Rep. Elgie R. Sims, Jr.
Filed: 5/15/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 1399




2 AMENDMENT NO. ______. Amend Senate Bill 1399 on page 1, by 
3inserting after line 3 the following:

4 "Section 3. The Juvenile Court Act of 1987 is amended by 
5changing the heading of Part 7A of Article V and by changing 
6Sections 5-710, 5-7A-101, 5-7A-110, 5-7A-115, 5-7A-120, and 
75-7A-125 as follows:



8 (705 ILCS 405/5-710)

9 Sec. 5-710. Kinds of sentencing orders. 

10 (1) The following kinds of sentencing orders may be made in 
11respect of
wards of the court:

12  (a) Except as provided in Sections 5-805, 5-810, and 
13 5-815, a minor who is
found
guilty under Section 5-620 may 
14 be:

15   (i) put on probation or conditional discharge and 
16 released to his or her
parents, guardian or legal 
 
 
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1 custodian, provided, however, that any such minor
who 
2 is not committed to the Department of Juvenile Justice 
3 under
this subsection and who is found to be a 
4 delinquent for an offense which is
first degree murder, 
5 a Class X felony, or a forcible felony shall be placed 
6 on
probation;

7   (ii) placed in accordance with Section 5-740, with 
8 or without also being
put on probation or conditional 
9 discharge;

10   (iii) required to undergo a substance abuse 
11 assessment conducted by a
licensed provider and 
12 participate in the indicated clinical level of care;

13   (iv) on and after the effective date of this 
14 amendatory Act of the 98th General Assembly and before 
15 January 1, 2017, placed in the guardianship of the 
16 Department of Children and Family
Services, but only if 
17 the delinquent minor is under 16 years of age or, 
18 pursuant to Article II of this Act, a minor for whom an 
19 independent basis of abuse, neglect, or dependency 
20 exists. On and after January 1, 2017, placed in the 
21 guardianship of the Department of Children and Family

22 Services, but only if the delinquent minor is under 15 
23 years of age or, pursuant to Article II of this Act, a 
24 minor for whom an independent basis of abuse, neglect, 
25 or dependency exists. An independent basis exists when 
26 the allegations or adjudication of abuse, neglect, or 
 
 
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1 dependency do not arise from the same facts, incident, 
2 or circumstances which give rise to a charge or 
3 adjudication of delinquency;

4   (v) placed in detention for a period not to exceed 
5 30 days, either as
the
exclusive order of disposition 
6 or, where appropriate, in conjunction with any
other 
7 order of disposition issued under this paragraph, 
8 provided that any such
detention shall be in a juvenile 
9 detention home and the minor so detained shall
be 10 
10 years of age or older. However, the 30-day limitation 
11 may be extended by
further order of the court for a 
12 minor under age 15 committed to the Department
of 
13 Children and Family Services if the court finds that 
14 the minor is a danger
to himself or others. The minor 
15 shall be given credit on the sentencing order
of 
16 detention for time spent in detention under Sections 
17 5-501, 5-601, 5-710, or
5-720 of this
Article as a 
18 result of the offense for which the sentencing order 
19 was imposed.
The court may grant credit on a sentencing 
20 order of detention entered under a
violation of 
21 probation or violation of conditional discharge under 
22 Section
5-720 of this Article for time spent in 
23 detention before the filing of the
petition
alleging 
24 the violation. A minor shall not be deprived of credit 
25 for time spent
in detention before the filing of a 
26 violation of probation or conditional
discharge 
 
 
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1 alleging the same or related act or acts. The 
2 limitation that the minor shall only be placed in a 
3 juvenile detention home does not apply as follows:
4   Persons 18 years of age and older who have a 
5 petition of delinquency filed against them may be 
6 confined in an adult detention facility. In making a 
7 determination whether to confine a person 18 years of 
8 age or older who has a petition of delinquency filed 
9 against the person, these factors, among other 
10 matters, shall be considered:
11    (A) the age of the person;
12    (B) any previous delinquent or criminal 
13 history of the person;
14    (C) any previous abuse or neglect history of 
15 the person;
16    (D) any mental health history of the person; 
17 and
18    (E) any educational history of the person;

19   (vi) ordered partially or completely emancipated 
20 in accordance with the
provisions of the Emancipation 
21 of Minors Act;

22   (vii) subject to having his or her driver's license 
23 or driving
privileges
suspended for such time as 
24 determined by the court but only until he or she

25 attains 18 years of age;

26   (viii) put on probation or conditional discharge 
 
 
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1 and placed in detention
under Section 3-6039 of the 
2 Counties Code for a period not to exceed the period
of 
3 incarceration permitted by law for adults found guilty 
4 of the same offense
or offenses for which the minor was 
5 adjudicated delinquent, and in any event no
longer than 
6 upon attainment of age 21; this subdivision (viii) 
7 notwithstanding
any contrary provision of the law; 

8   (ix) ordered to undergo a medical or other 
9 procedure to have a tattoo
symbolizing allegiance to a 
10 street gang removed from his or her body; or
11   (x) placed in electronic monitoring or home 
12 detention under Part 7A of this Article.

13  (b) A minor found to be guilty may be committed to the 
14 Department of
Juvenile Justice under Section 5-750 if the 
15 minor is at least 13 years and under 20 years of age,

16 provided that the commitment to the Department of Juvenile 
17 Justice shall be made only if the minor was found guilty of 
18 a felony offense or first degree murder. The court shall 
19 include in the sentencing order any pre-custody credits the 
20 minor is entitled to under Section 5-4.5-100 of the Unified 
21 Code of Corrections. The time during which a minor is in 
22 custody before being released
upon the request of a parent, 
23 guardian or legal custodian shall also be considered
as 
24 time spent in custody.

25  (c) When a minor is found to be guilty for an offense 
26 which is a violation
of the Illinois Controlled Substances 
 
 
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1 Act, the Cannabis Control Act, or the Methamphetamine 
2 Control and Community Protection Act and made
a ward of the 
3 court, the court may enter a disposition order requiring 
4 the
minor to undergo assessment,
counseling or treatment in 
5 a substance abuse program approved by the Department
of 
6 Human Services.

7 (2) Any sentencing order other than commitment to the 
8Department of
Juvenile Justice may provide for protective 
9supervision under
Section 5-725 and may include an order of 
10protection under Section 5-730.

11 (3) Unless the sentencing order expressly so provides, it 
12does not operate
to close proceedings on the pending petition, 
13but is subject to modification
until final closing and 
14discharge of the proceedings under Section 5-750.

15 (4) In addition to any other sentence, the court may order 
16any
minor
found to be delinquent to make restitution, in 
17monetary or non-monetary form,
under the terms and conditions 
18of Section 5-5-6 of the Unified Code of
Corrections, except 
19that the "presentencing hearing" referred to in that
Section

20shall be
the sentencing hearing for purposes of this Section. 
21The parent, guardian or
legal custodian of the minor may be 
22ordered by the court to pay some or all of
the restitution on 
23the minor's behalf, pursuant to the Parental Responsibility

24Law. The State's Attorney is authorized to act
on behalf of any 
25victim in seeking restitution in proceedings under this

26Section, up to the maximum amount allowed in Section 5 of the 
 
 
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1Parental
Responsibility Law.

