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Illinois General Assembly - Full Text of HB1174

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1174

Introduced 1/9/2025, by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-8A-4

from Ch. 38, par. 1005-8A-4

Amends the Unified Code of Corrections. Provides that the rules
promulgated by the supervising authority concerning electronic monitoring
and home detention shall provide that travel to and from approved
employment shall not be denied based solely on the transient or mobile
nature of the employment, provided that the participant gives the
supervising authority sufficient notice and the employer confirms the
exact routes or locations, or both, of employment at least 24 hours in
advance. Provides that travel to and from approved employment shall not be
denied solely for failure to provide the supervising authority with timely
notice, provided that the participant gives the supervising authority
sufficient notice at least 24 hours in advance of travel.
LRB104 04974 RLC 15001 b

A BILL FOR

HB1174
LRB104 04974 RLC 15001 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Unified Code of Corrections is amended by
5
changing Section 5-8A-4 as follows:

6

(730 ILCS 5/5-8A-4)

(from Ch. 38, par. 1005-8A-4)
7

Sec. 5-8A-4.
Program description.
The supervising
8
authority may promulgate rules that prescribe reasonable
9
guidelines under which an electronic monitoring and home
10
detention program shall operate. When using electronic
11
monitoring for home detention these rules may include, but not
12
be limited to, the following:
13

(A) The participant may be instructed to remain within
14

the interior premises or within the property boundaries of
15

his or her residence at all times during the hours
16

designated by the supervising authority. Such instances of
17

approved absences from the home shall include, but are not
18

limited to, the following:
19

(1) working or employment approved by the court or
20

traveling to or from approved employment
; travel to
21

and from approved employment shall not be denied based
22

solely on the transient or mobile nature of the
23

employment, provided that the participant gives the

HB1174
- 2 -
LRB104 04974 RLC 15001 b
1

supervising authority sufficient notice and the
2

employer confirms the exact routes or locations, or
3

both, of employment at least 24 hours in advance.
4

Travel to and from approved employment shall not
5

be denied solely for failure to provide the
6

supervising authority with timely notice, provided
7

that the participant gives the supervising authority
8

sufficient notice at least 24 hours in advance of
9

travel
;
10

(2) unemployed and seeking employment approved for
11

the participant by the court;
12

(3) undergoing medical, psychiatric, mental health
13

treatment, counseling, or other treatment programs
14

approved for the participant by the court;
15

(4) attending an educational institution or a
16

program approved for the participant by the court;
17

(5) attending a regularly scheduled religious
18

service at a place of worship;
19

(6) participating in community work release or
20

community service programs approved for the
21

participant by the supervising authority;
22

(7) for another compelling reason consistent with
23

the public interest, as approved by the supervising
24

authority; or
25

(8) purchasing groceries, food, or other basic
26

necessities.

HB1174
- 3 -
LRB104 04974 RLC 15001 b
1

(A-1) At a minimum, any person ordered to pretrial
2

home confinement with or without electronic monitoring
3

must be provided with movement spread out over no fewer
4

than two days per week, to participate in basic activities
5

such as those listed in paragraph (A). In this subdivision
6

(A-1), "days" means a reasonable time period during a
7

calendar day, as outlined by the court in the order
8

placing the person on home confinement.
9

(B) The participant shall admit any person or agent
10

designated by the supervising authority into his or her
11

residence at any time for purposes of verifying the
12

participant's compliance with the conditions of his or her
13

detention.
14

(C) The participant shall make the necessary
15

arrangements to allow for any person or agent designated
16

by the supervising authority to visit the participant's
17

place of education or employment at any time, based upon
18

the approval of the educational institution employer or
19

both, for the purpose of verifying the participant's
20

compliance with the conditions of his or her detention.
21

(D) The participant shall acknowledge and participate
22

with the approved electronic monitoring device as
23

designated by the supervising authority at any time for
24

the purpose of verifying the participant's compliance with
25

the conditions of his or her detention.
26

(E) The participant shall maintain the following:

HB1174
- 4 -
LRB104 04974 RLC 15001 b
1

(1) access to a working telephone;
2

(2) a monitoring device in the participant's home,
3

or on the participant's person, or both; and
4

(3) a monitoring device in the participant's home
5

and on the participant's person in the absence of a
6

telephone.
7

(F) The participant shall obtain approval from the
8

supervising authority before the participant changes
9

residence or the schedule described in subsection (A) of
10

this Section. Such approval shall not be unreasonably
11

withheld.
12

(G) The participant shall not commit another crime
13

during the period of home detention ordered by the Court.
14

(H) Notice to the participant that violation of the
15

order for home detention may subject the participant to
16

prosecution for the crime of escape as described in
17

Section 5-8A-4.1.
18

(I) The participant shall abide by other conditions as
19

set by the supervising authority.
20

The supervising authority shall adopt rules to immediately
21
remove all approved electronic monitoring devices of a
22
pregnant participant during labor and delivery.
23

This Section takes effect January 1, 2022.
24
(Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;
25
102-1104, eff. 12-6-22; 103-745, eff. 1-1-25
.)

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