) the Executive Director of the Administrative
24    Office of the Illinois Courts, or the Executive Director's
25    designee;
26        (17) one member representing a racial justice advocacy

 

 

10200SB2364ham001- 24 -LRB102 17146 RLC 39040 a

1    group, appointed by the Governor;
2        (18) one member representing an immigrant advocacy
3    group, appointed by the Governor;
4        (19) one member representing a crime victims advocacy
5    group, appointed by the Governor;
6        (20) one member representing a domestic or sexual
7    violence victims advocacy group, appointed by the
8    Governor; and
9        (21) two members of the public, appointed by the
10    Governor.
11    (c) Members shall serve 3-year terms without compensation.
12The Commission shall select its Chairperson. The Sentencing
13Policy Advisory Council shall provide administrative support
14to the Commission.
15    (d) The Commission shall provide its first report to the
16General Assembly and the Governor on November 15, 2022 and
17shall include in the report any recommendations regarding
18eligibility for pretrial detention. Beginning in 2023, the
19Commission shall provide an annual report to the General
20Assembly and the Governor by December 31.
 
21    (730 ILCS 5/5-8A-4)  (from Ch. 38, par. 1005-8A-4)
22    Sec. 5-8A-4. Program description. The supervising
23authority may promulgate rules that prescribe reasonable
24guidelines under which an electronic monitoring and home
25detention program shall operate. When using electronic

 

 

10200SB2364ham001- 25 -LRB102 17146 RLC 39040 a

1monitoring for home detention these rules may include, but not
2be limited to, the following:
3        (A) The participant may be instructed to remain within
4    the interior premises or within the property boundaries of
5    his or her residence at all times during the hours
6    designated by the supervising authority. Such instances of
7    approved absences from the home shall include, but are not
8    limited to, the following:
9            (1) working or employment approved by the court or
10        traveling to or from approved employment;
11            (2) unemployed and seeking employment approved for
12        the participant by the court;
13            (3) undergoing medical, psychiatric, mental health
14        treatment, counseling, or other treatment programs
15        approved for the participant by the court;
16            (4) attending an educational institution or a
17        program approved for the participant by the court;
18            (5) attending a regularly scheduled religious
19        service at a place of worship;
20            (6) participating in community work release or
21        community service programs approved for the
22        participant by the supervising authority;
23            (7) for another compelling reason consistent with
24        the public interest, as approved by the supervising
25        authority; or
26            (8) purchasing groceries, food, or other basic

 

 

10200SB2364ham001- 26 -LRB102 17146 RLC 39040 a

1        necessities.
2        (A-1) At a minimum, any person ordered to pretrial
3    home confinement with or without electronic monitoring
4    must be provided with movement spread out over no fewer
5    than 2 periods of time two days per week, to participate in
6    basic activities such as those listed in paragraph (A).
7    The periods of time shall be determined by the supervising
8    authority. During any period of authorized movement, the
9    supervising authority may monitor the participant's
10    location.
11        If a person on pretrial home confinement is charged
12    with a forcible felony, the State may file a verified
13    motion to deny the participant movement under this
14    paragraph. Following a hearing, the court shall grant the
15    motion only if the court finds by clear and convincing
16    evidence that, based on the totality of the circumstances,
17    movement should be denied. In evaluating the totality of
18    the circumstances, the court shall consider if the
19    movement restriction is necessary to prevent a specific,
20    real, and present threat to the safety of another person
21    or persons and whether the participant would be able to
22    meet the participant's basic needs without movement under
23    this paragraph.
24        (B) The participant shall admit any person or agent
25    designated by the supervising authority into his or her
26    residence at any time for purposes of verifying the

 

 

10200SB2364ham001- 27 -LRB102 17146 RLC 39040 a

1    participant's compliance with the conditions of his or her
2    detention.
3        (C) The participant shall make the necessary
4    arrangements to allow for any person or agent designated
5    by the supervising authority to visit the participant's
6    place of education or employment at any time, based upon
7    the approval of the educational institution employer or
8    both, for the purpose of verifying the participant's
9    compliance with the conditions of his or her detention.
10        (D) The participant shall acknowledge and participate
11    with the approved electronic monitoring device as
12    designated by the supervising authority at any time for
13    the purpose of verifying the participant's compliance with
14    the conditions of his or her detention.
15        (E) The participant shall maintain the following:
16            (1) access to a working telephone;
17            (2) a monitoring device in the participant's home,
18        or on the participant's person, or both; and
19            (3) a monitoring device in the participant's home
20        and on the participant's person in the absence of a
21        telephone.
22        (F) The participant shall obtain approval from the
23    supervising authority before the participant changes
24    residence or the schedule described in subsection (A) of
25    this Section. Such approval shall not be unreasonably
26    withheld.

 

 

10200SB2364ham001- 28 -LRB102 17146 RLC 39040 a

1        (G) The participant shall not commit another crime
2    during the period of home detention ordered by the Court.
3        (H) Notice to the participant that violation of the
4    order for home detention may subject the participant to
5    prosecution for the crime of escape as described in
6    Section 5-8A-4.1.
7        (I) The participant shall abide by other conditions as
8    set by the supervising authority.
9        (J) This Section takes effect January 1, 2022.
10(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
11102-687, eff. 12-17-21.)
 
12    Section 95. No acceleration or delay. Where this Act makes
13changes in a statute that is represented in this Act by text
14that is not yet or no longer in effect (for example, a Section
15represented by multiple versions), the use of that text does
16not accelerate or delay the taking effect of (i) the changes
17made by this Act or (ii) provisions derived from any other
18Public Act.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".