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Author Topic: Illinois Statue - Electronic Home Detention  (Read 13739 times)

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Offline Forevermah

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Illinois Statue - Electronic Home Detention
« on: February 12, 2013, 06:07:51 AM »
CORRECTIONS
(730 ILCS 5/) Unified Code of Corrections.


 
    (730 ILCS 5/Ch. V Art. 8A heading)
ARTICLE 8A. ELECTRONIC HOME DETENTION



    (730 ILCS 5/5-8A-1) (from Ch. 38, par. 1005-8A-1)
    Sec. 5-8A-1. Title. This Article shall be known and may be cited as the Electronic Home Detention Law.
(Source: P.A. 86-1281.)

    (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.

    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.

    (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.

    (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, probation supervisory authority, sheriff, superintendent of municipal house of corrections or any other officer or agency charged with authorizing and supervising 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.

(Source: P.A. 96-1551, eff. 7-1-11.)

    (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)

    Sec. 5-8A-3. Application.

    (a) Except as provided in subsection (d), a person charged with or convicted of an excluded offense may not be placed in an electronic home detention program, except for bond pending trial or appeal or while on parole or mandatory supervised release.

    (b) A person serving a sentence for a conviction of a Class 1 felony, other than an excluded offense, may be placed in an electronic home detention program for a period not to exceed the last 90 days of incarceration.

    (c) A person serving a sentence for a conviction of a Class X felony, other than an excluded offense, may be placed in an electronic home detention program for a period not to exceed the last 90 days of incarceration, provided that the person was sentenced on or after the effective date of this amendatory Act of 1993 and provided that the court has not prohibited the program for the person in the sentencing order.

    (d) A person serving a sentence for conviction of an offense other than for predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse, or felony criminal sexual abuse, may be placed in an electronic home detention program for a period not to exceed the last 12 months of incarceration, provided that (i) the person is 55 years of age or older; (ii) the person is serving a determinate sentence; (iii) the person has served at least 25% of the sentenced prison term; and (iv) placement in an electronic home detention program is approved by the Prisoner Review Board.

    (e) A person serving a sentence for conviction of a Class 2, 3 or 4 felony offense which is not an excluded offense may be placed in an electronic home detention program pursuant to Department administrative directives.

    (f) Applications for electronic home detention may include the following:

        (1) pretrial or pre-adjudicatory detention;

        (2) probation;

        (3) conditional discharge;

        (4) periodic imprisonment;

        (5) parole or mandatory supervised release;

        (6) work release;

        (7) furlough or

        (8) post-trial incarceration.

    (g) A person convicted of an offense described in clause (4) or (5) of subsection (d) of Section 5-8-1 of this Code shall be placed in an electronic home detention program for at least the first 2 years of the person's mandatory supervised release term.
(Source: P.A. 91-279, eff. 1-1-00.)


    (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)

    Sec. 5-8A-4. Program description. The supervising authority may promulgate rules that prescribe reasonable guidelines under which an electronic home detention program shall operate. These rules shall include but not be limited to the following:

    (A) The participant shall remain within the interior premises or within the property boundaries of his or her residence at all times during the hours designated by the supervising authority. Such instances of approved absences from the home may include but are not limited to the following:

        (1) working or employment approved by the court or
       
traveling to or from approved employment;

        (2) unemployed and seeking employment approved for
       
the participant by the court;

        (3) undergoing medical, psychiatric, mental health
       
treatment, counseling, or other treatment programs approved for the participant by the court;

        (4) attending an educational institution or a program
       
approved for the participant by the court;

        (5) attending a regularly scheduled religious service
       
at a place of worship;

        (6) participating in community work release or
       
community service programs approved for the participant by the supervising authority; or

        (7) for another compelling reason consistent with the
       
public interest, as approved by the supervising authority.

    (B) The participant shall admit any person or agent designated by the supervising authority into his or her residence at any time for purposes of verifying the participant's compliance with the conditions of his or her detention.

    (C) The participant shall make the necessary arrangements to allow for any person or agent designated by the supervising authority to visit the participant's place of education or employment at any time, based upon the approval of the educational institution employer or both, for the purpose of verifying the participant's compliance with the conditions of his or her detention.

