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Full Text of HB3292  97th General Assembly




HB3292 EngrossedLRB097 06016 RLC 46087 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;



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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
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. If the court imposes a sentence of imprisonment in
18excess of 90 days, then it may not also impose a sentence of
19periodic imprisonment The court shall not impose a sentence of
20periodic imprisonment if it imposes a sentence of imprisonment
21upon the defendant in excess of 90 days.
22    (d) A sentence of periodic imprisonment shall be for a
23definite term of from 3 to 4 years for a Class 1 felony, 18 to
2430 months for a Class 2 felony, and up to 18 months, or the
25longest sentence of imprisonment that could be imposed for the
26offense, whichever is less, for all other offenses; however, no



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



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



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16-27001 or Section 6-29002 of the Counties Code, as the case
2may be.
3    (h) All fees and costs imposed under this Section for any
4violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
5Code, or a similar provision of a local ordinance, and any
6violation of the Child Passenger Protection Act, or a similar
7provision of a local ordinance, shall be collected and
8disbursed by the circuit clerk as provided under Section 27.5
9of the Clerks of Courts Act.
10    (i) A defendant at least 17 years of age who is convicted
11of a misdemeanor or felony in a county of 3,000,000 or more
12inhabitants and who has not been previously convicted of a
13misdemeanor or a felony and who is sentenced to a term of
14periodic imprisonment may as a condition of his or her sentence
15be required by the court to attend educational courses designed
16to prepare the defendant for a high school diploma and to work
17toward receiving a high school diploma or to work toward
18passing the high school level Test of General Educational
19Development (GED) or to work toward completing a vocational
20training program approved by the court. The defendant sentenced
21to periodic imprisonment must attend a public institution of
22education to obtain the educational or vocational training
23required by this subsection (i). The defendant sentenced to a
24term of periodic imprisonment shall be required to pay for the
25cost of the educational courses or GED test, if a fee is
26charged for those courses or test. The court shall revoke the



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