By Honorable Ann B. Jorgensen,
Presiding Judge, Felony Division

"A sentence of periodic imprisonment is a sentence of imprisonment during which the committed person may be released for periods of time during day or night or for periods of days or both..." 730 ILCS 5/5-7-1.

Traditionally a sentence of periodic imprisonment was imposed to resolve the conflict between the necessity of a jail sentence and desirability of maintaining gainful employment. Over the years the scope of periodic imprisonment release has expanded to meet the needs of a changing population. Periodic imprisonment now allows inmates to serve a term of incarceration and attend to a variety of other necessary obligations.

The DuPage County Periodic Imprisonment Program Inmate Rules and Regulations has also grown to meet the needs. This article is intended to acquaint the reader with the rules, procedures and nuances of a sentence of periodic imprisonment in DuPage County.

Periodic imprisonment is a sentencing alternative specifically set forth in 730 ILCS 5/5-5-3. In its simplest terms, it is a sentence of incarceration for a specific duration. It differs from straight time in that a sentence of periodic imprisonment allows an inmate to physically leave the confines of the jail in order to perform specific obligations.

Anyone convicted of a misdemeanor, or felony other than those listed in 730 ILCS 5/5-5-3(c), can be sentenced to a term of periodic imprisonment. However, persons suffering from a mental of physical condition which prevents them from residing in a dormitory style living unit are not eligible for a sentence of periodic imprisonment. The reasons are obvious; an inmate with a contagious disease or violent psychological disorder can not be housed in a dormitory style unit.

There are various portions of the criminal code which outline the duration of a sentence of periodic imprisonment for both misdemeanor and felony offenses. However, those sentenced to periodic imprisonment in DuPage County are committed to serve their periodic imprisonment in the DuPage County Jail, a county correctional institution. Therefore the language in 730 ILCS 5/5-7-1(d) controls. It states, "...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..." The maximum periodic imprisonment sentence is 364 days.

Day for day credit does not apply to periodic imprisonment. Therefore, a sentence of 364 days means the defendant will serve 364 days in the periodic imprisonment program. The term of the sentence is defined as the number of days in periodic imprison-ment, not the number of actual days in custody, which is often less.

Periodic Imprisonment inmates are housed in the Periodic Imprisonment Center, located within the DuPage County Jail, 501 North County Farm Road, Wheaton, Illinois. The program is run by Sergeant Gary Lavery, Director of Periodic Imprisonment and Deputy Gordon Shackleton, Administrative Assistant. The Director may be reached at (630) 682-7857. Inmates enter and exit the center through their own entrance, and are at all times sequestered from the general jail population. The center is designed to house up to 76 male inmates, and 12 female inmates, with an average occupancy of 65 per night.

The accommodations resemble a dormitory style room. Each inmate is given a bed and locker in which to store all valuables and personal items. The entire periodic imprisonment center is inspected daily for safety cleanliness and order. All periodic imprisonment inmates are responsible for maintaining their immediate living area as well as the common areas, keeping them neat and clean.

Three well balanced meals are provided each day. Bag meals both for lunch and dinner are available for those not in custody at the time meals are served.

Yes. The periodic imprisonment center currently has the capacity and staff to accommodate a weekends-only sentence.

The sentencing judge can enter an order staying the execution of periodic imprisonment. The stay should be written in very clear and legible language in order to avoid a conflict between the periodic imprisonment center and defendant.

Defendant who is subject to a stayed sentence should bring a copy of the sentencing order, to the jail at the time of surrender. This too will avoid future conflicts.

"Unless the court orders otherwise, the particular times and conditions of release shall be determined by...the sheriff...." 730 ILCS 5/5-7-1. There are two distinct ways that the days and hours of release are set. The first is by court order. The sentencing judge will review all information submitted and determine what he or she believes is an appropriate number of days and hours for release for work, treatment, school or other appropriate purpose, including travel. These findings are reduced to writing and put into a court order. This order supercedes the rules and regulations of periodic imprisonment and can not be altered by anything other than another court order.

In the absence of a specific court order setting forth the days and times for release, the schedule is set by the sheriff. Generally, the Director of Periodic Imprisonment sets the times and conditions for release. The DuPage County Periodic Imprisonment Program Inmate Rules and Regulations govern these times and conditions for release.

Unless a court order specifies otherwise, an inmate sentenced to periodic imprisonment for the purpose of employment is allowed to work up to 48 hours per week. Pursuant to these rules, an inmate may be released a maximum of six days per week, spending at least one full day inside the jail. Regardless of the number of days of release, an inmate is released a maximum of 65 hours per week for the first 30 days of the sentence and up to 80 hours per week thereafter. These hours represent the total number of hours the inmate is outside the jail, and it includes travel time to and from work or other activity.

