Public Act 0161 98TH GENERAL ASSEMBLY

SB1854 Enrolled LRB098 08601 RLC 38719 b

Public Act 098-0161

AN ACT concerning criminal law.

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

Section 5. The Unified Code of Corrections is amended by changing Section 5-1-10 and adding Section 5-8A-8 as follows:

(730 ILCS 5/5-1-10) (from Ch. 38, par. 1005-1-10)

Sec. 5-1-10. Imprisonment.

"Imprisonment" means incarceration in a correctional institution under a sentence of imprisonment and does not include "periodic imprisonment" under Article 7. "Imprisonment" also includes electronic home detention served by an offender after (i) the offender has been committed to the custody of the sheriff to serve the sentence and (ii) the sheriff has placed the offender in an electronic home detention program in accordance with Article 8A of Chapter V of this Code.

(Source: P.A. 77-2097.)

(730 ILCS 5/5-8A-8 new)

Sec. 5-8A-8. Service of a minimum term of imprisonment. When an offender is sentenced under a provision of law that requires the sentence to include a minimum term of imprisonment and the offender is committed to the custody of the sheriff to serve the sentence, the sheriff may place the offender in an electronic home detention program for service of that minimum term of imprisonment unless (i) the offender was convicted of an excluded offense or (ii) the court's sentencing order specifies that the minimum term of imprisonment shall be served in a county correctional facility.