2 (5) Any sentencing order where the minor is committed or 
3placed in
accordance
with Section 5-740 shall provide for the 
4parents or guardian of the estate of
the minor to pay to the 
5legal custodian or guardian of the person of the minor
such 
6sums as are determined by the custodian or guardian of the 
7person of the
minor as necessary for the minor's needs. The 
8payments may not exceed the
maximum amounts provided for by 
9Section 9.1 of the Children and Family Services
Act.

10 (6) Whenever the sentencing order requires the minor to 
11attend school or
participate in a program of training, the 
12truant officer or designated school
official shall regularly 
13report to the court if the minor is a chronic or
habitual 
14truant under Section 26-2a of the School Code. Notwithstanding 
15any other provision of this Act, in instances in which 
16educational services are to be provided to a minor in a 
17residential facility where the minor has been placed by the 
18court, costs incurred in the provision of those educational 
19services must be allocated based on the requirements of the 
20School Code. 

21 (7) In no event shall a guilty minor be committed to the 
22Department of
Juvenile Justice for a period of time in
excess 
23of
that period for which an adult could be committed for the 
24same act. The court shall include in the sentencing order a 
25limitation on the period of confinement not to exceed the 
26maximum period of imprisonment the court could impose under 
 
 
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1Article V of the Unified Code of Corrections. 

2 (7.5) In no event shall a guilty minor be committed to the 
3Department of Juvenile Justice or placed in detention when the 
4act for which the minor was adjudicated delinquent would not be 
5illegal if committed by an adult. 
6 (7.6) In no event shall a guilty minor be committed to the 
7Department of Juvenile Justice for an offense which is a Class 
84 felony under Section 19-4 (criminal trespass to a residence), 
921-1 (criminal damage to property), 21-1.01 (criminal damage to 
10government supported property), 21-1.3 (criminal defacement of 
11property), 26-1 (disorderly conduct), or 31-4 (obstructing 
12justice), of the Criminal Code of 2012. 
13 (7.75) In no event shall a guilty minor be committed to the 
14Department of Juvenile Justice for an offense that is a Class 3 
15or Class 4 felony violation of the Illinois Controlled 
16Substances Act unless the commitment occurs upon a third or 
17subsequent judicial finding of a violation of probation for 
18substantial noncompliance with court-ordered court ordered 
19treatment or programming.
20 (8) A minor found to be guilty for reasons that include a 
21violation of
Section 21-1.3 of the Criminal Code of 1961 or the 
22Criminal Code of 2012 shall be ordered to perform
community 
23service for not less than 30 and not more than 120 hours, if

24community service is available in the jurisdiction. The 
25community service
shall include, but need not be limited to, 
26the cleanup and repair of the damage
that was caused by the 
 
 
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1violation or similar damage to property located in the

2municipality or county in which the violation occurred. The 
3order may be in
addition to any other order authorized by this 
4Section.

5 (8.5) A minor found to be guilty for reasons that include a 
6violation of
Section
3.02 or Section 3.03 of the Humane Care 
7for Animals Act or paragraph (d) of
subsection (1) of
Section 
821-1 of
the Criminal Code
of
1961 or paragraph (4) of 
9subsection (a) of Section 21-1 of the Criminal Code of 2012 
10shall be ordered to undergo medical or psychiatric treatment 
11rendered by
a
psychiatrist or psychological treatment rendered 
12by a clinical psychologist.
The order
may be in addition to any 
13other order authorized by this Section.

14 (9) In addition to any other sentencing order, the court 
15shall order any
minor found
to be guilty for an act which would 
16constitute, predatory criminal sexual
assault of a child, 
17aggravated criminal sexual assault, criminal sexual
assault, 
18aggravated criminal sexual abuse, or criminal sexual abuse if

19committed by an
adult to undergo medical testing to determine 
20whether the defendant has any
sexually transmissible disease 
21including a test for infection with human
immunodeficiency 
22virus (HIV) or any other identified causative agency of

23acquired immunodeficiency syndrome (AIDS). Any medical test 
24shall be performed
only by appropriately licensed medical 
25practitioners and may include an
analysis of any bodily fluids 
26as well as an examination of the minor's person.
Except as 
 
 
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1otherwise provided by law, the results of the test shall be 
2kept
strictly confidential by all medical personnel involved in 
3the testing and must
be personally delivered in a sealed 
4envelope to the judge of the court in which
the sentencing 
5order was entered for the judge's inspection in camera. Acting

6in accordance with the best interests of the victim and the 
7public, the judge
shall have the discretion to determine to 
8whom the results of the testing may
be revealed. The court 
9shall notify the minor of the results of the test for
infection 
10with the human immunodeficiency virus (HIV). The court shall 
11also
notify the victim if requested by the victim, and if the 
12victim is under the
age of 15 and if requested by the victim's 
13parents or legal guardian, the court
shall notify the victim's 
14parents or the legal guardian, of the results of the
test for 
15infection with the human immunodeficiency virus (HIV). The 
16court
shall provide information on the availability of HIV 
17testing and counseling at
the Department of Public Health 
18facilities to all parties to whom the
results of the testing 
19are revealed. The court shall order that the cost of
any test 
20shall be paid by the county and may be taxed as costs against 
21the
minor.

22 (10) When a court finds a minor to be guilty the court 
23shall, before
entering a sentencing order under this Section, 
24make a finding whether the
offense committed either: (a) was 
25related to or in furtherance of the criminal
activities of an 
26organized gang or was motivated by the minor's membership in
or 
 
 
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1allegiance to an organized gang, or (b) involved a violation of

2subsection (a) of Section 12-7.1 of the Criminal Code of 1961 
3or the Criminal Code of 2012, a violation of
any
Section of 
4Article 24 of the Criminal Code of 1961 or the Criminal Code of 
52012, or a violation of any
statute that involved the wrongful 
6use of a firearm. If the court determines
the question in the 
7affirmative,
and the court does not commit the minor to the 
8Department of Juvenile Justice, the court shall order the minor 
9to perform community service
for not less than 30 hours nor 
10more than 120 hours, provided that community
service is 
11available in the jurisdiction and is funded and approved by the

12county board of the county where the offense was committed. The 
13community
service shall include, but need not be limited to, 
14the cleanup and repair of
any damage caused by a violation of 
15Section 21-1.3 of the Criminal Code of 1961 or the Criminal 
16Code of 2012
and similar damage to property located in the 
17municipality or county in which
the violation occurred. When 
18possible and reasonable, the community service
shall be 
19performed in the minor's neighborhood. This order shall be in

20addition to any other order authorized by this Section
except 
21for an order to place the minor in the custody of the 
22Department of
Juvenile Justice. For the purposes of this 
23Section, "organized
gang" has the meaning ascribed to it in 
24Section 10 of the Illinois Streetgang
Terrorism Omnibus 
25Prevention Act.

26 (11) If the court determines that the offense was committed 
 
 
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1in furtherance of the criminal activities of an organized gang, 
2as provided in subsection (10), and that the offense involved 
3the operation or use of a motor vehicle or the use of a 
4driver's license or permit, the court shall notify the 
5Secretary of State of that determination and of the period for 
6which the minor shall be denied driving privileges. If, at the 
7time of the determination, the minor does not hold a driver's 
8license or permit, the court shall provide that the minor shall 
9not be issued a driver's license or permit until his or her 
1018th birthday. If the minor holds a driver's license or permit 
11at the time of the determination, the court shall provide that 
12the minor's driver's license or permit shall be revoked until 
13his or her 21st birthday, or until a later date or occurrence 
14determined by the court. If the minor holds a driver's license 
15at the time of the determination, the court may direct the 
16Secretary of State to issue the minor a judicial driving 
17permit, also known as a JDP. The JDP shall be subject to the 
18same terms as a JDP issued under Section 6-206.1 of the 
19Illinois Vehicle Code, except that the court may direct that 
20the JDP be effective immediately.

