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1		AN ACT concerning courts.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 3. The Juvenile Court Act of 1987 is amended by
5		changing the heading of Part 7A of Article V and by changing
6		Sections 5-710, 5-7A-101, 5-7A-110, 5-7A-115, 5-7A-120, and
7		5-7A-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
11		respect 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
17		custodian, provided, however, that any such minor who
18		is not committed to the Department of Juvenile Justice
19		under this subsection and who is found to be a
20		delinquent for an offense which is first degree murder,
21		a Class X felony, or a forcible felony shall be placed
22		on probation;
23		(ii) placed in accordance with Section 5-740, with

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1		or without also being put on probation or conditional
2		discharge;
3		(iii) required to undergo a substance abuse
4		assessment conducted by a licensed provider and
5		participate in the indicated clinical level of care;
6		(iv) on and after the effective date of this
7		amendatory Act of the 98th General Assembly and before
8		January 1, 2017, placed in the guardianship of the
9		Department of Children and Family Services, but only if
10		the delinquent minor is under 16 years of age or,
11		pursuant to Article II of this Act, a minor for whom an
12		independent basis of abuse, neglect, or dependency
13		exists. On and after January 1, 2017, placed in the
14		guardianship of the Department of Children and Family
15		Services, but only if the delinquent minor is under 15
16		years of age or, pursuant to Article II of this Act, a
17		minor for whom an independent basis of abuse, neglect,
18		or dependency exists. An independent basis exists when
19		the allegations or adjudication of abuse, neglect, or
20		dependency do not arise from the same facts, incident,
21		or circumstances which give rise to a charge or
22		adjudication of delinquency;
23		(v) placed in detention for a period not to exceed
24		30 days, either as the exclusive order of disposition
25		or, where appropriate, in conjunction with any other
26		order of disposition issued under this paragraph,

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1		provided that any such detention shall be in a juvenile
2		detention home and the minor so detained shall be 10
3		years of age or older. However, the 30-day limitation
4		may be extended by further order of the court for a
5		minor under age 15 committed to the Department of
6		Children and Family Services if the court finds that
7		the minor is a danger to himself or others. The minor
8		shall be given credit on the sentencing order of
9		detention for time spent in detention under Sections
10		5-501, 5-601, 5-710, or 5-720 of this Article as a
11		result of the offense for which the sentencing order
12		was imposed. The court may grant credit on a sentencing
13		order of detention entered under a violation of
14		probation or violation of conditional discharge under
15		Section 5-720 of this Article for time spent in
16		detention before the filing of the petition alleging
17		the violation. A minor shall not be deprived of credit
18		for time spent in detention before the filing of a
19		violation of probation or conditional discharge
20		alleging the same or related act or acts. The
21		limitation that the minor shall only be placed in a
22		juvenile detention home does not apply as follows:
23		Persons 18 years of age and older who have a
24		petition of delinquency filed against them may be
25		confined in an adult detention facility. In making a
26		determination whether to confine a person 18 years of

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1		age or older who has a petition of delinquency filed
2		against the person, these factors, among other
3		matters, shall be considered:
4		(A) the age of the person;
5		(B) any previous delinquent or criminal
6		history of the person;
7		(C) any previous abuse or neglect history of
8		the person;
9		(D) any mental health history of the person;
10		and
11		(E) any educational history of the person;
12		(vi) ordered partially or completely emancipated
13		in accordance with the provisions of the Emancipation
14		of Minors Act;
15		(vii) subject to having his or her driver's license
16		or driving privileges suspended for such time as
17		determined by the court but only until he or she
18		attains 18 years of age;
19		(viii) put on probation or conditional discharge
20		and placed in detention under Section 3-6039 of the
21		Counties Code for a period not to exceed the period of
22		incarceration permitted by law for adults found guilty
23		of the same offense or offenses for which the minor was
24		adjudicated delinquent, and in any event no longer than
25		upon attainment of age 21; this subdivision (viii)
26		notwithstanding any contrary provision of the law;

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1		(ix) ordered to undergo a medical or other
2		procedure to have a tattoo symbolizing allegiance to a
3		street gang removed from his or her body; or
4		(x) placed in electronic monitoring or home
5		detention under Part 7A of this Article.
6		(b) A minor found to be guilty may be committed to the
7		Department of Juvenile Justice under Section 5-750 if the
8		minor is at least 13 years and under 20 years of age,
9		provided that the commitment to the Department of Juvenile
10		Justice shall be made only if the minor was found guilty of
11		a felony offense or first degree murder. The court shall
12		include in the sentencing order any pre-custody credits the
13		minor is entitled to under Section 5-4.5-100 of the Unified
14		Code of Corrections. The time during which a minor is in
15		custody before being released upon the request of a parent,
16		guardian or legal custodian shall also be considered as
17		time spent in custody.
18		(c) When a minor is found to be guilty for an offense
19		which is a violation of the Illinois Controlled Substances
20		Act, the Cannabis Control Act, or the Methamphetamine
21		Control and Community Protection Act and made a ward of the
22		court, the court may enter a disposition order requiring
23		the minor to undergo assessment, counseling or treatment in
24		a substance abuse program approved by the Department of
25		Human Services.
26		(2) Any sentencing order other than commitment to the

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1		Department of Juvenile Justice may provide for protective
2		supervision under Section 5-725 and may include an order of
3		protection under Section 5-730.
4		(3) Unless the sentencing order expressly so provides, it
5		does not operate to close proceedings on the pending petition,
6		but is subject to modification until final closing and
7		discharge of the proceedings under Section 5-750.
8		(4) In addition to any other sentence, the court may order
9		any minor found to be delinquent to make restitution, in
10		monetary or non-monetary form, under the terms and conditions
11		of Section 5-5-6 of the Unified Code of Corrections, except
12		that the "presentencing hearing" referred to in that Section
13		shall be the sentencing hearing for purposes of this Section.
14		The parent, guardian or legal custodian of the minor may be
15		ordered by the court to pay some or all of the restitution on
16		the minor's behalf, pursuant to the Parental Responsibility
17		Law. The State's Attorney is authorized to act on behalf of any
18		victim in seeking restitution in proceedings under this
19		Section, up to the maximum amount allowed in Section 5 of the
20		Parental Responsibility Law.
21		(5) Any sentencing order where the minor is committed or
22		placed in accordance with Section 5-740 shall provide for the
23		parents or guardian of the estate of the minor to pay to the
24		legal custodian or guardian of the person of the minor such
25		sums as are determined by the custodian or guardian of the
26		person of the minor as necessary for the minor's needs. The

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1		payments may not exceed the maximum amounts provided for by
2		Section 9.1 of the Children and Family Services Act.
3		(6) Whenever the sentencing order requires the minor to
4		attend school or participate in a program of training, the
5		truant officer or designated school official shall regularly
6		report to the court if the minor is a chronic or habitual
7		truant under Section 26-2a of the School Code. Notwithstanding
8		any other provision of this Act, in instances in which
9		educational services are to be provided to a minor in a
10		residential facility where the minor has been placed by the
11		court, costs incurred in the provision of those educational
12		services must be allocated based on the requirements of the
13		School Code.
14		(7) In no event shall a guilty minor be committed to the
15		Department of Juvenile Justice for a period of time in excess
16		of that period for which an adult could be committed for the
17		same act. The court shall include in the sentencing order a
18		limitation on the period of confinement not to exceed the
19		maximum period of imprisonment the court could impose under
20		Article V of the Unified Code of Corrections.
21		(7.5) In no event shall a guilty minor be committed to the
22		Department of Juvenile Justice or placed in detention when the
23		act for which the minor was adjudicated delinquent would not be
24		illegal if committed by an adult.
25		(7.6) In no event shall a guilty minor be committed to the
26		Department of Juvenile Justice for an offense which is a Class

