Illinois State Rep. Margaret Croke Email to Sheriff’s Office With Draft Bills

Bills Drafts From: Margaret Croke To: Jason Hernandez (Sheriff) Cc: Jessica Lach Sent: January 4, 2022 8:31:56 PM CST Received: January 4, 2022 8:32:24 PM CST Attachments: LRB10223211RLC32373b(12.1).pdf, LRB10223210RLC32372b(6.1).pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hey Jason, I don't think I sent these over, apologies if this is duplicative. Two different draft bills that have not been filed. Best, Margaret -- Margaret Croke Illinois State Representative, 12th District C:

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 INTRODUCED ________________, BY SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-8A-2 from Ch. 38, par. 1005-8A-2 730 ILCS 5/5-8A-3 from Ch. 38, par. 1005-8A-3 Amends the Unified Code of Corrections. Provides that a person who has been convicted of first degree murder, attempted first degree murder, reckless homicide, being an armed habitual criminal, aggravated vehicular hijacking in which the defendant was armed with a firearm or other dangerous weapon, domestic battery, aggravated domestic battery, or any offense that requires the defendant to register as a sex offender under the Sex Offender Registration Act and has been placed in an electronic monitoring or home detention program may not have free unrestricted liberty during 7am to 7pm and shall have restrictions on his or her liberties such as curfews during that period in addition to 7pm to 7am. restrictions. Effective immediately. LRB102 23211 RLC 32373 b A BILL FOR *LRB10223211RLC32373b*

AN ACT concerning criminal law. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 5. The Unified Code of Corrections is amended by changing Sections 5-8A-2 and 5-8A-3 as follows: (730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2) Sec. 5-8A-2. Definitions. As used in this Article: (A) "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. An approved electronic monitoring device may record or transmit: oral or wire communications or an auditory sound; visual images; or information regarding the offender's activities while inside the offender's home. These devices are subject to the required consent as set forth in Section 5-8A-5 of this Article. An approved electronic monitoring device may be used to record a conversation between the participant and the monitoring device, or the participant and the person 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 LRB102 23211 RLC 32373 b

supervising the participant solely for the purpose of identification and not for the purpose of eavesdropping or conducting any other illegally intrusive monitoring. (A-10) "Department" means the Department of Corrections or the Department of Juvenile Justice. (A-20) "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. (B) "Excluded offenses" means first degree murder, escape, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, bringing or possessing a firearm, ammunition or explosive in a penal institution, any "Super-X" drug offense or calculated criminal drug conspiracy or streetgang criminal drug conspiracy, or any predecessor or successor offenses with the same or substantially the same elements, or any inchoate offenses relating to the foregoing offenses. (B-10) "GPS" means a device or system which utilizes the Global Positioning Satellite system for determining the location of a person, inmate or offender. (C) "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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 - 2 - LRB102 23211 RLC 32373 b

supervising authority. Confinement need not be 24 hours per day to qualify as home detention, and significant restrictions on liberty such as 7pm to 7am curfews shall qualify. Home confinement may or may not be accompanied by electronic monitoring, and electronic monitoring is not required for purposes of sentencing credit. This paragraph (C) is subject to the provisions of subsection (e-5) of Section 5-8A-3. (D) "Participant" means an inmate or offender placed into an electronic monitoring program. (E) "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. (F) "Super-X drug offense" means a violation of Section 401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D); Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B), (C), or (D) of the Illinois Controlled Substances Act. (G) "Wi-Fi" or "WiFi" means a device or system which utilizes a wireless local area network for determining the location of a person, inmate or offender. (Source: P.A. 101-652, eff. 7-1-21.) (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 3 - LRB102 23211 RLC 32373 b

Sec. 5-8A-3. Application. (a) Except as provided in subsection (d), a person charged with or convicted of an excluded offense may not be placed in an electronic monitoring or home detention program, except for bond pending trial or appeal or while on parole, aftercare release, or mandatory supervised release. (b) A person serving a sentence for a conviction of a Class 1 felony, other than an excluded offense, may be placed in an electronic monitoring or home detention program for a period not to exceed the last 90 days of incarceration. (c) A person serving a sentence for a conviction of a Class X felony, other than an excluded offense, may be placed in an electronic monitoring or home detention program for a period not to exceed the last 90 days of incarceration, provided that the person was sentenced on or after August 11, 1993 (the effective date of Public Act 88-311) and provided that the court has not prohibited the program for the person in the sentencing order. (d) A person serving a sentence for conviction of an offense other than for predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse, or felony criminal sexual abuse, may be placed in an electronic monitoring or home detention program for a period not to exceed the last 12 months of incarceration, provided that (i) the person is 55 years of age or older; (ii) the person is serving a determinate 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 - 4 - LRB102 23211 RLC 32373 b