21 (12) If a minor is found to be guilty of a violation of

22subsection (a-7) of Section 1 of the Prevention of Tobacco Use 
23by Minors Act, the
court may, in its discretion, and upon

24recommendation by the State's Attorney, order that minor and 
25his or her parents
or legal
guardian to attend a smoker's 
26education or youth diversion program as defined
in that Act if 
 
 
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1that
program is available in the jurisdiction where the 
2offender resides.
Attendance at a smoker's education or youth 
3diversion program
shall be time-credited against any community 
4service time imposed for any
first violation of subsection 
5(a-7) of Section 1 of that Act. In addition to any
other

6penalty
that the court may impose for a violation of subsection 
7(a-7) of Section 1 of
that Act, the
court, upon request by the 
8State's Attorney, may in its discretion
require
the offender to 
9remit a fee for his or her attendance at a smoker's
education 
10or
youth diversion program.

11 For purposes of this Section, "smoker's education program" 
12or "youth
diversion program" includes, but is not limited to, a 
13seminar designed to
educate a person on the physical and 
14psychological effects of smoking tobacco
products and the 
15health consequences of smoking tobacco products that can be

16conducted with a locality's youth diversion program.


17 In addition to any other penalty that the court may impose 
18under this
subsection
(12):


19  (a) If a minor violates subsection (a-7) of Section 1 
20 of the Prevention of
Tobacco Use by Minors Act, the court 
21 may
impose a sentence of 15 hours of
community service or a 
22 fine of $25 for a first violation.

23  (b) A second violation by a minor of subsection (a-7) 
24 of Section 1 of that Act
that occurs
within 12 months after 
25 the first violation is punishable by a fine of $50 and
25

26 hours of community service.

 
 
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1  (c) A third or subsequent violation by a minor of 
2 subsection (a-7) of Section
1 of that Act
that
occurs 
3 within 12 months after the first violation is punishable by 
4 a $100
fine
and 30 hours of community service.

5  (d) Any second or subsequent violation not within the 
6 12-month time period
after the first violation is 
7 punishable as provided for a first violation.

8(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15; 
999-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, eff. 1-1-17; 
10revised 9-2-16.)

11 (705 ILCS 405/Art. V Pt. 7A heading)
12
PART 7A.  JUVENILE ELECTRONIC  MONITORING AND  HOME DETENTION LAW


13(Source: P.A. 96-293, eff. 1-1-10.)

14 (705 ILCS 405/5-7A-101)
15 Sec. 5-7A-101. Short title. This Part may be cited as
the 
16Juvenile Electronic Monitoring and Home Detention Law.

17(Source: P.A. 96-293, eff. 1-1-10.)

18 (705 ILCS 405/5-7A-110)
19 Sec. 5-7A-110. Application.
20 (a) Except as provided in subsection (d), a minor subject 
21to an adjudicatory hearing or adjudicated delinquent for an act 
22that if committed by an adult would be an excluded offense may 
23not be placed in an electronic monitoring or home detention 
 
 
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1program, except upon order of the court upon good cause shown.
2 (b) A minor adjudicated delinquent for an act that if 
3committed by an adult would be a Class 1 felony, other than an 
4excluded offense, may be placed in an electronic monitoring or 
5home detention program.
6 (c) A minor adjudicated delinquent for an act that if 
7committed by an adult would be a Class X felony, other than an 
8excluded offense, may be placed in an electronic monitoring or 
9home detention program, provided that the person was sentenced 
10on or after the effective date of this amendatory Act of the 
1196th General Assembly and provided that the court has not 
12prohibited the program for the minor in the sentencing order.
13 (d) Applications for electronic monitoring or home 
14detention may include the following:
15  (1) pre-adjudicatory detention;
16  (2) probation;
17  (3) furlough;
18  (4) post-trial incarceration; or
19  (5) any other disposition under this Article.

20(Source: P.A. 96-293, eff. 1-1-10.)

21 (705 ILCS 405/5-7A-115)
22 Sec. 5-7A-115. Program description. The supervising 
23authority may promulgate rules that prescribe reasonable 
24guidelines under which an electronic monitoring and home 
25detention program shall operate. These rules shall include, but 
 
 
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1not be limited, to, the following:
2  (A) The participant shall remain within the interior 
3 premises or within the property boundaries of his or her 
4 residence at all times during the hours designated by the 
5 supervising authority. Such instances of approved absences 
6 from the home may include, but are not limited to, the 
7 following:
8   (1) working or employment approved by the court or

9 traveling to or from approved employment;
10   (2) unemployed and seeking employment approved for

11 the participant by the court;
12   (3) undergoing medical, psychiatric, mental health

13 treatment, counseling, or other treatment programs 
14 approved for the participant by the court;
15   (4) attending an educational institution or a

16 program approved for the participant by the court;
17   (5) attending a regularly scheduled religious

18 service at a place of worship;
19   (6) participating in community work release or

20 community service programs approved for the 
21 participant by the supervising authority; or
22   (7) for another compelling reason consistent with

23 the public interest, as approved by the supervising 
24 authority.
25  (B) The participant shall admit any person or agent 
26 designated by the supervising authority into his or her 
 
 
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1 residence at any time for purposes of verifying the 
2 participant's compliance with the conditions of his or her 
3 detention.
4  (C) The participant shall make the necessary 
5 arrangements to allow for any person or agent designated by 
6 the supervising authority to visit the participant's place 
7 of education or employment at any time, based upon the 
8 approval of the educational institution or employer or 
9 both, for the purpose of verifying the participant's 
10 compliance with the conditions of his or her detention.
11  (D) The participant shall acknowledge and participate 
12 with the approved electronic monitoring device as 
13 designated by the supervising authority at any time for the 
14 purpose of verifying the participant's compliance with the 
15 conditions of his or her detention.
16  (E) The participant shall maintain the following:
17   (1) a working telephone in the participant's home;
18   (2) a monitoring device in the participant's home,

19 or on the participant's person, or both; and
20   (3) a monitoring device in the participant's home

21 and on the participant's person in the absence of a 
22 telephone.
23  (F) The participant shall obtain approval from the 
24 supervising authority before the participant changes 
25 residence or the schedule described in paragraph (A) of 
26 this Section.
 
 
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1  (G) The participant shall not commit another act that 
2 if committed by an adult would constitute a crime during 
3 the period of home detention ordered by the court.
4  (H) Notice to the participant that violation of the 
5 order for home detention may subject the participant to an 
6 adjudicatory hearing for escape as described in Section 
7 5-7A-120.
8  (I) The participant shall abide by other conditions as 
9 set by the supervising authority.

10(Source: P.A. 96-293, eff. 1-1-10; revised 10-25-16.)

11 (705 ILCS 405/5-7A-120)

12 Sec. 5-7A-120. Escape; failure to comply with a condition 
13of the juvenile electronic home monitoring or home detention 
14program.  A minor charged with or adjudicated delinquent for an 
15act that, if committed by an adult, would constitute a felony 
16or misdemeanor, conditionally released from the supervising 
17authority through a juvenile electronic home monitoring or home 
18detention program, who knowingly violates a condition of the 
19juvenile electronic home monitoring or home detention program 
20shall be adjudicated a delinquent minor for such act and shall 
21be subject to an additional sentencing order under Section 
225-710.