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1		4 felony under Section 19-4 (criminal trespass to a residence),
2		21-1 (criminal damage to property), 21-1.01 (criminal damage to
3		government supported property), 21-1.3 (criminal defacement of
4		property), 26-1 (disorderly conduct), or 31-4 (obstructing
5		justice), of the Criminal Code of 2012.
6		(7.75) In no event shall a guilty minor be committed to the
7		Department of Juvenile Justice for an offense that is a Class 3
8		or Class 4 felony violation of the Illinois Controlled
9		Substances Act unless the commitment occurs upon a third or
10		subsequent judicial finding of a violation of probation for
11		substantial noncompliance with court-ordered court ordered
12		treatment or programming.
13		(8) A minor found to be guilty for reasons that include a
14		violation of Section 21-1.3 of the Criminal Code of 1961 or the
15		Criminal Code of 2012 shall be ordered to perform community
16		service for not less than 30 and not more than 120 hours, if
17		community service is available in the jurisdiction. The
18		community service shall include, but need not be limited to,
19		the cleanup and repair of the damage that was caused by the
20		violation or similar damage to property located in the
21		municipality or county in which the violation occurred. The
22		order may be in addition to any other order authorized by this
23		Section.
24		(8.5) A minor found to be guilty for reasons that include a
25		violation of Section 3.02 or Section 3.03 of the Humane Care
26		for Animals Act or paragraph (d) of subsection (1) of Section

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1		21-1 of the Criminal Code of 1961 or paragraph (4) of
2		subsection (a) of Section 21-1 of the Criminal Code of 2012
3		shall be ordered to undergo medical or psychiatric treatment
4		rendered by a psychiatrist or psychological treatment rendered
5		by a clinical psychologist. The order may be in addition to any
6		other order authorized by this Section.
7		(9) In addition to any other sentencing order, the court
8		shall order any minor found to be guilty for an act which would
9		constitute, predatory criminal sexual assault of a child,
10		aggravated criminal sexual assault, criminal sexual assault,
11		aggravated criminal sexual abuse, or criminal sexual abuse if
12		committed by an adult to undergo medical testing to determine
13		whether the defendant has any sexually transmissible disease
14		including a test for infection with human immunodeficiency
15		virus (HIV) or any other identified causative agency of
16		acquired immunodeficiency syndrome (AIDS). Any medical test
17		shall be performed only by appropriately licensed medical
18		practitioners and may include an analysis of any bodily fluids
19		as well as an examination of the minor's person. Except as
20		otherwise provided by law, the results of the test shall be
21		kept strictly confidential by all medical personnel involved in
22		the testing and must be personally delivered in a sealed
23		envelope to the judge of the court in which the sentencing
24		order was entered for the judge's inspection in camera. Acting
25		in accordance with the best interests of the victim and the
26		public, the judge shall have the discretion to determine to

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1		whom the results of the testing may be revealed. The court
2		shall notify the minor of the results of the test for infection
3		with the human immunodeficiency virus (HIV). The court shall
4		also notify the victim if requested by the victim, and if the
5		victim is under the age of 15 and if requested by the victim's
6		parents or legal guardian, the court shall notify the victim's
7		parents or the legal guardian, of the results of the test for
8		infection with the human immunodeficiency virus (HIV). The
9		court shall provide information on the availability of HIV
10		testing and counseling at the Department of Public Health
11		facilities to all parties to whom the results of the testing
12		are revealed. The court shall order that the cost of any test
13		shall be paid by the county and may be taxed as costs against
14		the minor.
15		(10) When a court finds a minor to be guilty the court
16		shall, before entering a sentencing order under this Section,
17		make a finding whether the offense committed either: (a) was
18		related to or in furtherance of the criminal activities of an
19		organized gang or was motivated by the minor's membership in or
20		allegiance to an organized gang, or (b) involved a violation of
21		subsection (a) of Section 12-7.1 of the Criminal Code of 1961
22		or the Criminal Code of 2012, a violation of any Section of
23		Article 24 of the Criminal Code of 1961 or the Criminal Code of
24		2012, or a violation of any statute that involved the wrongful
25		use of a firearm. If the court determines the question in the
26		affirmative, and the court does not commit the minor to the

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1		Department of Juvenile Justice, the court shall order the minor
2		to perform community service for not less than 30 hours nor
3		more than 120 hours, provided that community service is
4		available in the jurisdiction and is funded and approved by the
5		county board of the county where the offense was committed. The
6		community service shall include, but need not be limited to,
7		the cleanup and repair of any damage caused by a violation of
8		Section 21-1.3 of the Criminal Code of 1961 or the Criminal
9		Code of 2012 and similar damage to property located in the
10		municipality or county in which the violation occurred. When
11		possible and reasonable, the community service shall be
12		performed in the minor's neighborhood. This order shall be in
13		addition to any other order authorized by this Section except
14		for an order to place the minor in the custody of the
15		Department of Juvenile Justice. For the purposes of this
16		Section, "organized gang" has the meaning ascribed to it in
17		Section 10 of the Illinois Streetgang Terrorism Omnibus
18		Prevention Act.
19		(11) If the court determines that the offense was committed
20		in furtherance of the criminal activities of an organized gang,
21		as provided in subsection (10), and that the offense involved
22		the operation or use of a motor vehicle or the use of a
23		driver's license or permit, the court shall notify the
24		Secretary of State of that determination and of the period for
25		which the minor shall be denied driving privileges. If, at the
26		time of the determination, the minor does not hold a driver's

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1		license or permit, the court shall provide that the minor shall
2		not be issued a driver's license or permit until his or her
3		18th birthday. If the minor holds a driver's license or permit
4		at the time of the determination, the court shall provide that
5		the minor's driver's license or permit shall be revoked until
6		his or her 21st birthday, or until a later date or occurrence
7		determined by the court. If the minor holds a driver's license
8		at the time of the determination, the court may direct the
9		Secretary of State to issue the minor a judicial driving
10		permit, also known as a JDP. The JDP shall be subject to the
11		same terms as a JDP issued under Section 6-206.1 of the
12		Illinois Vehicle Code, except that the court may direct that
13		the JDP be effective immediately.
14		(12) If a minor is found to be guilty of a violation of
15		subsection (a-7) of Section 1 of the Prevention of Tobacco Use
16		by Minors Act, the court may, in its discretion, and upon
17		recommendation by the State's Attorney, order that minor and
18		his or her parents or legal guardian to attend a smoker's
19		education or youth diversion program as defined in that Act if
20		that program is available in the jurisdiction where the
21		offender resides. Attendance at a smoker's education or youth
22		diversion program shall be time-credited against any community
23		service time imposed for any first violation of subsection
24		(a-7) of Section 1 of that Act. In addition to any other
25		penalty that the court may impose for a violation of subsection
26		(a-7) of Section 1 of that Act, the court, upon request by the

