2005 Illinois 730 ILCS 5/ Unified Code of Corrections. Article 8a - Electronic Home Detention
(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, 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. 88‑311; 89‑428, eff. 12‑13‑95; 89‑462, eff. 5‑29‑96; 89‑498,
eff. 6‑27‑96.)
(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,
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,
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. 89‑647, eff. 1‑1‑97.)
(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.)
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