Full Text of HB5794 103rd General Assembly
HB5794 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5794 Introduced 4/2/2024, by Rep. Tom Weber SYNOPSIS AS INTRODUCED: | | 730 ILCS 5/5-8A-4 | from Ch. 38, par. 1005-8A-4 |
| Amends the Unified Code of Corrections. Deletes provision that at a minimum, any person ordered to pretrial home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than 2 days per week, to participate in basic activities. |
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| | A BILL FOR |
| | | | HB5794 | | LRB103 40017 RLC 71369 b |
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| 1 | | AN ACT concerning criminal law. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing 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 | 8 | | authority may promulgate rules that prescribe reasonable | 9 | | guidelines under which an electronic monitoring and home | 10 | | detention program shall operate. When using electronic | 11 | | monitoring for home detention these rules may include, but not | 12 | | be 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 |
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| 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 |
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| 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 |
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| 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; | 10 | | 102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.) |
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