23(Source: P.A. 96-293, eff. 1-1-10; 97-333, eff. 8-12-11.)

24 (705 ILCS 405/5-7A-125)

 
 
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1 Sec. 5-7A-125. Consent of the participant. Before entering 
2an order for commitment for juvenile electronic monitoring home 
3detention, the supervising authority shall inform the 
4participant and other persons residing in the home of the 
5nature and extent of the approved electronic monitoring devices 
6by doing the following:
7  (A) Securing the written consent of the participant in 
8 the program to comply with the rules and regulations of the 
9 program as stipulated in paragraphs (A) through (I) of 
10 Section 5-7A-115.
11  (B) Where possible, securing the written consent of 
12 other persons residing in the home of the participant, 
13 including the parent or legal guardian of the minor and of 
14 the person in whose name the telephone is registered, at 
15 the time of the order for or commitment for electronic 
16 monitoring home detention is entered and acknowledge the 
17 nature and extent of approved electronic monitoring 
18 devices.
19  (C) Ensure that the approved electronic devices are 
20 minimally intrusive upon the privacy of the participant and 
21 other persons residing in the home while remaining in 
22 compliance with paragraphs (B) through (D) of Section 
23 5-7A-115.

24(Source: P.A. 96-293, eff. 1-1-10; 97-333, eff. 8-12-11.)"; and

25 on page 1, by replacing lines 10 and 11 with the following:

 
 
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1"juveniles subject to the jurisdiction of the juvenile drug 
2court program as a less restrictive alternative to detention, 
3consistent with any available evidence-based risk assessment 
4or substance abuse treatment eligibility screening.

5 Section 10. The Criminal Code of 2012 is amended by 
6changing Section 11-9.2 as follows:



7 (720 ILCS 5/11-9.2)


8 Sec. 11-9.2. Custodial sexual misconduct. 

9 (a) A person commits custodial sexual misconduct
when: (1) 
10he or
she is an employee of a penal system and engages in 
11sexual conduct or sexual
penetration with a person who is in 
12the custody of that penal system or (2)
he or she is an 
13employee of a treatment and detention facility and engages in

14sexual conduct or sexual penetration with a person who is in 
15the custody of
that
treatment and detention facility.

16 (b) A probation or supervising officer, surveillance 
17agent, or aftercare specialist commits custodial
sexual 
18misconduct when the probation or supervising officer, 
19surveillance
agent, or aftercare specialist engages in sexual

20conduct or sexual penetration with a probationer, parolee, or 
21releasee or
person serving a term of conditional release who is

22under the supervisory, disciplinary, or custodial authority of 
23the
officer or agent or employee so
engaging in the sexual 
24conduct or sexual penetration.

 
 
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1 (c) Custodial sexual misconduct is a Class 3 felony.

2 (d) Any person convicted of violating this Section 
3immediately shall forfeit
his or her employment with a penal 
4system, treatment and detention facility,
or conditional 
5release program.

6 (e) For purposes of this Section, the consent of the 
7probationer, parolee,
releasee, or inmate in custody of the 
8penal system or person detained or
civilly committed under the 
9Sexually Violent Persons Commitment Act
shall not be a defense 
10to a
prosecution under this Section. A person is deemed 
11incapable of consent, for
purposes of this Section, when he or 
12she is a probationer, parolee, releasee,
or inmate in custody 
13of a penal system or person detained or civilly
committed under 
14the Sexually Violent Persons Commitment Act.

15 (f) This Section does not apply to:


16  (1) Any employee, probation or supervising officer, 
17 surveillance
agent, or aftercare specialist who is 
18 lawfully
married to a person in custody if the marriage 
19 occurred before the date of
custody.


20  (2) Any employee, probation or supervising officer, 
21 surveillance
agent, or aftercare specialist who has no 
22 knowledge,
and would have no reason to believe, that the 
23 person with whom he or she
engaged in custodial sexual 
24 misconduct was a person in custody.

25 (g) In this Section:

26  (0.5) "Aftercare specialist" means any person employed 
 
 
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1 by the Department of Juvenile Justice to supervise and 
2 facilitate services for persons placed on aftercare 
3 release. 

4  (1) "Custody" means:


5   (i) pretrial incarceration or detention;


6   (ii) incarceration or detention under a sentence 
7 or commitment to a
State or local penal institution;


8   (iii) parole, aftercare release, or mandatory 
9 supervised release;


10   (iv) electronic monitoring or home detention;


11   (v) probation;


12   (vi) detention or civil commitment either in 
13 secure care or in the
community under the Sexually 
14 Violent Persons Commitment Act.


15  (2) "Penal system" means any system which includes 
16 institutions as defined
in Section 2-14 of this Code or a 
17 county shelter care or detention home
established under 
18 Section 1 of the County Shelter Care and Detention Home 
19 Act.


20  (2.1) "Treatment and detention facility" means any 
21 Department of Human
Services facility established for the 
22 detention or civil commitment of persons
under the Sexually 
23 Violent Persons Commitment Act.


24  (2.2) "Conditional release" means a program of 
25 treatment and services,
vocational services, and alcohol 
26 or other drug abuse treatment provided to any
person 
 
 
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1 civilly committed and conditionally released to the 
2 community under
the Sexually Violent Persons Commitment 
3 Act;


4  (3) "Employee" means:


5   (i) an employee of any governmental agency of this 
6 State or any county
or
municipal corporation that has 
7 by statute, ordinance, or court order the

8 responsibility for the care, control, or supervision 
9 of pretrial or sentenced
persons in a penal system or 
10 persons detained or civilly committed under the

11 Sexually Violent Persons Commitment Act;


12   (ii) a contractual employee of a penal system as 
13 defined in paragraph
(g)(2) of
this Section who works 
14 in a penal institution as defined in Section 2-14 of

15 this Code;


16   (iii) a contractual employee of a "treatment and 
17 detention facility"
as defined in paragraph (g)(2.1) 
18 of this Code or a contractual employee of the

19 Department of Human Services who provides supervision 
20 of persons serving a
term of conditional release as 
21 defined in paragraph (g)(2.2) of this Code.


22  (4) "Sexual conduct" or "sexual penetration" means any 
23 act of sexual
conduct or sexual penetration as defined in 
24 Section 11-0.1 of this Code.


25  (5) "Probation officer" means any person employed in a 
26 probation or court
services department as defined in 
 
 
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1 Section 9b of the Probation and Probation
Officers Act.


2  (6) "Supervising officer" means any person employed to 
3 supervise persons
placed on parole or mandatory supervised 
4 release with the duties described in
Section 3-14-2 of the 
5 Unified Code of Corrections.


6  (7) "Surveillance agent" means any person employed or 
7 contracted to
supervise persons placed on conditional 
8 release in the community under
the Sexually Violent Persons 
9 Commitment Act.

10(Source: P.A. 98-558, eff. 1-1-14.)