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1		State's Attorney, may in its discretion require the offender to
2		remit a fee for his or her attendance at a smoker's education
3		or youth diversion program.
4		For purposes of this Section, "smoker's education program"
5		or "youth diversion program" includes, but is not limited to, a
6		seminar designed to educate a person on the physical and
7		psychological effects of smoking tobacco products and the
8		health consequences of smoking tobacco products that can be
9		conducted with a locality's youth diversion program.
10		In addition to any other penalty that the court may impose
11		under this subsection (12):
12		(a) If a minor violates subsection (a-7) of Section 1
13		of the Prevention of Tobacco Use by Minors Act, the court
14		may impose a sentence of 15 hours of community service or a
15		fine of $25 for a first violation.
16		(b) A second violation by a minor of subsection (a-7)
17		of Section 1 of that Act that occurs within 12 months after
18		the first violation is punishable by a fine of $50 and 25
19		hours of community service.
20		(c) A third or subsequent violation by a minor of
21		subsection (a-7) of Section 1 of that Act that occurs
22		within 12 months after the first violation is punishable by
23		a $100 fine and 30 hours of community service.
24		(d) Any second or subsequent violation not within the
25		12-month time period after the first violation is
26		punishable as provided for a first violation.

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1		(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;
2		99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, eff. 1-1-17;
3		revised 9-2-16.)
4		(705 ILCS 405/Art. V Pt. 7A heading)
5		PART 7A. JUVENILE ELECTRONIC MONITORING AND HOME DETENTION LAW
6		(Source: P.A. 96-293, eff. 1-1-10.)
7		(705 ILCS 405/5-7A-101)
8		Sec. 5-7A-101. Short title. This Part may be cited as the
9		Juvenile Electronic Monitoring and Home Detention Law.
10		(Source: P.A. 96-293, eff. 1-1-10.)
11		(705 ILCS 405/5-7A-110)
12		Sec. 5-7A-110. Application.
13		(a) Except as provided in subsection (d), a minor subject
14		to an adjudicatory hearing or adjudicated delinquent for an act
15		that if committed by an adult would be an excluded offense may
16		not be placed in an electronic monitoring or home detention
17		program, except upon order of the court upon good cause shown.
18		(b) A minor adjudicated delinquent for an act that if
19		committed by an adult would be a Class 1 felony, other than an
20		excluded offense, may be placed in an electronic monitoring or
21		home detention program.
22		(c) A minor adjudicated delinquent for an act that if
23		committed by an adult would be a Class X felony, other than an

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1		excluded offense, may be placed in an electronic monitoring or
2		home detention program, provided that the person was sentenced
3		on or after the effective date of this amendatory Act of the
4		96th General Assembly and provided that the court has not
5		prohibited the program for the minor in the sentencing order.
6		(d) Applications for electronic monitoring or home
7		detention may include the following:
8		(1) pre-adjudicatory detention;
9		(2) probation;
10		(3) furlough;
11		(4) post-trial incarceration; or
12		(5) any other disposition under this Article.
13		(Source: P.A. 96-293, eff. 1-1-10.)
14		(705 ILCS 405/5-7A-115)
15		Sec. 5-7A-115. Program description. The supervising
16		authority may promulgate rules that prescribe reasonable
17		guidelines under which an electronic monitoring and home
18		detention program shall operate. These rules shall include, but
19		not be limited, to, the following:
20		(A) The participant shall remain within the interior
21		premises or within the property boundaries of his or her
22		residence at all times during the hours designated by the
23		supervising authority. Such instances of approved absences
24		from the home may include, but are not limited to, the
25		following:

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1		(1) working or employment approved by the court or
2		traveling to or from approved employment;
3		(2) unemployed and seeking employment approved for
4		the participant by the court;
5		(3) undergoing medical, psychiatric, mental health
6		treatment, counseling, or other treatment programs
7		approved for the participant by the court;
8		(4) attending an educational institution or a
9		program approved for the participant by the court;
10		(5) attending a regularly scheduled religious
11		service at a place of worship;
12		(6) participating in community work release or
13		community service programs approved for the
14		participant by the supervising authority; or
15		(7) for another compelling reason consistent with
16		the public interest, as approved by the supervising
17		authority.
18		(B) The participant shall admit any person or agent
19		designated by the supervising authority into his or her
20		residence at any time for purposes of verifying the
21		participant's compliance with the conditions of his or her
22		detention.
23		(C) The participant shall make the necessary
24		arrangements to allow for any person or agent designated by
25		the supervising authority to visit the participant's place
26		of education or employment at any time, based upon the

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1		approval of the educational institution or employer or
2		both, for the purpose of verifying the participant's
3		compliance with the conditions of his or her detention.
4		(D) The participant shall acknowledge and participate
5		with the approved electronic monitoring device as
6		designated by the supervising authority at any time for the
7		purpose of verifying the participant's compliance with the
8		conditions of his or her detention.
9		(E) The participant shall maintain the following:
10		(1) a working telephone in the participant's home;
11		(2) a monitoring device in the participant's home,
12		or on the participant's person, or both; and
13		(3) a monitoring device in the participant's home
14		and on the participant's person in the absence of a
15		telephone.
16		(F) The participant shall obtain approval from the
17		supervising authority before the participant changes
18		residence or the schedule described in paragraph (A) of
19		this Section.
20		(G) The participant shall not commit another act that
21		if committed by an adult would constitute a crime during
22		the period of home detention ordered by the court.
23		(H) Notice to the participant that violation of the
24		order for home detention may subject the participant to an
25		adjudicatory hearing for escape as described in Section
26		5-7A-120.

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1		(I) The participant shall abide by other conditions as
2		set by the supervising authority.
3		(Source: P.A. 96-293, eff. 1-1-10; revised 10-25-16.)
4		(705 ILCS 405/5-7A-120)
5		Sec. 5-7A-120. Escape; failure to comply with a condition
6		of the juvenile electronic home monitoring or home detention
7		program. A minor charged with or adjudicated delinquent for an
8		act that, if committed by an adult, would constitute a felony
9		or misdemeanor, conditionally released from the supervising
10		authority through a juvenile electronic home monitoring or home
11		detention program, who knowingly violates a condition of the
12		juvenile electronic home monitoring or home detention program
13		shall be adjudicated a delinquent minor for such act and shall
14		be subject to an additional sentencing order under Section
15		5-710.
16		(Source: P.A. 96-293, eff. 1-1-10; 97-333, eff. 8-12-11.)
17		(705 ILCS 405/5-7A-125)
18		Sec. 5-7A-125. Consent of the participant. Before entering
19		an order for commitment for juvenile electronic monitoring home
20		detention, the supervising authority shall inform the
21		participant and other persons residing in the home of the
22		nature and extent of the approved electronic monitoring devices
23		by doing the following:
24		(A) Securing the written consent of the participant in

