HB3887 100TH GENERAL ASSEMBLY

LRB100 10859 RLC 21094 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3887

Introduced , by Rep. Carol Ammons

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-8A-1.1 new
730 ILCS 5/5-8A-2	from Ch. 38, par. 1005-8A-2
730 ILCS 5/5-8A-4.2 new
730 ILCS 5/5-8A-5	from Ch. 38, par. 1005-8A-5

Amends the Unified Code of Corrections. Provides that the purpose of a person being placed in an electronic home detention program instead of being sentenced to a term of imprisonment is to facilitate rehabilitation and a person's continued participation in employment, education programs, family, community, and religious activities. Provides that only the court may place a person in an electronic home detention program. Provides that a person placed in an electronic home detention program shall: (1) be allowed 8 hours a day of movement outside the home, unless there is a reduction of movement due to a disciplinary infraction validated at a parole, probation, conditional discharge, or court hearing; (2) not receive lifetime imposition of electronic home detention; (3) receive an annual review of his or her electronic home detention status by the supervising authority; (4) if as a condition of a pre-trial release program receive full or partial credit for time served for the days spent on electronic home detention; and (5) not be charged a fee during pretrial release, mandatory supervised release, or as a sentence in lieu of incarceration. Provides that a person placed on electronic home detention may appeal to the circuit court if he or she is denied to leave the premises of his or her residence for specific reasons.

A BILL FOR

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 Sections 5-8A-2 and 5-8A-5 and by adding Sections 5-8A-1.1 and 5-8A-4.2 as follows:

(730 ILCS 5/5-8A-1.1 new)

Sec. 5-8A-1.1. Purpose. The purpose of a person being placed in an electronic home detention program instead of being sentenced to a term of imprisonment is to facilitate rehabilitation and a person's continued participation in employment, education programs, family, community, and religious activities.

(730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)

Sec. 5-8A-2. Definitions. As used in this Article:

(A) "Approved electronic monitoring device" means a device approved by the supervising authority which is primarily intended to record or transmit information as to the defendant's presence or nonpresence in the home, consumption of alcohol, consumption of drugs, location as determined through GPS, cellular triangulation, Wi-Fi, or other electronic means.

An approved electronic monitoring device may record or transmit: oral or wire communications or an auditory sound; visual images; or information regarding the offender's activities while inside the offender's home. These devices are subject to the required consent as set forth in Section 5-8A-5 of this Article.

An approved electronic monitoring device may be used to record a conversation between the participant and the monitoring device, or the participant and the person supervising the participant solely for the purpose of identification and not for the purpose of eavesdropping or conducting any other illegally intrusive monitoring.

(A-10) "Department" means the Department of Corrections or the Department of Juvenile Justice.

(A-20) "Electronic monitoring" means the monitoring of an inmate, person, or offender with an electronic device both within and outside of their home under the terms and conditions established by the supervising authority.

(B) "Excluded offenses" means first degree murder, escape, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, bringing or possessing a firearm, ammunition or explosive in a penal institution, any "Super-X" drug offense or calculated criminal drug conspiracy or streetgang criminal drug conspiracy, or any predecessor or successor offenses with the same or substantially the same elements, or any inchoate offenses relating to the foregoing offenses.

(B-10) "GPS" means a device or system which utilizes the Global Positioning Satellite system for determining the location of a person, inmate or offender.

(C) "Home detention" means the confinement of a person convicted or charged with an offense to his or her place of residence under the terms and conditions established by the supervising authority.

(D) "Participant" means an inmate or offender placed into an electronic monitoring program.

(E) "Supervising authority" means the Department of Corrections, the Department of Juvenile Justice, probation department, sheriff, superintendent of municipal house of corrections or any other officer or agency charged with authorizing and supervising electronic monitoring and home detention.

(F) "Super-X drug offense" means a violation of Section 401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D); Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B), (C), or (D) of the Illinois Controlled Substances Act.

(G) "Wi-Fi" or "WiFi" means a device or system which utilizes a wireless local area network for determining the location of a person, inmate or offender.

(Source: P.A. 99-797, eff. 8-12-16.)

(730 ILCS 5/5-8A-4.2 new)

Sec. 5-8A-4.2. Limits on electronic monitoring.

(a) A person placed in an electronic home detention program shall:

(1) be allowed 8 hours per day of movement outside the home, unless there is a reduction of movement due to a disciplinary infraction validated at a parole, mandatory supervised release, probation, or court hearing;

(2) not receive lifetime imposition of electronic home detention;

(3) receive an annual review of his or her electronic home detention status by the supervising authority;

(4) if as a condition of a pre-trial release program receive full or partial credit for time served for the days spent on electronic home detention; and

(5) not be charged a fee during pretrial release, mandatory supervised release, or as a sentence in lieu of incarceration.

(b) A person placed on electronic home detention may appeal to the circuit court if he or she is denied the ability to leave the premises of his or her residence for one of the following reasons:

(1) to seek and maintain employment (including working overtime, irregular shifts and in mobile workplaces);

(2) to participate in educational or training programs;

(3) to participate in family, religious, and community activities;

(4) to seek and receive medical or substance abuse treatment;

(5) to carry out necessary life activities, including shopping, paying bills, banking, and laundry.

(c) The court may not impose as a condition of electronic home detention that the person have a landline telephone.

(d) A person placed in an electronic home detention program shall have the right, in the absence of extraordinary circumstances as determined by the court to:

(1) seek and maintain employment (including working overtime, irregular shifts and in mobile workplaces);

(2) participate in educational or training programs;

(3) participate in family, religious, and community activities;

(4) seek and receive medical or substance abuse treatment; and

(5) carry out necessary survival activities, including shopping, paying bills, banking, and laundry.

(730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)

Sec. 5-8A-5. Consent of the participant. Before entering an order for commitment for electronic monitoring, the court supervising authority shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by doing the following:

(A) Securing the written consent of the participant in the program to comply with the rules and regulations of the program as stipulated in subsections (A) through (I) of Section 5-8A-4.

(B) Where possible, securing the written consent of other persons residing in the home of the participant, including the person in whose name the telephone is registered, at the time of the order or commitment for electronic home detention is entered and acknowledge the nature and extent of approved electronic monitoring devices.

(C) Insure that the approved electronic devices be minimally intrusive upon the privacy of the participant and other persons residing in the home while remaining in compliance with subsections (B) through (D) of Section 5-8A-4.

(D) (Blank). This Section does not apply to persons subject to Electronic Monitoring or home detention as a term or condition of parole, aftercare release, or mandatory supervised release under subsection (d) of Section 5-8-1 of this Code.

(Source: P.A. 98-558, eff. 1-1-14; 99-797, eff. 8-12-16; revised 10-27-16.)