Illinois 2023-2024 Regular Session

Illinois House Bill HB4103 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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 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-4 730 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 LRB103 32616 RLC 62243 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4103 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED:
3	3	730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4 730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4
4	4	730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4
5	5	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.
6	6	LRB103 32616 RLC 62243 b LRB103 32616 RLC 62243 b
7	7	LRB103 32616 RLC 62243 b
8	8	A BILL FOR
9	9	HB4103LRB103 32616 RLC 62243 b HB4103 LRB103 32616 RLC 62243 b
10	10	HB4103 LRB103 32616 RLC 62243 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Unified Code of Corrections is amended by
15	15	5 changing Section 5-8A-4 as follows:
16	16	6 (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
17	17	7 Sec. 5-8A-4. Program description. The supervising
18	18	8 authority may promulgate rules that prescribe reasonable
19	19	9 guidelines under which an electronic monitoring and home
20	20	10 detention program shall operate. When using electronic
21	21	11 monitoring for home detention these rules may include, but not
22	22	12 be limited to, the following:
23	23	13 (A) The participant may be instructed to remain within
24	24	14 the interior premises or within the property boundaries of
25	25	15 his or her residence at all times during the hours
26	26	16 designated by the supervising authority. Such instances of
27	27	17 approved absences from the home shall include, but are not
28	28	18 limited to, the following:
29	29	19 (1) working or employment approved by the court or
30	30	20 traveling to or from approved employment;
31	31	21 (2) unemployed and seeking employment approved for
32	32	22 the participant by the court;
33	33	23 (3) undergoing medical, psychiatric, mental health
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4103 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED:
38	38	730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4 730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4
39	39	730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4
40	40	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.
41	41	LRB103 32616 RLC 62243 b LRB103 32616 RLC 62243 b
42	42	LRB103 32616 RLC 62243 b
43	43	A BILL FOR
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49	49	730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4
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53	53	LRB103 32616 RLC 62243 b
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68	68	1 treatment, counseling, or other treatment programs
69	69	2 approved for the participant by the court;
70	70	3 (4) attending an educational institution or a
71	71	4 program approved for the participant by the court;
72	72	5 (5) attending a regularly scheduled religious
73	73	6 service at a place of worship;
74	74	7 (6) participating in community work release or
75	75	8 community service programs approved for the
76	76	9 participant by the supervising authority;
77	77	10 (7) for another compelling reason consistent with
78	78	11 the public interest, as approved by the supervising
79	79	12 authority; or
80	80	13 (8) purchasing groceries, food, or other basic
81	81	14 necessities.
82	82	15 (A-1) (Blank). At a minimum, any person ordered to
83	83	16 pretrial home confinement with or without electronic
84	84	17 monitoring must be provided with movement spread out over
85	85	18 no fewer than two days per week, to participate in basic
86	86	19 activities such as those listed in paragraph (A). In this
87	87	20 subdivision (A-1), "days" means a reasonable time period
88	88	21 during a calendar day, as outlined by the court in the
89	89	22 order placing the person on home confinement.
90	90	23 (B) The participant shall admit any person or agent
91	91	24 designated by the supervising authority into his or her
92	92	25 residence at any time for purposes of verifying the
93	93	26 participant's compliance with the conditions of his or her
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99	99	HB4103 - 2 - LRB103 32616 RLC 62243 b
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102	102	HB4103- 3 -LRB103 32616 RLC 62243 b HB4103 - 3 - LRB103 32616 RLC 62243 b
103	103	HB4103 - 3 - LRB103 32616 RLC 62243 b
104	104	1 detention.
105	105	2 (C) The participant shall make the necessary
106	106	3 arrangements to allow for any person or agent designated
107	107	4 by the supervising authority to visit the participant's
108	108	5 place of education or employment at any time, based upon
109	109	6 the approval of the educational institution employer or
110	110	7 both, for the purpose of verifying the participant's
111	111	8 compliance with the conditions of his or her detention.
112	112	9 (D) The participant shall acknowledge and participate
113	113	10 with the approved electronic monitoring device as
114	114	11 designated by the supervising authority at any time for
115	115	12 the purpose of verifying the participant's compliance with
116	116	13 the conditions of his or her detention.
117	117	14 (E) The participant shall maintain the following:
118	118	15 (1) access to a working telephone;
119	119	16 (2) a monitoring device in the participant's home,
120	120	17 or on the participant's person, or both; and
121	121	18 (3) a monitoring device in the participant's home
122	122	19 and on the participant's person in the absence of a
123	123	20 telephone.
124	124	21 (F) The participant shall obtain approval from the
125	125	22 supervising authority before the participant changes
126	126	23 residence or the schedule described in subsection (A) of
127	127	24 this Section. Such approval shall not be unreasonably
128	128	25 withheld.
129	129	26 (G) The participant shall not commit another crime
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135	135	HB4103 - 3 - LRB103 32616 RLC 62243 b
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138	138	HB4103- 4 -LRB103 32616 RLC 62243 b HB4103 - 4 - LRB103 32616 RLC 62243 b
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140	140	1 during the period of home detention ordered by the Court.
141	141	2 (H) Notice to the participant that violation of the
142	142	3 order for home detention may subject the participant to
143	143	4 prosecution for the crime of escape as described in
144	144	5 Section 5-8A-4.1.
145	145	6 (I) The participant shall abide by other conditions as
146	146	7 set by the supervising authority.
147	147	8 (J) This Section takes effect January 1, 2022.
148	148	9 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
149	149	10 102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)
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155	155	HB4103 - 4 - LRB103 32616 RLC 62243 b