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1		the program to comply with the rules and regulations of the
2		program as stipulated in paragraphs (A) through (I) of
3		Section 5-7A-115.
4		(B) Where possible, securing the written consent of
5		other persons residing in the home of the participant,
6		including the parent or legal guardian of the minor and of
7		the person in whose name the telephone is registered, at
8		the time of the order for or commitment for electronic
9		monitoring home detention is entered and acknowledge the
10		nature and extent of approved electronic monitoring
11		devices.
12		(C) Ensure that the approved electronic devices are
13		minimally intrusive upon the privacy of the participant and
14		other persons residing in the home while remaining in
15		compliance with paragraphs (B) through (D) of Section
16		5-7A-115.
17		(Source: P.A. 96-293, eff. 1-1-10; 97-333, eff. 8-12-11.)
18		Section 5. The Juvenile Drug Court Treatment Act is amended
19		by adding Section 40 as follows:
20		(705 ILCS 410/40 new)
21		Sec. 40. Electronic monitoring. The drug court program may
22		also, subject to the approval of the Chief Judge of the
23		Circuit, establish a program for electronic monitoring of
24		juveniles subject to the jurisdiction of the juvenile drug

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1		court program as a less restrictive alternative to detention,
2		consistent with any available evidence-based risk assessment
3		or substance abuse treatment eligibility screening.
4		Section 10. The Criminal Code of 2012 is amended by
5		changing Section 11-9.2 as follows:
6		(720 ILCS 5/11-9.2)
7		Sec. 11-9.2. Custodial sexual misconduct.
8		(a) A person commits custodial sexual misconduct when: (1)
9		he or she is an employee of a penal system and engages in
10		sexual conduct or sexual penetration with a person who is in
11		the custody of that penal system or (2) he or she is an
12		employee of a treatment and detention facility and engages in
13		sexual conduct or sexual penetration with a person who is in
14		the custody of that treatment and detention facility.
15		(b) A probation or supervising officer, surveillance
16		agent, or aftercare specialist commits custodial sexual
17		misconduct when the probation or supervising officer,
18		surveillance agent, or aftercare specialist engages in sexual
19		conduct or sexual penetration with a probationer, parolee, or
20		releasee or person serving a term of conditional release who is
21		under the supervisory, disciplinary, or custodial authority of
22		the officer or agent or employee so engaging in the sexual
23		conduct or sexual penetration.
24		(c) Custodial sexual misconduct is a Class 3 felony.

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1		(d) Any person convicted of violating this Section
2		immediately shall forfeit his or her employment with a penal
3		system, treatment and detention facility, or conditional
4		release program.
5		(e) For purposes of this Section, the consent of the
6		probationer, parolee, releasee, or inmate in custody of the
7		penal system or person detained or civilly committed under the
8		Sexually Violent Persons Commitment Act shall not be a defense
9		to a prosecution under this Section. A person is deemed
10		incapable of consent, for purposes of this Section, when he or
11		she is a probationer, parolee, releasee, or inmate in custody
12		of a penal system or person detained or civilly committed under
13		the Sexually Violent Persons Commitment Act.
14		(f) This Section does not apply to:
15		(1) Any employee, probation or supervising officer,
16		surveillance agent, or aftercare specialist who is
17		lawfully married to a person in custody if the marriage
18		occurred before the date of custody.
19		(2) Any employee, probation or supervising officer,
20		surveillance agent, or aftercare specialist who has no
21		knowledge, and would have no reason to believe, that the
22		person with whom he or she engaged in custodial sexual
23		misconduct was a person in custody.
24		(g) In this Section:
25		(0.5) "Aftercare specialist" means any person employed
26		by the Department of Juvenile Justice to supervise and

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1		facilitate services for persons placed on aftercare
2		release.
3		(1) "Custody" means:
4		(i) pretrial incarceration or detention;
5		(ii) incarceration or detention under a sentence
6		or commitment to a State or local penal institution;
7		(iii) parole, aftercare release, or mandatory
8		supervised release;
9		(iv) electronic monitoring or home detention;
10		(v) probation;
11		(vi) detention or civil commitment either in
12		secure care or in the community under the Sexually
13		Violent Persons Commitment Act.
14		(2) "Penal system" means any system which includes
15		institutions as defined in Section 2-14 of this Code or a
16		county shelter care or detention home established under
17		Section 1 of the County Shelter Care and Detention Home
18		Act.
19		(2.1) "Treatment and detention facility" means any
20		Department of Human Services facility established for the
21		detention or civil commitment of persons under the Sexually
22		Violent Persons Commitment Act.
23		(2.2) "Conditional release" means a program of
24		treatment and services, vocational services, and alcohol
25		or other drug abuse treatment provided to any person
26		civilly committed and conditionally released to the

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1		community under the Sexually Violent Persons Commitment
2		Act;
3		(3) "Employee" means:
4		(i) an employee of any governmental agency of this
5		State or any county or municipal corporation that has
6		by statute, ordinance, or court order the
7		responsibility for the care, control, or supervision
8		of pretrial or sentenced persons in a penal system or
9		persons detained or civilly committed under the
10		Sexually Violent Persons Commitment Act;
11		(ii) a contractual employee of a penal system as
12		defined in paragraph (g)(2) of this Section who works
13		in a penal institution as defined in Section 2-14 of
14		this Code;
15		(iii) a contractual employee of a "treatment and
16		detention facility" as defined in paragraph (g)(2.1)
17		of this Code or a contractual employee of the
18		Department of Human Services who provides supervision
19		of persons serving a term of conditional release as
20		defined in paragraph (g)(2.2) of this Code.
21		(4) "Sexual conduct" or "sexual penetration" means any
22		act of sexual conduct or sexual penetration as defined in
23		Section 11-0.1 of this Code.
24		(5) "Probation officer" means any person employed in a
25		probation or court services department as defined in
26		Section 9b of the Probation and Probation Officers Act.

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1		(6) "Supervising officer" means any person employed to
2		supervise persons placed on parole or mandatory supervised
3		release with the duties described in Section 3-14-2 of the
4		Unified Code of Corrections.
5		(7) "Surveillance agent" means any person employed or
6		contracted to supervise persons placed on conditional
7		release in the community under the Sexually Violent Persons
8		Commitment Act.
9		(Source: P.A. 98-558, eff. 1-1-14.)
10		Section 15. The Unified Code of Corrections is amended by
11		changing Sections 5-1-10, 5-4.5-20, 5-4.5-25, 5-4.5-30,
12		5-4.5-35, 5-4.5-40, 5-4.5-45, 5-4.5-55, 5-4.5-60, 5-4.5-65,
13		5-8-1, 5-8A-3, 5-8A-4.1, 5-8A-5, and 5-8A-6 as follows:
14		(730 ILCS 5/5-1-10) (from Ch. 38, par. 1005-1-10)
15		Sec. 5-1-10. Imprisonment. "Imprisonment" means
16		incarceration in a correctional institution under a sentence of
17		imprisonment and does not include "periodic imprisonment"
18		under Article 7. "Imprisonment" also includes electronic
19		monitoring or home detention served by an offender after (i)
20		the offender has been committed to the custody of the sheriff
21		to serve the sentence and (ii) the sheriff has placed the
22		offender in an electronic monitoring or home detention program
23		in accordance with Article 8A of Chapter V of this Code.
24		(Source: P.A. 98-161, eff. 1-1-14.)

