730 ILCS 5/5-7-1
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter V - Sentencing

 (from Ch. 38, par. 1005-7-1)Sec. 5-7-1. 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  defendant to:(1) seek employment;(2) work;(3) conduct a business or other self-employed     occupation including housekeeping;(4) attend to family needs;(5) attend an educational institution, including     vocational education;(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  shall state:(1) the term of such sentence;(2) the days or parts of days which the defendant is     to be confined;(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  felony sex  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  fees for  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   drug testing,  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  high school  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  fails  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.)