HB4103 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4103

 

Introduced , by Rep. Michael J. Kelly

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-8A-4  from Ch. 38, par. 1005-8A-4

    Amends the Unified Code of Corrections. Deletes a provision which provides that a person ordered to pretrial home confinement must, at a minimum, be provided with specified opportunities for movement on no fewer than 2 days each week.


LRB103 32616 RLC 62243 b

 

 

A BILL FOR

 

HB4103LRB103 32616 RLC 62243 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-8A-4 as follows:
 
6    (730 ILCS 5/5-8A-4)  (from Ch. 38, par. 1005-8A-4)
7    Sec. 5-8A-4. Program description. The supervising
8authority may promulgate rules that prescribe reasonable
9guidelines under which an electronic monitoring and home
10detention program shall operate. When using electronic
11monitoring for home detention these rules may include, but not
12be limited to, the following:
13        (A) The participant may be instructed to remain within
14    the interior premises or within the property boundaries of
15    his or her residence at all times during the hours
16    designated by the supervising authority. Such instances of
17    approved absences from the home shall include, but are not
18    limited to, the following:
19            (1) working or employment approved by the court or
20        traveling to or from approved employment;
21            (2) unemployed and seeking employment approved for
22        the participant by the court;
23            (3) undergoing medical, psychiatric, mental health

 

 

HB4103- 2 -LRB103 32616 RLC 62243 b

1        treatment, counseling, or other treatment programs
2        approved for the participant by the court;
3            (4) attending an educational institution or a
4        program approved for the participant by the court;
5            (5) attending a regularly scheduled religious
6        service at a place of worship;
7            (6) participating in community work release or
8        community service programs approved for the
9        participant by the supervising authority;
10            (7) for another compelling reason consistent with
11        the public interest, as approved by the supervising
12        authority; or
13            (8) purchasing groceries, food, or other basic
14        necessities.
15        (A-1) (Blank). At a minimum, any person ordered to
16    pretrial home confinement with or without electronic
17    monitoring must be provided with movement spread out over
18    no fewer than two days per week, to participate in basic
19    activities such as those listed in paragraph (A). In this
20    subdivision (A-1), "days" means a reasonable time period
21    during a calendar day, as outlined by the court in the
22    order placing the person on home confinement.
23        (B) The participant shall admit any person or agent
24    designated by the supervising authority into his or her
25    residence at any time for purposes of verifying the
26    participant's compliance with the conditions of his or her

 

 

HB4103- 3 -LRB103 32616 RLC 62243 b

1    detention.
2        (C) The participant shall make the necessary
3    arrangements to allow for any person or agent designated
4    by the supervising authority to visit the participant's
5    place of education or employment at any time, based upon
6    the approval of the educational institution employer or
7    both, for the purpose of verifying the participant's
8    compliance with the conditions of his or her detention.
9        (D) The participant shall acknowledge and participate
10    with the approved electronic monitoring device as
11    designated by the supervising authority at any time for
12    the purpose of verifying the participant's compliance with
13    the conditions of his or her detention.
14        (E) The participant shall maintain the following:
15            (1) access to a working telephone;
16            (2) a monitoring device in the participant's home,
17        or on the participant's person, or both; and
18            (3) a monitoring device in the participant's home
19        and on the participant's person in the absence of a
20        telephone.
21        (F) The participant shall obtain approval from the
22    supervising authority before the participant changes
23    residence or the schedule described in subsection (A) of
24    this Section. Such approval shall not be unreasonably
25    withheld.
26        (G) The participant shall not commit another crime

 

 

HB4103- 4 -LRB103 32616 RLC 62243 b

1    during the period of home detention ordered by the Court.
2        (H) Notice to the participant that violation of the
3    order for home detention may subject the participant to
4    prosecution for the crime of escape as described in
5    Section 5-8A-4.1.
6        (I) The participant shall abide by other conditions as
7    set by the supervising authority.
8        (J) This Section takes effect January 1, 2022.
9(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
10102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)