sentence; (iii) the person has served at least 25% of the sentenced prison term; and (iv) placement in an electronic monitoring or home detention program is approved by the Prisoner Review Board or the Department of Juvenile Justice. (e) A person serving a sentence for conviction of a Class 2, 3, or 4 felony offense which is not an excluded offense may be placed in an electronic monitoring or home detention program pursuant to Department administrative directives. These directives shall encourage inmates to apply for electronic detention to incentivize positive behavior and program participation prior to and following their return to the community, consistent with Section 5-8A-4.2 of this Code. These directives shall not prohibit application solely for prior mandatory supervised release violation history, outstanding municipal warrants, current security classification, and prior criminal history, though these factors may be considered when reviewing individual applications in conjunction with additional factors, such as the applicant's institution behavior, program participation, and reentry plan. (e-5) A person who has been convicted of first degree murder, attempted first degree murder, reckless homicide, being an armed habitual criminal, aggravated vehicular hijacking under paragraph (3), (4), (5), or (6) of subsection (a) of Section 18-4 of the Criminal Code of 2012, domestic battery, aggravated domestic battery, or any offense that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 - 5 - LRB102 23211 RLC 32373 b

requires the defendant to register as a sex offender under the Sex Offender Registration Act and has been placed in an electronic monitoring or home detention program may not have free unrestricted liberty during 7am to 7pm and shall have restrictions on his or her liberties such as curfews during that period in addition to 7pm to 7am restrictions. (f) Applications for electronic monitoring or home detention may include the following: (1) pretrial or pre-adjudicatory detention; (2) probation; (3) conditional discharge; (4) periodic imprisonment; (5) parole, aftercare release, or mandatory supervised release; (6) work release; (7) furlough; or (8) post-trial incarceration. (g) A person convicted of an offense described in clause (4) or (5) of subsection (d) of Section 5-8-1 of this Code shall be placed in an electronic monitoring or home detention program for at least the first 2 years of the person's mandatory supervised release term. (Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17; 100-575, eff. 1-8-18.) Section 99. Effective date. This Act takes effect upon 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 - 6 - LRB102 23211 RLC 32373 b

1 becoming law. - 7 - LRB102 23211 RLC 32373 b

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 INTRODUCED ________________, BY SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-8A-2 from Ch. 38, par. 1005-8A-2 Amends the Unified Code of Corrections. Adds as "excluded offenses" attempted first degree murder, reckless homicide, aggravated vehicular hijacking in which the defendant was armed with a firearm or other dangerous weapon, being an armed habitual criminal, and any offense that requires the defendant to register as a sex offender under the Sex Offender Registration Act. Effective immediately. LRB102 23210 RLC 32372 b A BILL FOR *LRB10223210RLC32372b*

AN ACT concerning criminal law. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 5. The Unified Code of Corrections is amended by changing Section 5-8A-2 as follows: (730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2) Sec. 5-8A-2. Definitions. As used in this Article: (A) "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. An approved electronic monitoring device may record or transmit: oral or wire communications or an auditory sound; visual images; or information regarding the offender's activities while inside the offender's home. These devices are subject to the required consent as set forth in Section 5-8A-5 of this Article. An approved electronic monitoring device may be used to record a conversation between the participant and the monitoring device, or the participant and the person 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 LRB102 23210 RLC 32372 b

supervising the participant solely for the purpose of identification and not for the purpose of eavesdropping or conducting any other illegally intrusive monitoring. (A-10) "Department" means the Department of Corrections or the Department of Juvenile Justice. (A-20) "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. (B) "Excluded offenses" means first degree murder, attempted first degree murder, reckless homicide, aggravated vehicular hijacking under paragraph (3), (4), (5), or (6) of subsection (a) of Section 18-4 of the Criminal Code of 2012, being an armed habitual criminal, any offense that requires the defendant to register as a sex offender under the Sex Offender Registration Act, escape, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, bringing or possessing a firearm, ammunition or explosive in a penal institution, any "Super-X" drug offense or calculated criminal drug conspiracy or streetgang criminal drug conspiracy, or any predecessor or successor offenses with the same or substantially the same elements, or any inchoate offenses relating to the foregoing offenses. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 - 2 - LRB102 23210 RLC 32372 b

(B-10) "GPS" means a device or system which utilizes the Global Positioning Satellite system for determining the location of a person, inmate or offender. (C) "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. Confinement need not be 24 hours per day to qualify as home detention, and significant restrictions on liberty such as 7pm to 7am curfews shall qualify. Home confinement may or may not be accompanied by electronic monitoring, and electronic monitoring is not required for purposes of sentencing credit. (D) "Participant" means an inmate or offender placed into an electronic monitoring program. (E) "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. (F) "Super-X drug offense" means a violation of Section 401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D); Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B), (C), or (D) of the Illinois Controlled Substances Act. (G) "Wi-Fi" or "WiFi" means a device or system which 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 - 3 - LRB102 23210 RLC 32372 b

utilizes a wireless local area network for determining the location of a person, inmate or offender. (Source: P.A. 101-652, eff. 7-1-21.) Section 99. Effective date. This Act takes effect upon becoming law. 1 2 3 4 5 - 4 - LRB102 23210 RLC 32372 b