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1		(730 ILCS 5/5-4.5-20)
2		Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
3		degree murder:
4		(a) TERM. The defendant shall be sentenced to imprisonment
5		or, if appropriate, death under Section 9-1 of the Criminal
6		Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
7		Imprisonment shall be for a determinate term of (1) not less
8		than 20 years and not more than 60 years; (2) not less than 60
9		years and not more than 100 years when an extended term is
10		imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural
11		life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).
12		(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
13		shall not be imposed.
14		(c) IMPACT INCARCERATION. The impact incarceration program
15		or the county impact incarceration program is not an authorized
16		disposition.
17		(d) PROBATION; CONDITIONAL DISCHARGE. A period of
18		probation or conditional discharge shall not be imposed.
19		(e) FINE. Fines may be imposed as provided in Section
20		5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
21		(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
22		concerning restitution.
23		(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
24		be concurrent or consecutive as provided in Section 5-8-4 (730
25		ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

SB1399 Enrolled - 26 - LRB100 10078 SLF 20250 b
1		(h) DRUG COURT. Drug court is not an authorized
2		disposition.
3		(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
4		ILCS 5/5-4.5-100) concerning no credit for time spent in home
5		detention prior to judgment.
6		(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
7		for rules and regulations for sentence credit.
8		(k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic
9		monitoring and home detention are not authorized dispositions
10		is not an authorized disposition, except in limited
11		circumstances as provided in Section 5-8A-3 (730 ILCS
12		5/5-8A-3).
13		(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
14		provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
15		mandatory supervised release term shall be 3 years upon release
16		from imprisonment.
17		(Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
18		(730 ILCS 5/5-4.5-25)
19		Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
20		felony:
21		(a) TERM. The sentence of imprisonment shall be a
22		determinate sentence of not less than 6 years and not more than
23		30 years. The sentence of imprisonment for an extended term
24		Class X felony, as provided in Section 5-8-2 (730 ILCS
25		5/5-8-2), shall be not less than 30 years and not more than 60

SB1399 Enrolled - 27 - LRB100 10078 SLF 20250 b
1		years.
2		(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
3		shall not be imposed.
4		(c) IMPACT INCARCERATION. The impact incarceration program
5		or the county impact incarceration program is not an authorized
6		disposition.
7		(d) PROBATION; CONDITIONAL DISCHARGE. A period of
8		probation or conditional discharge shall not be imposed.
9		(e) FINE. Fines may be imposed as provided in Section
10		5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
11		(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
12		concerning restitution.
13		(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
14		be concurrent or consecutive as provided in Section 5-8-4 (730
15		ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
16		(h) DRUG COURT. See Section 20 of the Drug Court Treatment
17		Act (730 ILCS 166/20) concerning eligibility for a drug court
18		program.
19		(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
20		ILCS 5/5-4.5-100) concerning no credit for time spent in home
21		detention prior to judgment.
22		(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
23		for rules and regulations for sentence credit.
24		(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
25		5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
26		electronic monitoring and home detention.

SB1399 Enrolled - 28 - LRB100 10078 SLF 20250 b
1		(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
2		provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
3		5/5-8-1), the parole or mandatory supervised release term shall
4		be 3 years upon release from imprisonment.
5		(Source: P.A. 97-697, eff. 6-22-12.)
6		(730 ILCS 5/5-4.5-30)
7		Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
8		felony:
9		(a) TERM. The sentence of imprisonment, other than for
10		second degree murder, shall be a determinate sentence of not
11		less than 4 years and not more than 15 years. The sentence of
12		imprisonment for second degree murder shall be a determinate
13		sentence of not less than 4 years and not more than 20 years.
14		The sentence of imprisonment for an extended term Class 1
15		felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall
16		be a term not less than 15 years and not more than 30 years.
17		(b) PERIODIC IMPRISONMENT. A sentence of periodic
18		imprisonment shall be for a definite term of from 3 to 4 years,
19		except as otherwise provided in Section 5-5-3 or 5-7-1 (730
20		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
23		the impact incarceration program or the county impact
24		incarceration program.
25		(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided

SB1399 Enrolled - 29 - LRB100 10078 SLF 20250 b
1		in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
2		period of probation or conditional discharge shall not exceed 4
3		years. The court shall specify the conditions of probation or
4		conditional discharge as set forth in Section 5-6-3 (730 ILCS
5		5/5-6-3). In no case shall an offender be eligible for a
6		disposition of probation or conditional discharge for a Class 1
7		felony committed while he or she was serving a term of
8		probation or conditional discharge for a felony.
9		(e) FINE. Fines may be imposed as provided in Section
10		5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
11		(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
12		concerning restitution.
13		(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
14		be concurrent or consecutive as provided in Section 5-8-4 (730
15		ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
16		(h) DRUG COURT. See Section 20 of the Drug Court Treatment
17		Act (730 ILCS 166/20) concerning eligibility for a drug court
18		program.
19		(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
20		ILCS 5/5-4.5-100) concerning credit for time spent in home
21		detention prior to judgment.
22		(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
23		ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
24		(730 ILCS 130/) for rules and regulations for sentence credit.
25		(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
26		5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for

SB1399 Enrolled - 30 - LRB100 10078 SLF 20250 b
1		electronic monitoring and home detention.
2		(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
3		provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
4		5/5-8-1), the parole or mandatory supervised release term shall
5		be 2 years upon release from imprisonment.
6		(Source: P.A. 97-697, eff. 6-22-12.)
7		(730 ILCS 5/5-4.5-35)
8		Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2
9		felony:
10		(a) TERM. The sentence of imprisonment shall be a
11		determinate sentence of not less than 3 years and not more than
12		7 years. The sentence of imprisonment for an extended term
13		Class 2 felony, as provided in Section 5-8-2 (730 ILCS
14		5/5-8-2), shall be a term not less than 7 years and not more
15		than 14 years.
16		(b) PERIODIC IMPRISONMENT. A sentence of periodic
17		imprisonment shall be for a definite term of from 18 to 30
18		months, except as otherwise provided in Section 5-5-3 or 5-7-1
19		(730 ILCS 5/5-5-3 or 5/5-7-1).
20		(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
21		(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
22		the impact incarceration program or the county impact
23		incarceration program.
24		(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
25		in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the

SB1399 Enrolled - 31 - LRB100 10078 SLF 20250 b
1		period of probation or conditional discharge shall not exceed 4
2		years. The court shall specify the conditions of probation or
3		conditional discharge as set forth in Section 5-6-3 (730 ILCS
4		5/5-6-3).
5		(e) FINE. Fines may be imposed as provided in Section
6		5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
7		(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
8		concerning restitution.
9		(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
10		be concurrent or consecutive as provided in Section 5-8-4 (730
11		ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
12		(h) DRUG COURT. See Section 20 of the Drug Court Treatment
13		Act (730 ILCS 166/20) concerning eligibility for a drug court
14		program.
15		(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
16		ILCS 5/5-4.5-100) concerning credit for time spent in home
17		detention prior to judgment.
18		(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
19		ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
20		(730 ILCS 130/) for rules and regulations for sentence credit.
21		(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
22		5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
23		electronic monitoring and home detention.
24		(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
25		provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
26		5/5-8-1), the parole or mandatory supervised release term shall

SB1399 Enrolled - 32 - LRB100 10078 SLF 20250 b
1		be 2 years upon release from imprisonment.
2		(Source: P.A. 97-697, eff. 6-22-12.)
3		(730 ILCS 5/5-4.5-40)
4		Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3
5		felony:
6		(a) TERM. The sentence of imprisonment shall be a
7		determinate sentence of not less than 2 years and not more than
8		5 years. The sentence of imprisonment for an extended term
9		Class 3 felony, as provided in Section 5-8-2 (730 ILCS
10		5/5-8-2), shall be a term not less than 5 years and not more
11		than 10 years.
12		(b) PERIODIC IMPRISONMENT. A sentence of periodic
13		imprisonment shall be for a definite term of up to 18 months,
14		except as otherwise provided in Section 5-5-3 or 5-7-1 (730
15		ILCS 5/5-5-3 or 5/5-7-1).
16		(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
17		(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
18		the impact incarceration program or the county impact
19		incarceration program.
20		(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
21		in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
22		period of probation or conditional discharge shall not exceed
23		30 months. The court shall specify the conditions of probation
24		or conditional discharge as set forth in Section 5-6-3 (730
25		ILCS 5/5-6-3).

