Illinois General Assembly - Full Text of HB3060
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Full Text of HB3060  101st General Assembly

HB3060 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3060

 

Introduced , by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-4.5-100

    Amends the Unified Code of Corrections. Eliminates provision providing that an offender sentenced to a term of imprisonment for offenses where a period of probation, a term of periodic imprisonment, or conditional discharge may not be imposed under the Code shall not receive credit for time spent in home detention prior to judgment. Modifies definition of "custody" to include electronic home monitoring.


LRB101 11154 SLF 56386 b

 

 

A BILL FOR

 

HB3060LRB101 11154 SLF 56386 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-4.5-100 as follows:
 
6    (730 ILCS 5/5-4.5-100)
7    Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT.
8    (a) COMMENCEMENT. A sentence of imprisonment shall
9commence on the date on which the offender is received by the
10Department or the institution at which the sentence is to be
11served.
12    (b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set
13forth in subsection (e), the offender shall be given credit on
14the determinate sentence or maximum term and the minimum period
15of imprisonment for the number of days spent in custody as a
16result of the offense for which the sentence was imposed. The
17Department shall calculate the credit at the rate specified in
18Section 3-6-3 (730 ILCS 5/3-6-3). The Except when prohibited by
19subsection (d), the trial court shall give credit to the
20defendant for time spent in home detention on the same
21sentencing terms as incarceration as provided in Section 5-8A-3
22(730 ILCS 5/5-8A-3). The trial court may give credit to the
23defendant for the number of days spent confined for psychiatric

 

 

HB3060- 2 -LRB101 11154 SLF 56386 b

1or substance abuse treatment prior to judgment, if the court
2finds that the detention or confinement was custodial.
3    (c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender
4arrested on one charge and prosecuted on another charge for
5conduct that occurred prior to his or her arrest shall be given
6credit on the determinate sentence or maximum term and the
7minimum term of imprisonment for time spent in custody under
8the former charge not credited against another sentence.
9    (c-5) CREDIT; PROGRAMMING. The trial court shall give the
10defendant credit for successfully completing county
11programming while in custody prior to imposition of sentence at
12the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For the
13purposes of this subsection, "custody" includes time spent in
14home detention or electronic home monitoring under Section
155-8A-3.
16    (d) (Blank). NO CREDIT; SOME HOME DETENTION. An offender
17sentenced to a term of imprisonment for an offense listed in
18paragraph (2) of subsection (c) of Section 5-5-3 (730 ILCS
195/5-5-3) or in paragraph (3) of subsection (c-1) of Section
2011-501 of the Illinois Vehicle Code (625 ILCS 5/11-501) shall
21not receive credit for time spent in home detention prior to
22judgment.
23    (e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED
24RELEASE, OR PROBATION. An offender charged with the commission
25of an offense committed while on parole, mandatory supervised
26release, or probation shall not be given credit for time spent

 

 

HB3060- 3 -LRB101 11154 SLF 56386 b

1in custody under subsection (b) for that offense for any time
2spent in custody as a result of a revocation of parole,
3mandatory supervised release, or probation where such
4revocation is based on a sentence imposed for a previous
5conviction, regardless of the facts upon which the revocation
6of parole, mandatory supervised release, or probation is based,
7unless both the State and the defendant agree that the time
8served for a violation of mandatory supervised release, parole,
9or probation shall be credited towards the sentence for the
10current offense.
11(Source: P.A. 96-1000, eff. 7-2-10; 97-697, eff. 6-22-12.)