Defendants who are facing drug-related crimes in Illinois may be able to take advantage of recent changes in Illinois law. Illinois’ groundbreaking criminal justice reform law makes it easier for suspects to receive sentencing credit for probation, eases electronic monitoring restrictions, and makes it easier for those convicted with drug felonies to qualify for probation and alternative sentencing.
Changes Regarding Time in Custody
The new law makes it easier for the Department of Corrections to award suspects with a sentencing credit for certain types of probation. Specifically, the law clarifies the definition of home confinement for purposes of sentencing credit for time in custody. Now, “home detention” includes any restrictions on a person’s liberty, including curfews that restrict movement for 12 or more hours per day. Electronic monitoring that restricts movement or travel is also considered “home detention.”
The defendant does not have to be subject to electronic monitoring for his or her home detention to qualify as custodial to award a sentencing credit. The law also allows offenders to receive credit for the time they have spent in home detention when they are serving a prison term for an offense ineligible for probation.
Changes to Electronic Monitoring Restrictions
The new criminal reform law eases restrictions when it comes to the electronic monitoring of people who are on probation. It allows more leniency for those on electronic monitoring to leave their home to run errands. The law also makes it more difficult for prosecutors to bring criminal charges against defendants for violating their electronic parole.
Defendants serving probation at home are now allowed to leave their homes to purchase groceries, food, or other necessities. The law also requires anyone ordered to home confinement to be allowed an open movement spread out over at least two days per week, regardless of whether the person is electronically monitored. Now, a person must remain in violation of an electronic monitoring program for at least 48 hours before they will face criminal charges.
Eligibility for Probation Programs For Those With Felony Backgrounds
The new reform law requires that certain felonies that happened before the law was enacted should be considered Class A misdemeanors to qualify for probation programs. In other words, if the defendant was convicted of certain felony drug offenses, that charge will be considered as a lower-level Class A misdemeanor. Doing so may make the individual eligible for the following types of programs:
- Qualified probation
- Impact incarceration
- Other types of diversion, deflection, probation, or other programs for which a felony charge is a factor when determining eligibility
Contact a Chicago Criminal Defense Lawyer
At Glasgow & Olsson, our award-winning criminal defense lawyers have a proven track record of success in many high-profile state and federal criminal cases. If you have questions regarding new laws in Illinois, or skilled attorneys are here to help. Contact Glasgow & Olsson today to schedule your initial consultation to learn how our legal team can fight for your rights.