Judiciary II - Criminal Law Committee
Filed: 2/16/2006
 
 

 




 

 		












09400HB4446ham001

LRB094 17024 RLC 55989 a






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AMENDMENT TO HOUSE BILL 4446




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    AMENDMENT NO. ______. Amend House Bill 4446 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Unified Code of Corrections is amended  by 
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adding Section 3-14-4.5 as follows:
 
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    (730 ILCS 5/3-14-4.5  new)
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    Sec. 3-14-4.5. Private half-way houses.
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    (a) Any person or entity other than the Department of 
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Corrections who intends to establish a half-way house for the 
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residence of persons on parole or mandatory release from the 
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Department of Corrections shall, as a prerequisite to 
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establishing the half-way house, obtain the signature from 
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every resident at least 18 years of age who resides within 250 
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feet of the ingress and egress of the proposed half-way house 
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on a form indicating the location of the proposed half-way 
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house and acknowledging their consent to the establishment of 
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the half-way house at the stated location.  This completed form 
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shall be filed with the State's Attorney and the sheriff of the 
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county and the proper law enforcement agency of the 
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municipality in which the half-way house is located.
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    (b) Establishing or maintaining a half-way house, other 
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than by the Department of Corrections, without complying with 
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this Section is a Class A misdemeanor.
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    (c) This Section does not apply to half-way houses in 
 


 






09400HB4446ham001
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LRB094 17024 RLC 55989 a




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operation on the effective date of this amendatory Act of the 
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94th General Assembly.
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    (d) Not less than 15 days prior to the placement of a 
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person in such a half-way house, the half-way house shall give 
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written notice to the State's Attorney and the sheriff of the 
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county and the proper law enforcement agency of the 
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municipality in which the half-way house is located of the 
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identity of the person to be placed in that program. This 
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identifying information shall include, but is not limited to, 
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the name of the individual, age, physical description, 
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photograph, and the crime for which the person was originally 
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sentenced to the Department of Corrections. The notice shall be 
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given in all cases.
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    (e) Failure to comply with the notification requirements of 
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subsection (d) of this Section is  a petty offense for which a 
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$1,000 fine shall be imposed for each offense.
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    (f) Any half-way house, other than one established by the 
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Department of Corrections, that fails to comply with local 
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zoning ordinances is guilty of a petty offense and shall be 
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fined $1,000 for every week it is in violation, in addition to 
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any other locally imposed fines.".