11 Section 15. The Unified Code of Corrections is amended by 
12changing Sections 5-1-10, 5-4.5-20, 5-4.5-25, 5-4.5-30, 
135-4.5-35, 5-4.5-40, 5-4.5-45, 5-4.5-55, 5-4.5-60, 5-4.5-65, 
145-8-1, 5-8A-3, 5-8A-4.1, 5-8A-5, and 5-8A-6 as follows:




15 (730 ILCS 5/5-1-10) (from Ch. 38, par. 1005-1-10)



16 Sec. 5-1-10. Imprisonment. "Imprisonment" means 
17incarceration in a correctional institution under a
sentence of 
18imprisonment and does not include "periodic imprisonment" 
19under
Article 7. "Imprisonment" also includes electronic 
20monitoring or home detention served by an offender after (i) 
21the offender has been committed to the custody of the sheriff 
22to serve the sentence and (ii) the sheriff has placed the 
23offender in an electronic monitoring or home detention program 
24in accordance with Article 8A of Chapter V of this Code.

 
 
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1(Source: P.A. 98-161, eff. 1-1-14.)


2 (730 ILCS 5/5-4.5-20)
3 Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first 
4degree murder:
5 (a) TERM. The defendant shall be sentenced to imprisonment 
6or, if appropriate, death under Section 9-1 of the Criminal 
7Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). 
8Imprisonment shall be for a determinate term of (1) not less 
9than 20 years and not more than 60 years; (2) not less than 60 
10years and not more than 100 years when an extended term is 
11imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural 
12life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).

13 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment 
14shall not be imposed.

15 (c) IMPACT INCARCERATION. The impact incarceration program 
16or the county impact incarceration program is not an authorized 
17disposition.

18 (d) PROBATION; CONDITIONAL DISCHARGE. A period of 
19probation or conditional discharge shall not be imposed.

20 (e) FINE. Fines may be imposed as provided in Section 
215-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

22 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
23concerning restitution.

24 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
25be concurrent or consecutive as provided in Section 5-8-4 (730 
 
 
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1ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

2 (h) DRUG COURT. Drug court is not an authorized 
3disposition.

4 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
5ILCS 5/5-4.5-100) concerning no credit for time spent in home 
6detention prior to judgment.

7 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) 
8for rules and regulations for sentence credit.

9 (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic 
10monitoring and home detention are not authorized dispositions 
11is not an authorized disposition, except in limited 
12circumstances as provided in Section 5-8A-3 (730 ILCS 
135/5-8A-3).

14 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
15provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or 
16mandatory supervised release term shall be 3 years upon release 
17from imprisonment.


18(Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)

19 (730 ILCS 5/5-4.5-25)
20 Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X 
21felony:
22 (a) TERM. The sentence of imprisonment shall be a 
23determinate sentence of not less than 6 years and not more than 
2430 years. The sentence of imprisonment for an extended term 
25Class X felony, as provided in Section 5-8-2 (730 ILCS 
 
 
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15/5-8-2), shall be not less than 30 years and not more than 60 
2years.

3 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment 
4shall not be imposed.

5 (c) IMPACT INCARCERATION. The impact incarceration program 
6or the county impact incarceration program is not an authorized 
7disposition.

8 (d) PROBATION; CONDITIONAL DISCHARGE. A period of 
9probation or conditional discharge shall not be imposed.

10 (e) FINE. Fines may be imposed as provided in Section 
115-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

12 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
13concerning restitution.

14 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
15be concurrent or consecutive as provided in Section 5-8-4 (730 
16ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

17 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
18Act (730 ILCS 166/20) concerning eligibility for a drug court 
19program.

20 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
21ILCS 5/5-4.5-100) concerning no credit for time spent in home 
22detention prior to judgment.

23 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) 
24for rules and regulations for sentence credit.

25 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 
265-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for 
 
 
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1electronic monitoring and home detention.

2 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
3provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
45/5-8-1), the parole or mandatory supervised release term shall 
5be 3 years upon release from imprisonment.


6(Source: P.A. 97-697, eff. 6-22-12.)

7 (730 ILCS 5/5-4.5-30)
8 Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 
9felony:
10 (a) TERM. The sentence of imprisonment, other than for 
11second degree murder, shall be a determinate sentence of not 
12less than 4 years and not more than 15 years. The sentence of 
13imprisonment for second degree murder shall be a determinate 
14sentence of not less than 4 years and not more than 20 years. 
15The sentence of imprisonment for an extended term Class 1 
16felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall 
17be a term not less than 15 years and not more than 30 years.

18 (b) PERIODIC IMPRISONMENT. A sentence of periodic 
19imprisonment shall be for a definite term of from 3 to 4 years, 
20except as otherwise provided in Section 5-5-3 or 5-7-1 (730 
21ILCS 5/5-5-3 or 5/5-7-1).

22 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 
23(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for 
24the impact incarceration program or the county impact 
25incarceration program.

 
 
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1 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
2in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the 
3period of probation or conditional discharge shall not exceed 4 
4years. The court shall specify the conditions of probation or 
5conditional discharge as set forth in Section 5-6-3 (730 ILCS 
65/5-6-3). In no case shall an offender be eligible for a 
7disposition of probation or conditional discharge for a Class 1 
8felony committed while he or she was serving a term of 
9probation or conditional discharge for a felony.

10 (e) FINE. Fines may be imposed as provided in Section 
115-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

12 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
13concerning restitution.

14 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
15be concurrent or consecutive as provided in Section 5-8-4 (730 
16ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

17 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
18Act (730 ILCS 166/20) concerning eligibility for a drug court 
19program.

20 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
21ILCS 5/5-4.5-100) concerning credit for time spent in home 
22detention prior to judgment.

23 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 
24ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act 
25(730 ILCS 130/) for rules and regulations for sentence credit.

26 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 
 
 
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15-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for 
2electronic monitoring and home detention.

3 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
4provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
55/5-8-1), the parole or mandatory supervised release term shall 
6be 2 years upon release from imprisonment.


7(Source: P.A. 97-697, eff. 6-22-12.)

8 (730 ILCS 5/5-4.5-35)
9 Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2 
10felony:
11 (a) TERM. The sentence of imprisonment shall be a 
12determinate sentence of not less than 3 years and not more than 
137 years. The sentence of imprisonment for an extended term 
14Class 2 felony, as provided in Section 5-8-2 (730 ILCS 
155/5-8-2), shall be a term not less than 7 years and not more 
16than 14 years.

17 (b) PERIODIC IMPRISONMENT. A sentence of periodic 
18imprisonment shall be for a definite term of from 18 to 30 
19months, except as otherwise provided in Section 5-5-3 or 5-7-1 
20(730 ILCS 5/5-5-3 or 5/5-7-1).

21 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 
22(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for 
23the impact incarceration program or the county impact 
24incarceration program.

25 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
 
 
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1in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the 
2period of probation or conditional discharge shall not exceed 4 
3years. The court shall specify the conditions of probation or 
4conditional discharge as set forth in Section 5-6-3 (730 ILCS 
55/5-6-3).

6 (e) FINE. Fines may be imposed as provided in Section 
75-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

8 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
9concerning restitution.

10 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
11be concurrent or consecutive as provided in Section 5-8-4 (730 
12ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

13 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
14Act (730 ILCS 166/20) concerning eligibility for a drug court 
15program.

16 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
17ILCS 5/5-4.5-100) concerning credit for time spent in home 
18detention prior to judgment.

19 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 
20ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act 
21(730 ILCS 130/) for rules and regulations for sentence credit.

22 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 
235-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for 
24electronic monitoring and home detention.

