97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5511

 

Introduced 2/15/2012, by Rep. Emily McAsey

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-7-1  from Ch. 38, par. 1005-7-1

    Amends the Unified Code of Corrections. Provides that the court shall not impose a sentence of periodic imprisonment if it imposes a sentence of imprisonment upon the defendant and the court imposed sentence of periodic imprisonment in combination with the period of imprisonment would exceed the maximum sentence of periodic imprisonment for that offense permitted under the Code (rather than the court shall not impose a sentence of periodic imprisonment if it imposes a sentence of imprisonment upon the defendant in excess of 90 days). Effective immediately.


LRB097 17508 RLC 65340 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5511LRB097 17508 RLC 65340 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-7-1 as follows:
 
6    (730 ILCS 5/5-7-1)  (from Ch. 38, par. 1005-7-1)
7    Sec. 5-7-1. Sentence of Periodic Imprisonment.
8    (a) A sentence of periodic imprisonment is a sentence of
9imprisonment during which the committed person may be released
10for periods of time during the day or night or for periods of
11days, or both, or if convicted of a felony, other than first
12degree murder, a Class X or Class 1 felony, committed to any
13county, municipal, or regional correctional or detention
14institution or facility in this State for such periods of time
15as the court may direct. Unless the court orders otherwise, the
16particular times and conditions of release shall be determined
17by the Department of Corrections, the sheriff, or the
18Superintendent of the house of corrections, who is
19administering the program.
20    (b) A sentence of periodic imprisonment may be imposed to
21permit the defendant to:
22        (1) seek employment;
23        (2) work;

 

 

HB5511- 2 -LRB097 17508 RLC 65340 b

1        (3) conduct a business or other self-employed
2    occupation including housekeeping;
3        (4) attend to family needs;
4        (5) attend an educational institution, including
5    vocational education;
6        (6) obtain medical or psychological treatment;
7        (7) perform work duties at a county, municipal, or
8    regional correctional or detention institution or
9    facility;
10        (8) continue to reside at home with or without
11    supervision involving the use of an approved electronic
12    monitoring device, subject to Article 8A of Chapter V; or
13        (9) for any other purpose determined by the court.
14    (c) Except where prohibited by other provisions of this
15Code, the court may impose a sentence of periodic imprisonment
16for a felony or misdemeanor on a person who is 17 years of age
17or older. The court shall not impose a sentence of periodic
18imprisonment if it imposes a sentence of imprisonment upon the
19defendant and the court imposed sentence of periodic
20imprisonment in combination with the period of imprisonment
21would exceed the maximum sentence permitted under subsection
22(d) for that offense in excess of 90 days.
23    (d) A sentence of periodic imprisonment shall be for a
24definite term of from 3 to 4 years for a Class 1 felony, 18 to
2530 months for a Class 2 felony, and up to 18 months, or the
26longest sentence of imprisonment that could be imposed for the

 

 

HB5511- 3 -LRB097 17508 RLC 65340 b

1offense, whichever is less, for all other offenses; however, no
2person shall be sentenced to a term of periodic imprisonment
3longer than one year if he is committed to a county
4correctional institution or facility, and in conjunction with
5that sentence participate in a county work release program
6comparable to the work and day release program provided for in
7Article 13 of the Unified Code of Corrections in State
8facilities. The term of the sentence shall be calculated upon
9the basis of the duration of its term rather than upon the
10basis of the actual days spent in confinement. No sentence of
11periodic imprisonment shall be subject to the good time credit
12provisions of Section 3-6-3 of this Code.
13    (e) When the court imposes a sentence of periodic
14imprisonment, it shall state:
15        (1) the term of such sentence;
16        (2) the days or parts of days which the defendant is to
17    be confined;
18        (3) the conditions.
19    (f) The court may issue an order of protection pursuant to
20the Illinois Domestic Violence Act of 1986 as a condition of a
21sentence of periodic imprisonment. The Illinois Domestic
22Violence Act of 1986 shall govern the issuance, enforcement and
23recording of orders of protection issued under this Section. A
24copy of the order of protection shall be transmitted to the
25person or agency having responsibility for the case.
26    (f-5) An offender sentenced to a term of periodic

 

 

HB5511- 4 -LRB097 17508 RLC 65340 b

1imprisonment for a felony sex offense as defined in the Sex
2Offender Management Board Act shall be required to undergo and
3successfully complete sex offender treatment by a treatment
4provider approved by the Board and conducted in conformance
5with the standards developed under the Sex Offender Management
6Board Act.
7    (g) An offender sentenced to periodic imprisonment who
8undergoes mandatory drug or alcohol testing, or both, or is
9assigned to be placed on an approved electronic monitoring
10device, shall be ordered to pay the costs incidental to such
11mandatory drug or alcohol testing, or both, and costs
12incidental to such approved electronic monitoring in
13accordance with the defendant's ability to pay those costs. The
14county board with the concurrence of the Chief Judge of the
15judicial circuit in which the county is located shall establish
16reasonable fees for the cost of maintenance, testing, and
17incidental expenses related to the mandatory drug or alcohol
18testing, or both, and all costs incidental to approved
19electronic monitoring, of all offenders with a sentence of
20periodic imprisonment. The concurrence of the Chief Judge shall
21be in the form of an administrative order. The fees shall be
22collected by the clerk of the circuit court. The clerk of the
23circuit court shall pay all moneys collected from these fees to
24the county treasurer who shall use the moneys collected to
25defray the costs of drug testing, alcohol testing, and
26electronic monitoring. The county treasurer shall deposit the

 

 

HB5511- 5 -LRB097 17508 RLC 65340 b

1fees collected in the county working cash fund under Section
26-27001 or Section 6-29002 of the Counties Code, as the case
3may be.
4    (h) All fees and costs imposed under this Section for any
5violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
6Code, or a similar provision of a local ordinance, and any
7violation of the Child Passenger Protection Act, or a similar
8provision of a local ordinance, shall be collected and
9disbursed by the circuit clerk as provided under Section 27.5
10of the Clerks of Courts Act.
11    (i) A defendant at least 17 years of age who is convicted
12of a misdemeanor or felony in a county of 3,000,000 or more
13inhabitants and who has not been previously convicted of a
14misdemeanor or a felony and who is sentenced to a term of
15periodic imprisonment may as a condition of his or her sentence
16be required by the court to attend educational courses designed
17to prepare the defendant for a high school diploma and to work
18toward receiving a high school diploma or to work toward
19passing the high school level Test of General Educational
20Development (GED) or to work toward completing a vocational
21training program approved by the court. The defendant sentenced
22to periodic imprisonment must attend a public institution of
23education to obtain the educational or vocational training
24required by this subsection (i). The defendant sentenced to a
25term of periodic imprisonment shall be required to pay for the
26cost of the educational courses or GED test, if a fee is

 

 

HB5511- 6 -LRB097 17508 RLC 65340 b

1charged for those courses or test. The court shall revoke the
2sentence of periodic imprisonment of the defendant who wilfully
3fails to comply with this subsection (i). The court shall
4resentence the defendant whose sentence of periodic
5imprisonment has been revoked as provided in Section 5-7-2.
6This subsection (i) does not apply to a defendant who has a
7high school diploma or has successfully passed the GED test.
8This subsection (i) does not apply to a defendant who is
9determined by the court to be developmentally disabled or
10otherwise mentally incapable of completing the educational or
11vocational program.
12(Source: P.A. 93-616, eff. 1-1-04.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.