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1		(e) FINE. Fines may be imposed as provided in Section
2		5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
3		(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
4		concerning restitution.
5		(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
6		be concurrent or consecutive as provided in Section 5-8-4 (730
7		ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
8		(h) DRUG COURT. See Section 20 of the Drug Court Treatment
9		Act (730 ILCS 166/20) concerning eligibility for a drug court
10		program.
11		(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
12		ILCS 5/5-4.5-100) concerning credit for time spent in home
13		detention prior to judgment.
14		(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
15		ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
16		(730 ILCS 130/) for rules and regulations for sentence credit.
17		(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
18		5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
19		electronic monitoring and home detention.
20		(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
21		provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
22		5/5-8-1), the parole or mandatory supervised release term shall
23		be one year upon release from imprisonment.
24		(Source: P.A. 97-697, eff. 6-22-12.)
25		(730 ILCS 5/5-4.5-45)

SB1399 Enrolled - 34 - LRB100 10078 SLF 20250 b
1		Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4
2		felony:
3		(a) TERM. The sentence of imprisonment shall be a
4		determinate sentence of not less than one year and not more
5		than 3 years. The sentence of imprisonment for an extended term
6		Class 4 felony, as provided in Section 5-8-2 (730 ILCS
7		5/5-8-2), shall be a term not less than 3 years and not more
8		than 6 years.
9		(b) PERIODIC IMPRISONMENT. A sentence of periodic
10		imprisonment shall be for a definite term of up to 18 months,
11		except as otherwise provided in Section 5-5-3 or 5-7-1 (730
12		ILCS 5/5-5-3 or 5/5-7-1).
13		(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
14		(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
15		the impact incarceration program or the county impact
16		incarceration program.
17		(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
18		in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
19		period of probation or conditional discharge shall not exceed
20		30 months. The court shall specify the conditions of probation
21		or conditional discharge as set forth in Section 5-6-3 (730
22		ILCS 5/5-6-3).
23		(e) FINE. Fines may be imposed as provided in Section
24		5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
25		(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
26		concerning restitution.

SB1399 Enrolled - 35 - LRB100 10078 SLF 20250 b
1		(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
2		be concurrent or consecutive as provided in Section 5-8-4 (730
3		ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
4		(h) DRUG COURT. See Section 20 of the Drug Court Treatment
5		Act (730 ILCS 166/20) concerning eligibility for a drug court
6		program.
7		(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
8		ILCS 5/5-4.5-100) concerning credit for time spent in home
9		detention prior to judgment.
10		(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
11		ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
12		(730 ILCS 130/) for rules and regulations for sentence credit.
13		(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
14		5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
15		electronic monitoring and home detention.
16		(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
17		provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
18		5/5-8-1), the parole or mandatory supervised release term shall
19		be one year upon release from imprisonment.
20		(Source: P.A. 97-697, eff. 6-22-12.)
21		(730 ILCS 5/5-4.5-55)
22		Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class
23		A misdemeanor:
24		(a) TERM. The sentence of imprisonment shall be a
25		determinate sentence of less than one year.

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1		(b) PERIODIC IMPRISONMENT. A sentence of periodic
2		imprisonment shall be for a definite term of less than one
3		year, except as otherwise provided in Section 5-5-3 or 5-7-1
4		(730 ILCS 5/5-5-3 or 5/5-7-1).
5		(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
6		5/5-8-1.2) concerning eligibility for the county impact
7		incarceration program.
8		(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
9		in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
10		period of probation or conditional discharge shall not exceed 2
11		years. The court shall specify the conditions of probation or
12		conditional discharge as set forth in Section 5-6-3 (730 ILCS
13		5/5-6-3).
14		(e) FINE. A fine not to exceed $2,500 for each offense or
15		the amount specified in the offense, whichever is greater, may
16		be imposed. A fine may be imposed in addition to a sentence of
17		conditional discharge, probation, periodic imprisonment, or
18		imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
19		Art. 9) for imposition of additional amounts and determination
20		of amounts and payment.
21		(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
22		concerning restitution.
23		(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
24		be concurrent or consecutive as provided in Section 5-8-4 (730
25		ILCS 5/5-8-4).
26		(h) DRUG COURT. See Section 20 of the Drug Court Treatment

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1		Act (730 ILCS 166/20) concerning eligibility for a drug court
2		program.
3		(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
4		ILCS 5/5-4.5-100) concerning credit for time spent in home
5		detention prior to judgment.
6		(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
7		Behavior Allowance Act (730 ILCS 130/) for rules and
8		regulations for good behavior allowance.
9		(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
10		5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
11		electronic monitoring and home detention.
12		(Source: P.A. 97-697, eff. 6-22-12.)
13		(730 ILCS 5/5-4.5-60)
14		Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class
15		B misdemeanor:
16		(a) TERM. The sentence of imprisonment shall be a
17		determinate sentence of not more than 6 months.
18		(b) PERIODIC IMPRISONMENT. A sentence of periodic
19		imprisonment shall be for a definite term of up to 6 months or
20		as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
21		(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
22		5/5-8-1.2) concerning eligibility for the county impact
23		incarceration program.
24		(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
25		in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or

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1		conditional discharge shall not exceed 2 years. The court shall
2		specify the conditions of probation or conditional discharge as
3		set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
4		(e) FINE. A fine not to exceed $1,500 for each offense or
5		the amount specified in the offense, whichever is greater, may
6		be imposed. A fine may be imposed in addition to a sentence of
7		conditional discharge, probation, periodic imprisonment, or
8		imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
9		Art. 9) for imposition of additional amounts and determination
10		of amounts and payment.
11		(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
12		concerning restitution.
13		(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
14		be concurrent or consecutive as provided in Section 5-8-4 (730
15		ILCS 5/5-8-4).
16		(h) DRUG COURT. See Section 20 of the Drug Court Treatment
17		Act (730 ILCS 166/20) concerning eligibility for a drug court
18		program.
19		(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
20		ILCS 5/5-4.5-100) concerning credit for time spent in home
21		detention prior to judgment.
22		(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
23		Behavior Allowance Act (730 ILCS 130/) for rules and
24		regulations for good behavior allowance.
25		(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
26		5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for

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1		electronic monitoring and home detention.
2		(Source: P.A. 97-697, eff. 6-22-12.)
3		(730 ILCS 5/5-4.5-65)
4		Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class
5		C misdemeanor:
6		(a) TERM. The sentence of imprisonment shall be a
7		determinate sentence of not more than 30 days.
8		(b) PERIODIC IMPRISONMENT. A sentence of periodic
9		imprisonment shall be for a definite term of up to 30 days or
10		as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
11		(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
12		5/5-8-1.2) concerning eligibility for the county impact
13		incarceration program.
14		(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
15		in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
16		conditional discharge shall not exceed 2 years. The court shall
17		specify the conditions of probation or conditional discharge as
18		set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
19		(e) FINE. A fine not to exceed $1,500 for each offense or
20		the amount specified in the offense, whichever is greater, may
21		be imposed. A fine may be imposed in addition to a sentence of
22		conditional discharge, probation, periodic imprisonment, or
23		imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
24		Art. 9) for imposition of additional amounts and determination
25		of amounts and payment.