25 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
26provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
 
 
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15/5-8-1), the parole or mandatory supervised release term shall 
2be 2 years upon release from imprisonment.


3(Source: P.A. 97-697, eff. 6-22-12.)

4 (730 ILCS 5/5-4.5-40)
5 Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3 
6felony:
7 (a) TERM. The sentence of imprisonment shall be a 
8determinate sentence of not less than 2 years and not more than 
95 years. The sentence of imprisonment for an extended term 
10Class 3 felony, as provided in Section 5-8-2 (730 ILCS 
115/5-8-2), shall be a term not less than 5 years and not more 
12than 10 years.

13 (b) PERIODIC IMPRISONMENT. A sentence of periodic 
14imprisonment shall be for a definite term of up to 18 months, 
15except as otherwise provided in Section 5-5-3 or 5-7-1 (730 
16ILCS 5/5-5-3 or 5/5-7-1).

17 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 
18(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for 
19the impact incarceration program or the county impact 
20incarceration program.

21 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
22in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the 
23period of probation or conditional discharge shall not exceed 
2430 months. The court shall specify the conditions of probation 
25or conditional discharge as set forth in Section 5-6-3 (730 
 
 
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1ILCS 5/5-6-3).

2 (e) FINE. Fines may be imposed as provided in Section 
35-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

4 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
5concerning restitution.

6 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
7be concurrent or consecutive as provided in Section 5-8-4 (730 
8ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

9 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
10Act (730 ILCS 166/20) concerning eligibility for a drug court 
11program.

12 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
13ILCS 5/5-4.5-100) concerning credit for time spent in home 
14detention prior to judgment.

15 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 
16ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act 
17(730 ILCS 130/) for rules and regulations for sentence credit.

18 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 
195-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for 
20electronic monitoring and home detention.

21 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
22provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
235/5-8-1), the parole or mandatory supervised release term shall 
24be one year upon release from imprisonment.


25(Source: P.A. 97-697, eff. 6-22-12.)

 
 
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1 (730 ILCS 5/5-4.5-45)
2 Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4 
3felony:
4 (a) TERM. The sentence of imprisonment shall be a 
5determinate sentence of not less than one year and not more 
6than 3 years. The sentence of imprisonment for an extended term 
7Class 4 felony, as provided in Section 5-8-2 (730 ILCS 
85/5-8-2), shall be a term not less than 3 years and not more 
9than 6 years.

10 (b) PERIODIC IMPRISONMENT. A sentence of periodic 
11imprisonment shall be for a definite term of up to 18 months, 
12except as otherwise provided in Section 5-5-3 or 5-7-1 (730 
13ILCS 5/5-5-3 or 5/5-7-1).

14 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 
15(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for 
16the impact incarceration program or the county impact 
17incarceration program.

18 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
19in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the 
20period of probation or conditional discharge shall not exceed 
2130 months. The court shall specify the conditions of probation 
22or conditional discharge as set forth in Section 5-6-3 (730 
23ILCS 5/5-6-3).

24 (e) FINE. Fines may be imposed as provided in Section 
255-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

26 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
 
 
10000SB1399ham001- 35 -LRB100 10078 WGH 26303 a


1concerning restitution.

2 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
3be concurrent or consecutive as provided in Section 5-8-4 (730 
4ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

5 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
6Act (730 ILCS 166/20) concerning eligibility for a drug court 
7program.

8 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
9ILCS 5/5-4.5-100) concerning credit for time spent in home 
10detention prior to judgment.

11 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 
12ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act 
13(730 ILCS 130/) for rules and regulations for sentence credit.

14 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 
155-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for 
16electronic monitoring and home detention.

17 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
18provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
195/5-8-1), the parole or mandatory supervised release term shall 
20be one year upon release from imprisonment.


21(Source: P.A. 97-697, eff. 6-22-12.)

22 (730 ILCS 5/5-4.5-55)
23 Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class 
24A misdemeanor:
25 (a) TERM. The sentence of imprisonment shall be a 
 
 
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1determinate sentence of less than one year.

2 (b) PERIODIC IMPRISONMENT. A sentence of periodic 
3imprisonment shall be for a definite term of less than one 
4year, except as otherwise provided in Section 5-5-3 or 5-7-1 
5(730 ILCS 5/5-5-3 or 5/5-7-1).

6 (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 
75/5-8-1.2) concerning eligibility for the county impact 
8incarceration program.

9 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
10in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the 
11period of probation or conditional discharge shall not exceed 2 
12years. The court shall specify the conditions of probation or 
13conditional discharge as set forth in Section 5-6-3 (730 ILCS 
145/5-6-3).

15 (e) FINE. A fine not to exceed $2,500 for each offense or 
16the amount specified in the offense, whichever is greater, may 
17be imposed. A fine may be imposed in addition to a sentence of 
18conditional discharge, probation, periodic imprisonment, or 
19imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, 
20Art. 9) for imposition of additional amounts and determination 
21of amounts and payment.

22 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
23concerning restitution.

24 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
25be concurrent or consecutive as provided in Section 5-8-4 (730 
26ILCS 5/5-8-4).

 
 
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1 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
2Act (730 ILCS 166/20) concerning eligibility for a drug court 
3program.

4 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
5ILCS 5/5-4.5-100) concerning credit for time spent in home 
6detention prior to judgment.

7 (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good 
8Behavior Allowance Act (730 ILCS 130/) for rules and 
9regulations for good behavior allowance.

10 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 
115-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for 
12electronic monitoring and home detention.


13(Source: P.A. 97-697, eff. 6-22-12.)

14 (730 ILCS 5/5-4.5-60)
15 Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class 
16B misdemeanor:
17 (a) TERM. The sentence of imprisonment shall be a 
18determinate sentence of not more than 6 months.

19 (b) PERIODIC IMPRISONMENT. A sentence of periodic 
20imprisonment shall be for a definite term of up to 6 months or 
21as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).

22 (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 
235/5-8-1.2) concerning eligibility for the county impact 
24incarceration program.

25 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
 
 
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1in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or 
2conditional discharge shall not exceed 2 years. The court shall 
3specify the conditions of probation or conditional discharge as 
4set forth in Section 5-6-3 (730 ILCS 5/5-6-3).

5 (e) FINE. A fine not to exceed $1,500 for each offense or 
6the amount specified in the offense, whichever is greater, may 
7be imposed. A fine may be imposed in addition to a sentence of 
8conditional discharge, probation, periodic imprisonment, or 
9imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, 
10Art. 9) for imposition of additional amounts and determination 
11of amounts and payment.

12 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
13concerning restitution.

14 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
15be concurrent or consecutive as provided in Section 5-8-4 (730 
16ILCS 5/5-8-4).

17 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
18Act (730 ILCS 166/20) concerning eligibility for a drug court 
19program.

20 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
21ILCS 5/5-4.5-100) concerning credit for time spent in home 
22detention prior to judgment.

23 (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good 
24Behavior Allowance Act (730 ILCS 130/) for rules and 
25regulations for good behavior allowance.

26 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 
 
 
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15-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for 
2electronic monitoring and home detention.


3(Source: P.A. 97-697, eff. 6-22-12.)

4 (730 ILCS 5/5-4.5-65)
5 Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class 
6C misdemeanor:
7 (a) TERM. The sentence of imprisonment shall be a 
8determinate sentence of not more than 30 days.

9 (b) PERIODIC IMPRISONMENT. A sentence of periodic 
10imprisonment shall be for a definite term of up to 30 days or 
11as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).