    (D) The participant shall acknowledge and participate with the approved electronic monitoring device as designated by the supervising authority at any time for the purpose of verifying the participant's compliance with the conditions of his or her detention.

    (E) The participant shall maintain the following:

        (1) a working telephone in the participant's home;

        (2) a monitoring device in the participant's home, or
       
on the participant's person, or both; and

        (3) a monitoring device in the participant's home and
       
on the participant's person in the absence of a telephone.

    (F) The participant shall obtain approval from the supervising authority before the participant changes residence or the schedule described in subsection (A) of this Section.

    (G) The participant shall not commit another crime during the period of home detention ordered by the Court.

    (H) Notice to the participant that violation of the order for home detention may subject the participant to prosecution for the crime of escape as described in Section 5-8A-4.1.

    (I) The participant shall abide by other conditions as set by the supervising authority.
(Source: P.A. 91-357, eff. 7-29-99.)


    (730 ILCS 5/5-8A-4.1)

    Sec. 5-8A-4.1. Escape; failure to comply with a condition of the electronic home monitoring detention program.

    (a) A person charged with or convicted of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, conditionally released from the supervising authority through an electronic home monitoring detention program, who knowingly violates a condition of the electronic home monitoring detention program is guilty of a Class 3 felony.

    (b) A person charged with or convicted of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, conditionally released from the supervising authority through an electronic home monitoring detention program, who knowingly violates a condition of the electronic home monitoring detention program is guilty of a Class B misdemeanor.

    (c) A person who violates this Section while armed with a dangerous weapon is guilty of a Class 1 felony.
(Source: P.A. 95-921, eff. 1-1-09.)

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

(Source: P.A. 90-399, eff. 1-1-98; 91-279, eff. 1-1-00.)

    (730 ILCS 5/5-8A-5.1)

    Sec. 5-8A-5.1. Public notice of release on electronic home monitoring detention. The Department must make identification information and a recent photo of an inmate being placed on electronic home monitoring detention under the provisions of this Article accessible on the Internet by means of a hyperlink labeled "Community Notification of Inmate Early Release" on the Department's World Wide Web homepage. The identification information shall include the inmate's: name, any known alias, date of birth, physical characteristics, residence address, commitment offense and county where conviction was imposed. The identification information shall be placed on the website within 3 days of the inmate's release on electronic home monitoring detention, and the information may not be removed until either: completion of the first year of mandatory supervised release or return of the inmate to custody of the Department.
(Source: P.A. 96-1110, eff. 7-19-10.)


    (730 ILCS 5/5-8A-6)

    Sec. 5-8A-6. Electronic monitoring of certain sex offenders. For a sexual predator subject to electronic home monitoring under paragraph (7.7) of subsection (a) of Section 3-3-7, the Department of Corrections must use a system that actively monitors and identifies the offender's current location and timely reports or records the offender's presence and that alerts the Department of the offender's presence within a prohibited area described in Section 11-9.3 of the Criminal Code of 2012, in a court order, or as a condition of the offender's parole, mandatory supervised release, or extended mandatory supervised release and the offender's departure from specified geographic limitations. To the extent that he or she is able to do so, which the Department of Corrections by rule shall determine, the offender must pay for the cost of the electronic home monitoring.

(Source: P.A. 97-1150, eff. 1-25-13.)

    (730 ILCS 5/5-8A-7)

    Sec. 5-8A-7. Domestic violence surveillance program. If the Prisoner Review Board, Department of Corrections, or court (the supervising authority) orders electronic surveillance as a condition of parole, mandatory supervised release, early release, probation, or conditional discharge for a violation of an order of protection or as a condition of bail for a person charged with a violation of an order of protection, the supervising authority shall use the best available global positioning technology to track domestic violence offenders. Best available technology must have real-time and interactive capabilities that facilitate the following objectives: (1) immediate notification to the supervising authority of a breach of a court ordered exclusion zone; (2) notification of the breach to the offender; and (3) communication between the supervising authority, law enforcement, and the victim, regarding the breach.
(Source: P.A. 95-773, eff. 1-1-09; 96-688, eff. 8-25-09.)
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