Illinois Compiled Statutes
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730 ILCS 5/5-7-1
(730 ILCS 5/5-7-1)
(from Ch. 38, par. 1005-7-1)
Sentence of Periodic Imprisonment.
(a) A sentence of periodic imprisonment is a sentence of
imprisonment during which the committed person may be released for
periods of time during the day or night or for periods of days, or both,
or if convicted of a felony, other than first degree murder, a Class X or
Class 1 felony, committed to any county, municipal, or regional
correctional or detention institution or facility in this State for such
periods of time as the court may direct. Unless the court orders otherwise,
the particular times and conditions of release shall be determined by
the Department of Corrections, the sheriff, or the Superintendent of the
house of corrections, who is administering the program.
(b) A sentence of periodic imprisonment may be imposed to permit the
(1) seek employment;
(3) conduct a business or other self-employed
occupation including housekeeping;
(4) attend to family needs;
(5) attend an educational institution, including
(6) obtain medical or psychological treatment;
(7) perform work duties at a county, municipal, or
regional correctional or detention institution or facility;
(8) continue to reside at home with or without
supervision involving the use of an approved electronic monitoring device, subject to Article 8A of Chapter V; or
(9) for any other purpose determined by the court.
(c) Except where prohibited by other provisions of this Code,
the court may impose a sentence of periodic imprisonment for a
felony or misdemeanor on a person who is 17 years of age or older. 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.
(d) A sentence of periodic imprisonment shall be for a definite
term of from 3 to 4 years for a Class 1 felony, 18 to 30 months
for a Class 2 felony, and up to 18 months, or the longest sentence of
imprisonment that could be imposed for the offense, whichever is less, for
all other offenses; however, no person shall be sentenced to a term of
periodic imprisonment longer than one year if he is committed to a county
correctional institution or facility, and in conjunction with that sentence
participate in a county work release program comparable to the work and day
release program provided for in Article 13 of the Unified Code of
Corrections in State facilities. The term of the sentence shall be
calculated upon the basis of the duration of its term rather than upon
the basis of the actual days spent in confinement. No sentence
of periodic imprisonment shall be subject to the good time
credit provisions of Section 3-6-3 of this Code.
(e) When the court imposes a sentence of periodic imprisonment, it
(1) the term of such sentence;
(2) the days or parts of days which the defendant is
(3) the conditions.
(f) The court may issue an order of protection pursuant to the
Illinois Domestic Violence Act of 1986 as a condition of a sentence of
periodic imprisonment. The Illinois Domestic Violence Act of 1986 shall
govern the issuance, enforcement and recording of orders of protection
issued under this Section. A copy of the order of protection shall be
transmitted to the person or agency having responsibility for the case.
(f-5) An offender sentenced to a term of periodic imprisonment for a
offense as defined in the Sex Offender Management Board Act shall be required
to undergo and successfully complete sex offender treatment by a treatment
provider approved by the Board and conducted in conformance with the standards
developed under the Sex Offender Management Board Act.
(g) An offender sentenced to periodic imprisonment who undergoes mandatory
drug or alcohol testing, or both, or is
assigned to be placed on an approved electronic monitoring device, shall be
ordered to pay the costs incidental to such mandatory drug or alcohol
testing, or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay those costs.
The county board with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish reasonable
the cost of maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental to
approved electronic monitoring, of all offenders with a sentence of
periodic imprisonment. The concurrence of the Chief Judge shall be in the
form of an administrative order.
The fees shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court. The clerk of
the circuit court shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the costs of
alcohol testing, and electronic monitoring.
The county treasurer shall deposit the fees collected in the
county working cash fund under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
(h) All fees and costs imposed under this Section for any violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, and any violation of
the Child Passenger Protection Act, or a similar provision of a local
ordinance, shall be collected and disbursed by the
circuit clerk as provided under Section 27.5 of the Clerks of Courts Act.
The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county. The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or damage to any device.
(i) A defendant at least 17 years of age who is
convicted of a misdemeanor or felony in a county of 3,000,000 or more
inhabitants and who has not been previously convicted
of a misdemeanor or a felony and who is sentenced to a term of periodic
imprisonment may as a condition of his or her sentence be required by the
court to attend educational courses designed to
prepare the defendant for a high school diploma and to work toward receiving a
diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program
approved by the court. The defendant sentenced to periodic imprisonment must
attend a public institution of education to obtain the educational or
vocational training required by this subsection (i). The defendant sentenced
to a term of periodic imprisonment shall be required to pay for the cost of the
educational courses or high school equivalency testing if a fee is charged for those courses or testing.
The court shall
revoke the sentence of periodic imprisonment of the defendant who wilfully
to comply with this subsection (i). The court shall resentence the defendant
whose sentence of periodic imprisonment has been
revoked as provided in Section 5-7-2. This
subsection (i) does not apply to a defendant who has a high school diploma or
has successfully passed high school equivalency testing. This subsection (i) does not apply to a
defendant who is determined by the court to be a person with a developmental disability or
otherwise mentally incapable of completing the
educational or vocational program.
(Source: P.A. 98-718, eff. 1-1-15; 99-143, eff. 7-27-15; 99-797, eff. 8-12-16.)