12 (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 
135/5-8-1.2) concerning eligibility for the county impact 
14incarceration program.

15 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
16in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or 
17conditional discharge shall not exceed 2 years. The court shall 
18specify the conditions of probation or conditional discharge as 
19set forth in Section 5-6-3 (730 ILCS 5/5-6-3).

20 (e) FINE. A fine not to exceed $1,500 for each offense or 
21the amount specified in the offense, whichever is greater, may 
22be imposed. A fine may be imposed in addition to a sentence of 
23conditional discharge, probation, periodic imprisonment, or 
24imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, 
25Art. 9) for imposition of additional amounts and determination 
 
 
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1of amounts and payment.

2 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
3concerning restitution.

4 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
5be concurrent or consecutive as provided in Section 5-8-4 (730 
6ILCS 5/5-8-4).

7 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
8Act (730 ILCS 166/20) concerning eligibility for a drug court 
9program.

10 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
11ILCS 5/5-4.5-100) concerning credit for time spent in home 
12detention prior to judgment.

13 (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good 
14Behavior Allowance Act (730 ILCS 130/) for rules and 
15regulations for good behavior allowance.

16 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 
175-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for 
18electronic monitoring and home detention.


19(Source: P.A. 97-697, eff. 6-22-12.)



20 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)


21 Sec. 5-8-1. Natural life imprisonment; enhancements for 
22use of a firearm; mandatory supervised release terms. 

23 (a) Except as otherwise provided in the statute defining 
24the offense or in Article 4.5 of Chapter V, a
sentence of 
25imprisonment for a felony shall be a determinate sentence set 
 
 
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1by
the court under this Section, according to the following 
2limitations:

3  (1) for first degree murder,

4   (a) (blank),

5   (b) if a trier of fact finds beyond a reasonable

6 doubt that the murder was accompanied by exceptionally

7 brutal or heinous behavior indicative of wanton 
8 cruelty or, except as set forth
in subsection (a)(1)(c) 
9 of this Section, that any of the aggravating factors

10 listed in subsection (b) or (b-5) of Section 9-1 of the 
11 Criminal Code of 1961 or the Criminal Code of 2012 are

12 present, the court may sentence the defendant, subject 
13 to Section 5-4.5-105, to a term of natural life

14 imprisonment, or

15   (c) the court shall sentence the defendant to a 
16 term of natural life
imprisonment if the defendant, at 
17 the time of the commission of the murder, had attained 
18 the age of 18, and 

19    (i) has previously been convicted of first 
20 degree murder under
any state or federal law, or

21    (ii) is found guilty of murdering more
than one 
22 victim, or

23    (iii) is found guilty of murdering a peace 
24 officer, fireman, or emergency management worker 
25 when
the peace officer, fireman, or emergency 
26 management worker was killed in the course of 
 
 
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1 performing his
official duties, or to prevent the 
2 peace officer or fireman from
performing his 
3 official duties, or in retaliation for the peace 
4 officer,
fireman, or emergency management worker 
5 from performing his official duties, and the 
6 defendant knew or should
have known that the 
7 murdered individual was a peace officer, fireman, 
8 or emergency management worker, or

9    (iv) is found guilty of murdering an employee 
10 of an institution or
facility of the Department of 
11 Corrections, or any similar local
correctional 
12 agency, when the employee was killed in the course 
13 of
performing his official duties, or to prevent 
14 the employee from performing
his official duties, 
15 or in retaliation for the employee performing his

16 official duties, or

17    (v) is found guilty of murdering an emergency 
18 medical
technician - ambulance, emergency medical 
19 technician - intermediate, emergency
medical 
20 technician - paramedic, ambulance driver or other 
21 medical assistance or
first aid person while 
22 employed by a municipality or other governmental 
23 unit
when the person was killed in the course of 
24 performing official duties or
to prevent the 
25 person from performing official duties or in 
26 retaliation
for performing official duties and the 
 
 
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1 defendant knew or should have known
that the 
2 murdered individual was an emergency medical 
3 technician - ambulance,
emergency medical 
4 technician - intermediate, emergency medical

5 technician - paramedic, ambulance driver, or other 
6 medical
assistant or first aid personnel, or

7    (vi) (blank), or

8    (vii) is found guilty of first degree murder 
9 and the murder was
committed by reason of any 
10 person's activity as a community policing 
11 volunteer
or to prevent any person from engaging in 
12 activity as a community policing
volunteer. For 
13 the purpose of this Section, "community policing 
14 volunteer"
has the meaning ascribed to it in 
15 Section 2-3.5 of the Criminal Code of 2012.

16   For purposes of clause (v), "emergency medical 
17 technician - ambulance",
"emergency medical technician -
18  intermediate", "emergency medical technician -

19 paramedic", have the meanings ascribed to them in the 
20 Emergency Medical
Services (EMS) Systems Act.

21   (d) (i) if the person committed the offense while 
22 armed with a
firearm, 15 years shall be added to 
23 the term of imprisonment imposed by the
court;

24    (ii) if, during the commission of the offense, 
25 the person
personally discharged a firearm, 20 
26 years shall be added to the term of
imprisonment 
 
 
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1 imposed by the court;

2    (iii) if, during the commission of the 
3 offense, the person
personally discharged a 
4 firearm that proximately caused great bodily harm,

5 permanent disability, permanent disfigurement, or 
6 death to another person, 25
years or up to a term 
7 of natural life shall be added to the term of

8 imprisonment imposed by the court.

9  (2) (blank);

10  (2.5) for a person who has attained the age of 18 years

11 at the time of the commission of the offense and
who is 
12 convicted under the circumstances described in subdivision 
13 (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection 
14 (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 
15 or paragraph (2) of subsection
(d) of Section 12-14, 
16 subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) 
17 of subsection (b) of
Section 12-14.1, subdivision (b)(2) of 
18 Section 11-1.40 or paragraph (2) of subsection (b) of 
19 Section 12-14.1
of the Criminal Code of 1961 or the 
20 Criminal Code of 2012, the sentence shall be a term of 
21 natural life
imprisonment.

22 (b) (Blank).

23 (c) (Blank).

24 (d) Subject to
earlier termination under Section 3-3-8, the 
25parole or mandatory
supervised release term shall be written as 
26part of the sentencing order and shall be as follows:

 
 
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1  (1) for first degree murder or a Class X felony except 
2 for the offenses of predatory criminal sexual assault of a 
3 child, aggravated criminal sexual assault, and criminal 
4 sexual assault if committed on or after the effective date 
5 of this amendatory Act of the 94th General Assembly and 
6 except for the offense of aggravated child pornography 
7 under Section 11-20.1B, 11-20.3, or 11-20.1 with 
8 sentencing under subsection (c-5) of Section 11-20.1 of the 
9 Criminal Code of 1961 or the Criminal Code of 2012, if 
10 committed on or after January 1, 2009, 3 years;

11  (2) for a Class 1 felony or a Class 2 felony except for 
12 the offense of criminal sexual assault if committed on or 
13 after the effective date of this amendatory Act of the 94th 
14 General Assembly and except for the offenses of manufacture 
15 and dissemination of child pornography under clauses 
16 (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code 
17 of 1961 or the Criminal Code of 2012, if committed on or 
18 after January 1, 2009, 2 years;

19  (3) for a Class 3 felony or a Class 4 felony, 1 year;