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1		(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
2		concerning restitution.
3		(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
4		be concurrent or consecutive as provided in Section 5-8-4 (730
5		ILCS 5/5-8-4).
6		(h) DRUG COURT. See Section 20 of the Drug Court Treatment
7		Act (730 ILCS 166/20) concerning eligibility for a drug court
8		program.
9		(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
10		ILCS 5/5-4.5-100) concerning credit for time spent in home
11		detention prior to judgment.
12		(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
13		Behavior Allowance Act (730 ILCS 130/) for rules and
14		regulations for good behavior allowance.
15		(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
16		5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
17		electronic monitoring and home detention.
18		(Source: P.A. 97-697, eff. 6-22-12.)
19		(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
20		Sec. 5-8-1. Natural life imprisonment; enhancements for
21		use of a firearm; mandatory supervised release terms.
22		(a) Except as otherwise provided in the statute defining
23		the offense or in Article 4.5 of Chapter V, a sentence of
24		imprisonment for a felony shall be a determinate sentence set
25		by the court under this Section, according to the following

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1		limitations:
2		(1) for first degree murder,
3		(a) (blank),
4		(b) if a trier of fact finds beyond a reasonable
5		doubt that the murder was accompanied by exceptionally
6		brutal or heinous behavior indicative of wanton
7		cruelty or, except as set forth in subsection (a)(1)(c)
8		of this Section, that any of the aggravating factors
9		listed in subsection (b) or (b-5) of Section 9-1 of the
10		Criminal Code of 1961 or the Criminal Code of 2012 are
11		present, the court may sentence the defendant, subject
12		to Section 5-4.5-105, to a term of natural life
13		imprisonment, or
14		(c) the court shall sentence the defendant to a
15		term of natural life imprisonment if the defendant, at
16		the time of the commission of the murder, had attained
17		the age of 18, and
18		(i) has previously been convicted of first
19		degree murder under any state or federal law, or
20		(ii) is found guilty of murdering more than one
21		victim, or
22		(iii) is found guilty of murdering a peace
23		officer, fireman, or emergency management worker
24		when the peace officer, fireman, or emergency
25		management worker was killed in the course of
26		performing his official duties, or to prevent the

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1		peace officer or fireman from performing his
2		official duties, or in retaliation for the peace
3		officer, fireman, or emergency management worker
4		from performing his official duties, and the
5		defendant knew or should have known that the
6		murdered individual was a peace officer, fireman,
7		or emergency management worker, or
8		(iv) is found guilty of murdering an employee
9		of an institution or facility of the Department of
10		Corrections, or any similar local correctional
11		agency, when the employee was killed in the course
12		of performing his official duties, or to prevent
13		the employee from performing his official duties,
14		or in retaliation for the employee performing his
15		official duties, or
16		(v) is found guilty of murdering an emergency
17		medical technician - ambulance, emergency medical
18		technician - intermediate, emergency medical
19		technician - paramedic, ambulance driver or other
20		medical assistance or first aid person while
21		employed by a municipality or other governmental
22		unit when the person was killed in the course of
23		performing official duties or to prevent the
24		person from performing official duties or in
25		retaliation for performing official duties and the
26		defendant knew or should have known that the

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1		murdered individual was an emergency medical
2		technician - ambulance, emergency medical
3		technician - intermediate, emergency medical
4		technician - paramedic, ambulance driver, or other
5		medical assistant or first aid personnel, or
6		(vi) (blank), or
7		(vii) is found guilty of first degree murder
8		and the murder was committed by reason of any
9		person's activity as a community policing
10		volunteer or to prevent any person from engaging in
11		activity as a community policing volunteer. For
12		the purpose of this Section, "community policing
13		volunteer" has the meaning ascribed to it in
14		Section 2-3.5 of the Criminal Code of 2012.
15		For purposes of clause (v), "emergency medical
16		technician - ambulance", "emergency medical technician -
17		intermediate", "emergency medical technician -
18		paramedic", have the meanings ascribed to them in the
19		Emergency Medical Services (EMS) Systems Act.
20		(d) (i) if the person committed the offense while
21		armed with a firearm, 15 years shall be added to
22		the term of imprisonment imposed by the court;
23		(ii) if, during the commission of the offense,
24		the person personally discharged a firearm, 20
25		years shall be added to the term of imprisonment
26		imposed by the court;

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1		(iii) if, during the commission of the
2		offense, the person personally discharged a
3		firearm that proximately caused great bodily harm,
4		permanent disability, permanent disfigurement, or
5		death to another person, 25 years or up to a term
6		of natural life shall be added to the term of
7		imprisonment imposed by the court.
8		(2) (blank);
9		(2.5) for a person who has attained the age of 18 years
10		at the time of the commission of the offense and who is
11		convicted under the circumstances described in subdivision
12		(b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
13		(b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
14		or paragraph (2) of subsection (d) of Section 12-14,
15		subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
16		of subsection (b) of Section 12-14.1, subdivision (b)(2) of
17		Section 11-1.40 or paragraph (2) of subsection (b) of
18		Section 12-14.1 of the Criminal Code of 1961 or the
19		Criminal Code of 2012, the sentence shall be a term of
20		natural life imprisonment.
21		(b) (Blank).
22		(c) (Blank).
23		(d) Subject to earlier termination under Section 3-3-8, the
24		parole or mandatory supervised release term shall be written as
25		part of the sentencing order and shall be as follows:
26		(1) for first degree murder or a Class X felony except

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1		for the offenses of predatory criminal sexual assault of a
2		child, aggravated criminal sexual assault, and criminal
3		sexual assault if committed on or after the effective date
4		of this amendatory Act of the 94th General Assembly and
5		except for the offense of aggravated child pornography
6		under Section 11-20.1B, 11-20.3, or 11-20.1 with
7		sentencing under subsection (c-5) of Section 11-20.1 of the
8		Criminal Code of 1961 or the Criminal Code of 2012, if
9		committed on or after January 1, 2009, 3 years;
10		(2) for a Class 1 felony or a Class 2 felony except for
11		the offense of criminal sexual assault if committed on or
12		after the effective date of this amendatory Act of the 94th
13		General Assembly and except for the offenses of manufacture
14		and dissemination of child pornography under clauses
15		(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
16		of 1961 or the Criminal Code of 2012, if committed on or
17		after January 1, 2009, 2 years;
18		(3) for a Class 3 felony or a Class 4 felony, 1 year;
19		(4) for defendants who commit the offense of predatory
20		criminal sexual assault of a child, aggravated criminal
21		sexual assault, or criminal sexual assault, on or after the
22		effective date of this amendatory Act of the 94th General
23		Assembly, or who commit the offense of aggravated child
24		pornography under Section 11-20.1B, 11-20.3, or 11-20.1
25		with sentencing under subsection (c-5) of Section 11-20.1
26		of the Criminal Code of 1961 or the Criminal Code of 2012,

