Bill Text: IL HB3887 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3887 Detail]

Download: Illinois-2017-HB3887-Introduced.html

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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.
LRB100 10859 RLC 21094 b
A BILL FOR
HB3887 LRB100 10859 RLC 21094 b
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

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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

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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.)

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(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;

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(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

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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.)