20  (4) for defendants who commit the offense of predatory 
21 criminal sexual assault of a child, aggravated criminal 
22 sexual assault, or criminal sexual assault, on or after the 
23 effective date of this amendatory Act of the 94th General 
24 Assembly, or who commit the offense of aggravated child 
25 pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
26 with sentencing under subsection (c-5) of Section 11-20.1 
 
 
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1 of the Criminal Code of 1961 or the Criminal Code of 2012, 
2 manufacture of child pornography, or dissemination of 
3 child pornography after January 1, 2009, the term of 
4 mandatory supervised release shall range from a minimum of 
5 3 years to a maximum of the natural life of the defendant;

6  (5) if the victim is under 18 years of age, for a 
7 second or subsequent
offense of aggravated criminal sexual 
8 abuse or felony criminal sexual abuse,
4 years, at least 
9 the first 2 years of which the defendant shall serve in an

10 electronic monitoring or home detention program under 
11 Article 8A of Chapter V of this Code;

12  (6) for a felony domestic battery, aggravated domestic 
13 battery, stalking, aggravated stalking, and a felony 
14 violation of an order of protection, 4 years. 
15 (e) (Blank).

16 (f) (Blank).

17(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17.)





18 (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)



19 Sec. 5-8A-3. Application. 

20 (a) Except as provided in subsection (d), a person charged 
21with
or convicted of an
excluded offense may not be placed in 
22an electronic monitoring or home
detention program, except for 
23bond pending trial or appeal or while on parole, aftercare 
24release,
or mandatory supervised release.

25 (b) A person serving a sentence for a conviction of a Class 
 
 
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11 felony,
other than an excluded offense, may be placed in an 
2electronic monitoring or home detention
program for a period 
3not to exceed the last 90 days of incarceration.

4 (c) A person serving a sentence for a conviction
of a Class 
5X felony, other than an excluded offense, may be placed
in an 
6electronic monitoring or home detention program for a period 
7not to exceed the last 90
days of incarceration, provided that 
8the person was sentenced on or after August 11, 1993 (the

9effective date of Public Act 88-311) this amendatory Act of 
101993 and provided that the court has
not prohibited the program 
11for the person in the sentencing order.

12 (d) A person serving a sentence for conviction of an 
13offense other than
for predatory criminal sexual assault of a 
14child, aggravated criminal
sexual assault, criminal sexual 
15assault, aggravated
criminal sexual abuse, or felony criminal 
16sexual abuse, may be placed in an
electronic monitoring or home 
17detention program for a period not to exceed the last 12 months

18of incarceration, provided that (i) the person is 55 years of 
19age or older;
(ii) the person is serving a determinate 
20sentence; (iii) the person has served
at least 25% of the 
21sentenced prison term; and (iv) placement in an electronic
home 
22monitoring or home detention program is approved by the 
23Prisoner Review Board or the Department of Juvenile Justice.

24 (e) A person serving a sentence for conviction
of a Class 
252, 3, or 4 felony offense which is not an excluded offense may 
26be
placed in an
electronic monitoring or home detention program 
 
 
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1pursuant to Department administrative
directives.

2 (f) Applications for electronic monitoring or home 
3detention
may include the following:

4  (1) pretrial or pre-adjudicatory detention;

5  (2) probation;

6  (3) conditional discharge;

7  (4) periodic imprisonment;

8  (5) parole, aftercare release, or mandatory supervised 
9 release;

10  (6) work release;

11  (7) furlough; or

12  (8) post-trial incarceration.

13 (g) A person convicted of an offense described in clause 
14(4) or (5) of
subsection (d) of Section 5-8-1 of this Code 
15shall be placed in an electronic monitoring or
home detention 
16program for at least the first 2 years of the person's 
17mandatory
supervised release term.

18(Source: P.A. 98-558, eff. 1-1-14; 98-756, eff. 7-16-14; 
1999-628, eff. 1-1-17; 99-797, eff. 8-12-16; revised 9-1-16.)





20 (730 ILCS 5/5-8A-4.1)



21 Sec. 5-8A-4.1. Escape; failure to comply with a condition 
22of the
electronic monitoring or home detention program.
23 (a) A person charged with or convicted of a felony,
or 
24charged with or adjudicated delinquent for an act which, if 
25committed by an adult, would constitute a felony, conditionally 
 
 
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1released from the supervising authority through an electronic

2monitoring or home detention program, who knowingly violates a 
3condition of the
electronic
home monitoring or home detention 
4program is guilty of a Class 3 felony.

5 (b) A person charged with or convicted of a misdemeanor,
or 
6charged with or adjudicated delinquent for an act which, if 
7committed by an adult, would constitute a misdemeanor, 
8conditionally released from the supervising authority through 
9an electronic
monitoring or home detention program, who 
10knowingly violates a condition of the
electronic
monitoring or 
11home detention program is guilty of a Class B misdemeanor.

12 (c) A person who violates this Section while armed with a 
13dangerous weapon
is guilty of a Class 1 felony.

14(Source: P.A. 99-797, eff. 8-12-16.)





15 (730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)



16 Sec. 5-8A-5. Consent of the participant. Before entering an 
17order for
commitment for electronic monitoring, the 
18supervising authority shall
inform the participant and other 
19persons residing in the home of the nature
and extent of the 
20approved electronic monitoring devices by doing the
following:

21  (A) Securing the written consent of the participant in 
22 the program to
comply with the rules and regulations of the 
23 program as stipulated in
subsections (A) through (I) of 
24 Section 5-8A-4.

25  (B) Where possible, securing the written consent of 
 
 
10000SB1399ham001- 50 -LRB100 10078 WGH 26303 a


1 other persons
residing in the home
of the participant, 
2 including the person in whose name the telephone is

3 registered, at the time of the order for or commitment for 
4 electronic monitoring
home detention is entered and 
5 acknowledge the nature and extent of approved
electronic 
6 monitoring devices.

7  (C) Ensure Insure that the approved electronic devices 
8 be minimally
intrusive upon the privacy of the participant

9 and other persons residing in the home
while remaining in 
10 compliance with subsections (B) through (D)
of Section 
11 5-8A-4.

12 (D) This Section does not apply to persons subject to 
13electronic monitoring Electronic
Monitoring or home detention 
14as a term or condition of parole, aftercare release, or 
15mandatory supervised release
under subsection (d) of Section 
165-8-1 of this Code.

17(Source: P.A. 98-558, eff. 1-1-14; 99-797, eff. 8-12-16; 
18revised 10-27-16.)


19 (730 ILCS 5/5-8A-6)

20 Sec. 5-8A-6. Electronic monitoring of certain sex 
21offenders. For a sexual predator subject to electronic home 
22monitoring under paragraph (7.7) of subsection (a) of Section 
233-3-7, the Department of Corrections must use a system that 
24actively monitors and identifies the offender's current 
25location and timely reports or records the offender's presence 
 
 
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1and that alerts the Department of the offender's presence 
2within a prohibited area described in Section 11-9.3 of the 
3Criminal Code of 2012, in a court order, or as a condition of 
4the offender's parole, mandatory supervised release, or 
5extended mandatory supervised release and the offender's 
6departure from specified geographic limitations. To the extent 
7that he or she is able to do so, which the Department of 
8Corrections by rule shall determine, the offender must pay for 
9the cost of the electronic monitoring.

10(Source: P.A. 99-797, eff. 8-12-16.)".