Illinois Compiled Statutes
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CORRECTIONS730 ILCS 5/Ch. V Art. 7
(730 ILCS 5/) Unified Code of Corrections.
(730 ILCS 5/Ch. V Art. 7 heading)
SENTENCE OF PERIODIC IMPRISONMENT
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 Chapter III of this Code 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 the Criminal and Traffic Assessment 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. 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
730 ILCS 5/5-7-2
(730 ILCS 5/5-7-2)
(from Ch. 38, par. 1005-7-2)
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
(3) the offender violates any rule or regulation of
the institution, agency or Department to which he has been committed.
(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
(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.)
730 ILCS 5/5-7-3
(730 ILCS 5/5-7-3)
(from Ch. 38, par. 1005-7-3)
(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.)
730 ILCS 5/5-7-4
(730 ILCS 5/5-7-4)
(from Ch. 38, par. 1005-7-4)
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.)
730 ILCS 5/5-7-5
(730 ILCS 5/5-7-5)
(from Ch. 38, par. 1005-7-5)
Arrangement between Sheriffs for Employment.
The court may authorize the sheriff to whose custody a defendant is
committed, to arrange with another sheriff for the employment of the
offender in the latter's county, and while so employed to be in the latter
sheriff's custody but in other respects to be and continue subject to the
commitment. The cost of maintenance of such offender shall be paid by the
county in which he was committed. The Department of Corrections may
transfer an offender committed to it to another institution or facility of
the Department subject to the approval of the committing court.
(Source: P.A. 77-2097.)
730 ILCS 5/5-7-6
(730 ILCS 5/5-7-6)
(from Ch. 38, par. 1005-7-6)
Duty of Clerk of Court or the Department of Corrections; collection and disposition of compensation.
(a) Every gainfully employed offender shall be responsible for managing his
or her earnings. The clerk of the circuit court shall have only those
responsibilities regarding an offender's earnings as are set forth in this
Every offender, including offenders who are sentenced to periodic
imprisonment for weekends only, gainfully employed
shall pay a fee for room and board at a rate established, with the
concurrence of the chief judge of the judicial circuit, by the county board of
the county in which the offender is incarcerated. The concurrence of the chief
judge shall be in the form of an administrative order. In establishing the fee
for room and board consideration may be given to all costs incidental to the
incarceration of offenders. If an offender is necessarily absent from the
institution at mealtime he or she shall, without additional charge, be
furnished with a meal to carry to work. Each week, on a day designated by the
clerk of the circuit court,
every offender shall pay the clerk the fees for the offender's room and board. Failure to pay the clerk
on the day designated shall result in the termination of the offender's
All fees for room and board collected by the circuit court clerk shall be
disbursed into the county's General Corporate Fund.
By order of the court, all or a portion of the earnings of
employed offenders shall be turned over to the clerk to be distributed
for the following purposes, in the order stated:
(1) the room and board of the offender;
(2) necessary travel expenses to and from work and
other incidental expenses of the offender, when those expenses are incurred by the administrator of the offender's imprisonment;
(3) support of the offender's dependents, if any.
(b) If the offender has one or more dependents who are recipients of
financial assistance pursuant to the Illinois Public Aid Code, or who are
residents of a State hospital, State school or foster care facility
provided by the State, the court shall order the offender to turn over
all or a portion of his earnings to the clerk who shall, after making
the deductions provided for under paragraph
(a), distribute those earnings to the appropriate agency
as reimbursement for the cost of care of such dependents. The order shall
permit the Department of Human Services (acting as successor to the Illinois
Department of Public Aid under the Department of Human Services Act) or the
unit, as the case may be, to request the clerk that subsequent payments be
made directly to the dependents, or to some agency or person in their
behalf, upon removal of the dependents from the public aid rolls; and upon
such direction and removal of the recipients from the public aid rolls, the
Department of Human Services or the local governmental unit, as the
case requires, shall give written notice of such action to the court. Payments
received by the Department of Human Services or by
governmental units in behalf of recipients of public aid shall be deposited
into the General Revenue Fund of the State Treasury or General Assistance
Fund of the governmental unit, under Section 10-19 of the Illinois Public
(c) The clerk of the circuit court shall keep individual accounts of all
money collected by him as required by this Article. He shall deposit all
moneys as trustee in a depository designated by the county board and shall
make payments required by the court's order from such trustee account. Such
accounts shall be subject to audit in the same manner as accounts of the
county are audited.
(d) If an institution or the Department of Corrections certifies to the
court that it can administer this Section with respect to persons committed
to it under this Article, the clerk of the court shall be relieved of its
duties under this Section and they shall be assumed by such institution or
(Source: P.A. 90-14, eff. 7-1-97; 91-357, eff. 7-29-99.)
730 ILCS 5/5-7-7
(730 ILCS 5/5-7-7)
(from Ch. 38, par. 1005-7-7)
The court which committed the offender to periodic imprisonment shall
retain jurisdiction over him during the term of commitment and may order a
diminution of the term if his conduct, diligence and general attitude merit
(Source: P.A. 77-2097.)
730 ILCS 5/5-7-8
(730 ILCS 5/5-7-8)
(from Ch. 38, par. 1005-7-8)
(a) The service of a sentence of imprisonment shall
satisfy any sentence of periodic imprisonment which was imposed on an
offender for an offense committed prior to the imposition of the
sentence. An offender who is serving a sentence of
periodic imprisonment at the time a sentence of
imprisonment is imposed shall be delivered to the custody of the
Department of Corrections to commence service of the
(b) If a sentence of imprisonment under Section 5-4.5-55, 5-4.5-60, or 5-4.5-65 (730 ILCS 5/5-4.5-55, 5/5-4.5-60, or 5/5-4.5-65)
imposed on an offender who is under a previously imposed sentence of
periodic imprisonment, such person shall commence service of the
sentence immediately. Where such sentence is for
a term in excess of 90 days, the service of such sentence shall satisfy
the sentence of periodic imprisonment.
(Source: P.A. 95-1052, eff. 7-1-09