(730 ILCS 5/5-7-2) (from Ch. 38, par. 1005-7-2)
Sec. 5-7-2. Modification and Revocation. (a) A sentence of periodic imprisonment may be modified or revoked
by the court if:
(1) the offender commits another offense; or
(2) the offender violates any of the conditions of | ||
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(3) the offender violates any rule or regulation of | ||
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(b) If the offender violates the order of periodic imprisonment, the
Department of Corrections, the sheriff, or the superintendent of the
house of corrections shall report such violation to the
court.
(c) The court shall not modify or revoke a sentence of periodic
imprisonment unless the offender has been given written notice and
afforded a hearing under Section 5-6-4. If the offender is
incarcerated as a result of his alleged violation of the court's
prior order, such hearing shall be held within 14 days of the
onset of said incarceration. Where a sentence of periodic
imprisonment is revoked, the court may impose any other sentence that
was available at the time of initial sentencing.
(Source: P.A. 95-35, eff. 1-1-08.)
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(730 ILCS 5/5-7-3) (from Ch. 38, par. 1005-7-3)
Sec. 5-7-3.
Commitment.
(a) Commitment under a sentence of periodic imprisonment for a
misdemeanor shall be to the sheriff or the superintendent of the house of
corrections or workhouse.
(b) Commitment under a sentence of periodic imprisonment for a felony
may be under paragraph (a) of this Section or to the Department of
Corrections if the Director of the Department has certified that
appropriate facilities and personnel are available to administer sentences
of periodic imprisonment.
(c) The Director of the Department of Corrections may certify that an
appropriate institution has the facilities and personnel to administer
periodic imprisonment. Such certification shall be filed with the clerk of
the circuit court from which commitments to such institution will be
accepted. Any such certification may be revoked by filing a notice of
revocation with such clerk.
(d) The sheriff of any county may certify that an appropriate
institution has the facilities and personnel to administer periodic
imprisonment. Such certification shall be filed with the clerk of the
circuit court from which commitments to such institution will be accepted.
Any such certification may be revoked by filing a notice of revocation with such clerk.
(e) If the sheriff to whose custody a defendant is committed for a term of
periodic imprisonment certifies an institution under subsection (d), the
sheriff may contract, subject to the approval of the county board, with a
certified institution for the
housing of the offender in that institution, and while so placed the
offender shall be subject to the court's terms of imprisonment. The cost
of maintenance of such offender shall be paid by the county in which he was committed.
(f) Neither the State, any unit of local government or the sheriff of
the county to whose custody a defendant is committed, nor any officer or
employee thereof acting in the course of their official duties shall be
liable for any injury or loss which a person might suffer while residing at a
certified institution, nor shall they be liable for any tortious acts of
any offender housed at the certified institution, or for any tortious acts
of an officer or employee of such institution, except for wilful and wanton
misconduct or gross negligence on the part of such governmental unit,
officer or employee.
(Source: P.A. 85-1433.)
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(730 ILCS 5/5-7-4) (from Ch. 38, par. 1005-7-4)
Sec. 5-7-4.
Continuation of Employment.
If the offender has been regularly employed, the Department of
Corrections, the sheriff, the superintendent of the house of correction or
workhouse, or the probation officer shall arrange for a continuation of
such employment. If the offender has not been regularly employed, every
reasonable effort shall be made to secure employment for such person, and
any person for whom employment is secured shall be paid a fair and
reasonable wage and shall not be required to work more than 8 hours per
day, nor more than 48 hours per week.
(Source: P.A. 77-2097.)
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