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1		manufacture of child pornography, or dissemination of
2		child pornography after January 1, 2009, the term of
3		mandatory supervised release shall range from a minimum of
4		3 years to a maximum of the natural life of the defendant;
5		(5) if the victim is under 18 years of age, for a
6		second or subsequent offense of aggravated criminal sexual
7		abuse or felony criminal sexual abuse, 4 years, at least
8		the first 2 years of which the defendant shall serve in an
9		electronic monitoring or home detention program under
10		Article 8A of Chapter V of this Code;
11		(6) for a felony domestic battery, aggravated domestic
12		battery, stalking, aggravated stalking, and a felony
13		violation of an order of protection, 4 years.
14		(e) (Blank).
15		(f) (Blank).
16		(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17.)
17		(730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
18		Sec. 5-8A-3. Application.
19		(a) Except as provided in subsection (d), a person charged
20		with or convicted of an excluded offense may not be placed in
21		an electronic monitoring or home detention program, except for
22		bond pending trial or appeal or while on parole, aftercare
23		release, or mandatory supervised release.
24		(b) A person serving a sentence for a conviction of a Class
25		1 felony, other than an excluded offense, may be placed in an

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1		electronic monitoring or home detention program for a period
2		not to exceed the last 90 days of incarceration.
3		(c) A person serving a sentence for a conviction of a Class
4		X felony, other than an excluded offense, may be placed in an
5		electronic monitoring or home detention program for a period
6		not to exceed the last 90 days of incarceration, provided that
7		the person was sentenced on or after August 11, 1993 (the
8		effective date of Public Act 88-311) this amendatory Act of
9		1993 and provided that the court has not prohibited the program
10		for the person in the sentencing order.
11		(d) A person serving a sentence for conviction of an
12		offense other than for predatory criminal sexual assault of a
13		child, aggravated criminal sexual assault, criminal sexual
14		assault, aggravated criminal sexual abuse, or felony criminal
15		sexual abuse, may be placed in an electronic monitoring or home
16		detention program for a period not to exceed the last 12 months
17		of incarceration, provided that (i) the person is 55 years of
18		age or older; (ii) the person is serving a determinate
19		sentence; (iii) the person has served at least 25% of the
20		sentenced prison term; and (iv) placement in an electronic home
21		monitoring or home detention program is approved by the
22		Prisoner Review Board or the Department of Juvenile Justice.
23		(e) A person serving a sentence for conviction of a Class
24		2, 3, or 4 felony offense which is not an excluded offense may
25		be placed in an electronic monitoring or home detention program
26		pursuant to Department administrative directives.

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1		(f) Applications for electronic monitoring or home
2		detention may include the following:
3		(1) pretrial or pre-adjudicatory detention;
4		(2) probation;
5		(3) conditional discharge;
6		(4) periodic imprisonment;
7		(5) parole, aftercare release, or mandatory supervised
8		release;
9		(6) work release;
10		(7) furlough; or
11		(8) post-trial incarceration.
12		(g) A person convicted of an offense described in clause
13		(4) or (5) of subsection (d) of Section 5-8-1 of this Code
14		shall be placed in an electronic monitoring or home detention
15		program for at least the first 2 years of the person's
16		mandatory supervised release term.
17		(Source: P.A. 98-558, eff. 1-1-14; 98-756, eff. 7-16-14;
18		99-628, eff. 1-1-17; 99-797, eff. 8-12-16; revised 9-1-16.)
19		(730 ILCS 5/5-8A-4.1)
20		Sec. 5-8A-4.1. Escape; failure to comply with a condition
21		of the electronic monitoring or home detention program.
22		(a) A person charged with or convicted of a felony, or
23		charged with or adjudicated delinquent for an act which, if
24		committed by an adult, would constitute a felony, conditionally
25		released from the supervising authority through an electronic

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1		monitoring or home detention program, who knowingly violates a
2		condition of the electronic home monitoring or home detention
3		program is guilty of a Class 3 felony.
4		(b) A person charged with or convicted of a misdemeanor, or
5		charged with or adjudicated delinquent for an act which, if
6		committed by an adult, would constitute a misdemeanor,
7		conditionally released from the supervising authority through
8		an electronic monitoring or home detention program, who
9		knowingly violates a condition of the electronic monitoring or
10		home detention program is guilty of a Class B misdemeanor.
11		(c) A person who violates this Section while armed with a
12		dangerous weapon is guilty of a Class 1 felony.
13		(Source: P.A. 99-797, eff. 8-12-16.)
14		(730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
15		Sec. 5-8A-5. Consent of the participant. Before entering an
16		order for commitment for electronic monitoring, the
17		supervising authority shall inform the participant and other
18		persons residing in the home of the nature and extent of the
19		approved electronic monitoring devices by doing the following:
20		(A) Securing the written consent of the participant in
21		the program to comply with the rules and regulations of the
22		program as stipulated in subsections (A) through (I) of
23		Section 5-8A-4.
24		(B) Where possible, securing the written consent of
25		other persons residing in the home of the participant,

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1		including the person in whose name the telephone is
2		registered, at the time of the order for or commitment for
3		electronic monitoring home detention is entered and
4		acknowledge the nature and extent of approved electronic
5		monitoring devices.
6		(C) Ensure Insure that the approved electronic devices
7		be minimally intrusive upon the privacy of the participant
8		and other persons residing in the home while remaining in
9		compliance with subsections (B) through (D) of Section
10		5-8A-4.
11		(D) This Section does not apply to persons subject to
12		electronic monitoring Electronic Monitoring or home detention
13		as a term or condition of parole, aftercare release, or
14		mandatory supervised release under subsection (d) of Section
15		5-8-1 of this Code.
16		(Source: P.A. 98-558, eff. 1-1-14; 99-797, eff. 8-12-16;
17		revised 10-27-16.)
18		(730 ILCS 5/5-8A-6)
19		Sec. 5-8A-6. Electronic monitoring of certain sex
20		offenders. For a sexual predator subject to electronic home
21		monitoring under paragraph (7.7) of subsection (a) of Section
22		3-3-7, the Department of Corrections must use a system that
23		actively monitors and identifies the offender's current
24		location and timely reports or records the offender's presence
25		and that alerts the Department of the offender's presence

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1		within a prohibited area described in Section 11-9.3 of the
2		Criminal Code of 2012, in a court order, or as a condition of
3		the offender's parole, mandatory supervised release, or
4		extended mandatory supervised release and the offender's
5		departure from specified geographic limitations. To the extent
6		that he or she is able to do so, which the Department of
7		Corrections by rule shall determine, the offender must pay for
8		the cost of the electronic monitoring.
9		(Source: P.A. 99-797, eff. 8-12-16.)
10		Section 99. Effective date. This Act takes effect upon
11		becoming law.