Illinois Compiled Statutes 730 ILCS 5/5-8A-4 – Program description
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The supervising authority may promulgate rules that prescribe reasonable guidelines under which an electronic monitoring and home detention program shall operate. When using electronic monitoring for home detention these rules may include, but not be limited to, the following:
(A) The participant may be instructed to remain
(A) The participant may be instructed to 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 shall include, but are not limited to, the following:
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(1) working or employment approved by the court
or traveling to or from approved employment;
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(2) unemployed and seeking employment approved
for the participant by the court;
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(3) undergoing medical, psychiatric, mental
health treatment, counseling, or other treatment programs approved for the participant by the court;
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(4) attending an educational institution or a
program approved for the participant by the court;
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(5) attending a regularly scheduled religious
service at a place of worship;
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(6) participating in community work release or
community service programs approved for the participant by the supervising authority;
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(7) for another compelling reason consistent with
the public interest, as approved by the supervising authority; or
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(8) purchasing groceries, food, or other basic
necessities.
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(A-1) 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 two days per week, to participate in basic activities such as those listed in paragraph (A). In this subdivision (A-1), “days” means a reasonable time period during a calendar day, as outlined by the court in the order placing the person on home confinement.
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(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.
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(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.
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(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.
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(E) The participant shall maintain the following:
(1) access to a working telephone;
(2) a monitoring device in the participant’s
Terms Used In Illinois Compiled Statutes 730 ILCS 5/5-8A-4
- 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, consumption of alcohol, consumption of drugs, location as determined through GPS, cellular triangulation, Wi-Fi, or other electronic means. See Illinois Compiled Statutes 730 ILCS 5/5-8A-2
- Electronic monitoring: means the monitoring of an inmate, person, or offender with an electronic device both within and outside of their home under the terms and conditions established by the supervising authority. See Illinois Compiled Statutes 730 ILCS 5/5-8A-2
- 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. See Illinois Compiled Statutes 730 ILCS 5/5-8A-2
- Participant: means an inmate or offender placed into an electronic monitoring program. See Illinois Compiled Statutes 730 ILCS 5/5-8A-2
- Supervising authority: means the Department of Corrections, the Department of Juvenile Justice, probation department, a Chief Judge's office, pretrial services division or department, sheriff, superintendent of municipal house of corrections or any other officer or agency charged with authorizing and supervising electronic monitoring and home detention. See Illinois Compiled Statutes 730 ILCS 5/5-8A-2
(1) access to a working telephone;
(2) a monitoring device in the participant’s
home, or on the participant’s person, or both; and
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(3) a monitoring device in the participant’s home
and on the participant’s person in the absence of a telephone.
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(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. Such approval shall not be unreasonably withheld.
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(G) The participant shall not commit another crime
during the period of home detention ordered by the Court.
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(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.
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(I) The participant shall abide by other conditions
as set by the supervising authority.
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(J) This Section takes effect January 1, 2022.