Full Text of HB5511 97th General Assembly
HB5511eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing 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
| 9 | | imprisonment during which the committed person may be released | 10 | | for
periods of time during the day or night or for periods of | 11 | | days, or both,
or if convicted of a felony, other than first | 12 | | degree murder, a Class X or
Class 1 felony, committed to any | 13 | | county, municipal, or regional
correctional or detention | 14 | | institution or facility in this State for such
periods of time | 15 | | as the court may direct. Unless the court orders otherwise,
the | 16 | | particular times and conditions of release shall be determined | 17 | | by
the Department of Corrections, the sheriff, or the | 18 | | Superintendent of the
house of corrections, who is | 19 | | administering the program.
| 20 | | (b) A sentence of periodic imprisonment may be imposed to | 21 | | permit the
defendant to:
| 22 | | (1) seek employment;
| 23 | | (2) work;
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| 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 | 15 | | Code,
the court may impose a sentence of periodic imprisonment | 16 | | for a
felony or misdemeanor on a person who is 17 years of age | 17 | | or older. The
court shall not impose a sentence of periodic | 18 | | imprisonment if it imposes
a sentence of imprisonment upon the | 19 | | defendant and the court imposed sentence of periodic | 20 | | imprisonment in combination with the period of imprisonment | 21 | | would 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 | 24 | | definite
term of from 3 to 4 years for a Class 1 felony, 18 to | 25 | | 30 months
for a Class 2 felony, and up to 18 months, or the | 26 | | longest sentence of
imprisonment that could be imposed for the |
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| 1 | | offense, whichever is less, for
all other offenses; however, no | 2 | | person shall be sentenced to a term of
periodic imprisonment | 3 | | longer than one year if he is committed to a county
| 4 | | correctional institution or facility, and in conjunction with | 5 | | that sentence
participate in a county work release program | 6 | | comparable to the work and day
release program provided for in | 7 | | Article 13 of the Unified Code of
Corrections in State | 8 | | facilities. The term of the sentence shall be
calculated upon | 9 | | the basis of the duration of its term rather than upon
the | 10 | | basis of the actual days spent in confinement. No sentence
of | 11 | | periodic imprisonment shall be subject to the good time
credit | 12 | | provisions of Section 3-6-3 of this Code.
| 13 | | (e) When the court imposes a sentence of periodic | 14 | | imprisonment, 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 | 20 | | the
Illinois Domestic Violence Act of 1986 as a condition of a | 21 | | sentence of
periodic imprisonment. The Illinois Domestic | 22 | | Violence Act of 1986 shall
govern the issuance, enforcement and | 23 | | recording of orders of protection
issued under this Section. A | 24 | | copy of the order of protection shall be
transmitted to the | 25 | | person or agency having responsibility for the case.
| 26 | | (f-5) An offender sentenced to a term of periodic |
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| 1 | | imprisonment for a
felony sex
offense as defined in the Sex | 2 | | Offender Management Board Act shall be required
to undergo and | 3 | | successfully complete sex offender treatment by a treatment
| 4 | | provider approved by the Board and conducted in conformance | 5 | | with the standards
developed under the Sex Offender Management | 6 | | Board Act.
| 7 | | (g) An offender sentenced to periodic imprisonment who | 8 | | undergoes mandatory
drug or alcohol testing, or both, or is
| 9 | | assigned to be placed on an approved electronic monitoring | 10 | | device, shall be
ordered to pay the costs incidental to such | 11 | | mandatory drug or alcohol
testing, or both, and costs | 12 | | incidental to such approved electronic
monitoring in | 13 | | accordance with the defendant's ability to pay those costs.
The | 14 | | county board with the concurrence of the Chief Judge of the | 15 | | judicial
circuit in which the county is located shall establish | 16 | | reasonable
fees for
the cost of maintenance, testing, and | 17 | | incidental expenses related to the
mandatory drug or alcohol | 18 | | testing, or both, and all costs incidental to
approved | 19 | | electronic monitoring, of all offenders with a sentence of
| 20 | | periodic imprisonment. The concurrence of the Chief Judge shall | 21 | | be in the
form of an administrative order.
The fees shall be | 22 | | collected by the clerk of the circuit court. The clerk of
the | 23 | | circuit court shall pay all moneys collected from these fees to | 24 | | the county
treasurer who shall use the moneys collected to | 25 | | defray the costs of
drug testing,
alcohol testing, and | 26 | | electronic monitoring.
The county treasurer shall deposit the |
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| 1 | | fees collected in the
county working cash fund under Section | 2 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case | 3 | | may be.
| 4 | | (h) All fees and costs imposed under this Section for any | 5 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 6 | | Code, or a similar
provision of a local ordinance, and any | 7 | | violation of
the Child Passenger Protection Act, or a similar | 8 | | provision of a local
ordinance, shall be collected and | 9 | | disbursed by the
circuit clerk as provided under Section 27.5 | 10 | | of the Clerks of Courts Act.
| 11 | | (i) A defendant at least 17 years of age who is
convicted | 12 | | of a misdemeanor or felony in a county of 3,000,000 or more
| 13 | | inhabitants and who has not been previously convicted
of a | 14 | | misdemeanor or a felony and who is sentenced to a term of | 15 | | periodic
imprisonment may as a condition of his or her sentence | 16 | | be required by the
court to attend educational courses designed | 17 | | to
prepare the defendant for a high school diploma and to work | 18 | | toward receiving a
high school
diploma or to work toward | 19 | | passing the high school level Test of General
Educational
| 20 | | Development (GED) or to work toward completing a vocational | 21 | | training program
approved by the court. The defendant sentenced | 22 | | to periodic imprisonment must
attend a public institution of | 23 | | education to obtain the educational or
vocational training | 24 | | required by this subsection (i). The defendant sentenced
to a | 25 | | term of periodic imprisonment shall be required to pay for the | 26 | | cost of the
educational courses or GED test, if a fee is |
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| 1 | | charged for those courses or test.
The court shall
revoke the | 2 | | sentence of periodic imprisonment of the defendant who wilfully
| 3 | | fails
to comply with this subsection (i). The court shall | 4 | | resentence the defendant
whose sentence of periodic | 5 | | imprisonment has been
revoked as provided in Section 5-7-2. | 6 | | This
subsection (i) does not apply to a defendant who has a | 7 | | high school diploma or
has successfully passed the GED test. | 8 | | This subsection (i) does not apply to a
defendant who is | 9 | | determined by the court to be developmentally disabled or
| 10 | | otherwise mentally incapable of completing the
educational or | 11 | | vocational program.
| 12 | | (Source: P.A. 93-616, eff. 1-1-04.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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