CBA Record Oct. 2015

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CBA RECORD 45
it enacted those provisions. What’s more,
when the legislature added 730 ILCS 5/5-
8A-8 to the EHDL, it amended the defi-
nition of “imprisonment” in the Unified
Code of Corrections to state as follows:
“Imprisonment” means incarcera-
tion in a correctional institution
under a sentence of imprisonment
and does not include “periodic
imprisonment” under Article 7.
“Imprisonment” also includes elec-
tronic home detention served by an
offender after (i) the offender has
been committed to the custody of
the sheriff to serve the sentence and
(ii) the sheriff has placed the offender
in an electronic home detention pro-
gram in accordance with Article 8A
of Chapter V of this Code.
730 ILCS 5/5-1-10.
The combination of 730 ILCS 5/5-
1-10 and 730 ILCS 5/5-8A-8 means
that only the sheriff—not the court, the
probation department or any “supervis-
ing authority” other than the sheriff—has
discretion to place a defendant in EHM
in lieu of imprisonment. Although proba-
tion-administered EHMmight be viewed
as a sensible sentencing alternative in
view of the high volume of misdemeanor
recidivist 6-303 and DUI cases in Cook
County, that option must be created by
the legislature.
Judge Marc W. Martin serves in the Circuit
Court of Cook County’s 3rd Municipal
District
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