730 ILCS 5/5-8A-3 – Electronic Monitoring and Home Detention

730 ILCS 5/5-8A-3 – Electronic Monitoring and Home Detention

This law explains when and how people in jail or prison can serve part of their sentence at home with an electronic monitor.

This Illinois law sets rules for when inmates can be placed on electronic monitoring or home detention instead of being kept inside a prison. It depends on the type of crime, the person’s age, how much of the sentence they’ve served, and approval from certain authorities.

(a) People charged with or convicted of serious crimes that are “excluded offenses” cannot be placed on electronic monitoring or home detention, unless it is while waiting for trial or appeal, or while on parole, aftercare release, or mandatory supervised release.

(b) Someone serving time for a Class 1 felony (that is not excluded) may get electronic monitoring or home detention for up to the last 90 days of their prison time.

(c) Someone serving time for a Class X felony (that is not excluded) may also get electronic monitoring or home detention for up to the last 90 days of their sentence, but only if they were sentenced on or after August 11, 1993, and the judge did not forbid it in the sentencing order.

(d) People 55 or older convicted of crimes that are not certain sexual offenses (like criminal sexual assault or abuse) may serve up to the last 12 months of their sentence on electronic monitoring or home detention if all these are true:

1. They are 55 years of age or older.
2. They have a determinate (fixed) sentence.
3. They have already served at least 25% of their total sentence.
4. The Prisoner Review Board or Department of Juvenile Justice approves the placement.

(e) People serving time for Class 2, 3, or 4 felonies (not excluded offenses) may be allowed into electronic monitoring or home detention according to rules set by the Department. These rules should encourage inmates to apply and reward good behavior and program participation. Applications cannot be denied just because of past parole problems, local warrants, security level, or criminal history, though these can still be considered along with their behavior, participation, and reentry plan.

(f) Electronic monitoring or home detention can be used in several types of situations, including:

1. Before trial or while waiting for judgment (pretrial detention).
2. Probation.
3. Conditional discharge.
4. Periodic imprisonment.
5. Parole, aftercare release, or mandatory supervised release.
6. Work release.
7. Furlough (temporary leave).
8. After being found guilty and serving part of a sentence (post-trial incarceration).

(g) Anyone convicted of serious sex crimes must spend at least the first 2 years of their mandatory supervised release under electronic monitoring or home detention.

View the full statute here.

Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.