Illinois Compiled Statutes

730 ILCS 5/5-8A-4.1 (2026)

Escape

✓ current as of May 2026
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(730 ILCS 5/5-8A-4.1)
    Sec. 5-8A-4.1. Escape.
    (a) A person charged with a felony, or charged with an act which, if committed by an adult, would constitute a felony, conditionally released from the supervising authority through an electronic monitoring or home detention program, who knowingly escapes or leaves from the geographic boundaries of an electronic monitoring or home detention program with the intent to evade prosecution is guilty of a Class 3 felony.
    (b) A person charged with or convicted of a misdemeanor, or charged with an act which, if committed by an adult, would constitute a misdemeanor, conditionally released from the supervising authority through an electronic monitoring or home detention program, who knowingly escapes or leaves from the geographic boundaries of an electronic monitoring or home detention program with the intent to evade prosecution is guilty of a Class B misdemeanor.
    (c) A person who violates this Section while armed with a dangerous weapon is guilty of a Class 1 felony.
(Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.)

    
Notes of Decisions
Cited in 12 cases (11 in the last 5 years), 2012–2025 · leading case: People v. Rogers, 2012 IL App (1st) 102031 (Ill. App. Ct. 2012).
People v. Rogers, 2012 IL App (1st) 102031 (Ill. App. Ct. 2012). · cites it 4× “1 of the Unified Code of Corrections (730 ILCS 5/5-8A-4.1 (West 2008)), also known as the Electronic Home Detention Law.”
People v. Garcia, 2021 IL App (1st) 190026 (Ill. App. Ct. 2021). “1(a) of the Electronic Monitoring and Home Detention Law (730 ILCS 5/5-8A-4.1(a) (West 2016)). The indictment 1-19-0026 alleged that defendant knowingly violated conditions of the Cook County Sheriff’s EM program by being absent without leave from his home and removing his EM…”
People v. Rios, 2025 IL App (1st) 250950 (Ill. App. Ct. 2025). · cites it 3× “See 730 ILCS 5/5-8A-4.1 (West 2024). Rios was arrested on April 7, 2025, and appeared in court on April 8, 2025.”
People v. Duffie, 2022 IL App (2d) 210281 (Ill. App. Ct. 2022). “Duffie, was convicted of escape (730 ILCS 5/5-8A-4.1(a) (West 2020)) based on evidence that he violated the terms of his pretrial release in the underlying prosecution, case No.”
People v. Jones, 2024 IL App (2d) 230546-U (Ill. App. Ct. 2024). “¶3 On November 28, 2023, the State charged defendant with escape or violating an electronic home monitoring (EHM) detention program (730 ILCS 5/5-8A-4.1(a) (West 2022)), a class 3 felony, as well as criminal damage to government property (damage not exceeding $500) (720 ILCS…”
People v. Gonzalez, 2024 IL App (2d) 230593-U (Ill. App. Ct. 2024). “730 ILCS 5/5-8A-4.1(a) (West 2022). ¶ 21 The State’s proffer related that defendant was on pretrial release in case No.”
People v. Long, 2022 IL App (4th) 220230-U (Ill. App. Ct. 2022). · cites it 2× “5-45(a) (West 2020); 730 ILCS 5/5-8A-4.1(a) (West 2020). ¶ 24 B.”
People v. Long, 2024 IL App (4th) 230528-U (Ill. App. Ct. 2024). · cites it 4× “1 (730 ILCS 5/5-8A-4.1 (West 2020)). The jury - 14 - cannot be faulted if its common understanding differed from a specialized meaning ascribed to those terms in a statute or judicial decision about which it was never instructed.”
People v. Ndiwe, 2024 IL App (1st) 230251-U (Ill. App. Ct. 2024). · cites it 3× “1-23-0251 ¶3 Defendant was charged by indictment with one count of escape for failure to comply with a condition of the electronic home monitoring detention program (730 ILCS 5/5-8A-4.1(a) (West 2018)) for allegedly being absent without leave from the residence designated in his…”
People v. Arias, 2023 IL App (2d) 220252-U (Ill. App. Ct. 2023). “19-CF- 2023 IL App (2d) 220252-U 307, he pleaded guilty to escape, a Class 3 felony (730 ILCS 5/5-8A-4.1(a) (West 2018)). In case No.”
People v. Duffie, 2023 IL App (2d) 210281-B (Ill. App. Ct. 2023). “Duffie, was convicted of escape (730 ILCS 5/5-8A-4.1(a) (West 2020)). Evidence at trial showed that defendant violated the terms of his pretrial release in case No.”
People v. Gordan, 2024 IL App (1st) 240808-U (Ill. App. Ct. 2024). “While Gordan was on pretrial release, the State charged him with the felony of escape (730 ILCS 5/5-8A-4.1(a) (West 2022)) and petitioned to revoke his pretrial release.”
— 730 ILCS 5/5-8A-4.1(A) — 1 case
People v. Long, 2024 IL App (4th) 230528-U (Ill. App. Ct. 2024). “1 (730 ILCS 5/5-8A-4.1 (West 2020)). The jury - 14 - cannot be faulted if its common understanding differed from a specialized meaning ascribed to those terms in a statute or judicial decision about which it was never instructed.”
— 730 ILCS 5/5-8A-4.1(a) — 11 cases
People v. Garcia, 2021 IL App (1st) 190026 (Ill. App. Ct. 2021). “1(a) of the Electronic Monitoring and Home Detention Law (730 ILCS 5/5-8A-4.1(a) (West 2016)). The indictment 1-19-0026 alleged that defendant knowingly violated conditions of the Cook County Sheriff’s EM program by being absent without leave from his home and removing his EM…”
People v. Rios, 2025 IL App (1st) 250950 (Ill. App. Ct. 2025). “See 730 ILCS 5/5-8A-4.1 (West 2024). Rios was arrested on April 7, 2025, and appeared in court on April 8, 2025.”
People v. Duffie, 2022 IL App (2d) 210281 (Ill. App. Ct. 2022). “Duffie, was convicted of escape (730 ILCS 5/5-8A-4.1(a) (West 2020)) based on evidence that he violated the terms of his pretrial release in the underlying prosecution, case No.”
People v. Jones, 2024 IL App (2d) 230546-U (Ill. App. Ct. 2024). “¶3 On November 28, 2023, the State charged defendant with escape or violating an electronic home monitoring (EHM) detention program (730 ILCS 5/5-8A-4.1(a) (West 2022)), a class 3 felony, as well as criminal damage to government property (damage not exceeding $500) (720 ILCS…”
People v. Gonzalez, 2024 IL App (2d) 230593-U (Ill. App. Ct. 2024). “730 ILCS 5/5-8A-4.1(a) (West 2022). ¶ 21 The State’s proffer related that defendant was on pretrial release in case No.”
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