The optimum arrangement occurs when the defendant contacts the Director of Periodic Imprisonment prior to the start of the sentence. This enables the defendant to get a copy of the rules and regulations, and learn what is expected prior to the start of the sentence. For example, each inmate is expected to provide written verification of the days and times of work, school or treatment that he or she will be attending while released. This verification forms the keystone upon which the times of release are based. Generally, verification is in the form of a pay-stub or letter signed by the inmate’s employer outlining the expected work schedule including any foreseeable overtime. If the inmate is self-employed, an anticipated work schedule outlining locations of job sites together with copies of checks for work may be submitted as verification.

If the inmate is unable to contact periodic imprisonment in advance, the Director may allow a new inmate up to five working days to produce a written verification of his or her employment or other basis for release.

Yes. The most significant difference is that a court order supercedes the rules and regulations of the program. Therefore, if an inmate is given a court order which allows release for seven days a week, or for more than 65 hours, the order prevails. However, when the order sets forth the exact days of the week and hours of the day during which the inmate shall be released, the order is not flexible, and the jail does not have the authority to release the inmate except as the order prescribes. If a work schedule changes, the inmate must motion his case up before the sentencing judge for an amended order. On the other hand, a schedule set up with the Director can be changed by the Director upon verification of a change in schedule, without a trip to court.

Traditionally periodic imprisonment was designed for defendants who although deserving of some incarceration, are also gainfully employed. Such sentences enable offenders to maintain their job, support their family, and serve a term of incarceration. However in addition to work, defendants may be released foe a number of other reasons, including to seek employment, attend school, receive medical or psychological treatment, live at home, attend to family needs, perform duties associated with a county correctional center, or "any other purpose determined by the court". 730 ILCS 5/5-7-1(b).

This section has been broadly interpreted. It allows release for attendance at Alcoholics Anonymous, Narcotics Anonymous, and other counseling groups. An inmate may attend counseling and support groups as set out in the sentencing orders. An inmate may also petition the Director for release to attend additional counseling which is directly related to the charge upon which the inmate is sentenced. The Director will review each request for counseling on an individual basis, coordinating the request with Probation and Psychological Services. If permission is granted, written verification of attendance must be provided upon return to custody. Generally, inmates’ requests for counseling are allowed Monday through Thursday, and on Saturdays under special circumstances.

Inmates may also be released for the purpose of seeking employment. However, this is an area of concern. An unemployed inmate may be released up to five times per week Monday through Friday to secure employment. During those days, the inmate must submit a list of prospective employers who are actively hiring, together with job site addresses and phone numbers. This list must be approved by the Director before the inmate is released. A verification form must be submitted when the inmate returns. Inmates unable to secure employment after ten days are subject to the filing of a Petition to Revoke Periodic Imprisonment.

An inmate is not allowed to work both a full-time and a second or part-time job during the first 30 days of the sentence. After 30 days, an inmate may have an additional part-time job subject to the same verification process as the full-time position. If the inmate wishes to work a part-time job prior to the 30 days, he or she may petition the sentencing court to allow such employment. If a court order is entered allowing both jobs, the order prevails and the inmate will be released subject to verification of employment.

If an inmate is fired, he must immediately return to the periodic imprisonment center and notify the Director of the change in employment status. The inmate will also be required to submit a statement explaining the dismissal. As an unemployed inmate, he or she will be given ten days to secure other employment. However, inmates who voluntarily quit their job without prior approval of the Director may be subject to a Petition to Revoke sentence.

Those whose job requires a rotating or flexible schedule must notify the Director of changes in the weekly schedule, or periodically return to court for an amended order. Generally an oral notice is sufficient for the Director, together with financial verification of the hours worked. When overtime is made available to the inmate on a regular basis, he or she must give advance notice to the Director regarding the nature of the overtime. Overtime which is an occasional opportunity may be authorized orally, and verified by financial record of overtime pay. Regardless, no change in work schedule is permitted without consent of the Director.

Opportunities for overtime or a flexible schedule still must fall within the maximum of 65 and 80 hours per week, unless a court order grants excess hours.

Yes. The statute allows an inmate to receive up to a 48-hour furlough after at least 30 days of the sentence he has served. Thirty calendar days must lapse between furloughs. Inmates serving a sentence on a Class 1 felony are not eligible for furloughs without a specific court order. Regardless, a furlough is not a right, it must be earned. An inmate may earn a furlough by being in compliance with all the rules and regulations of the program, including being current with room and board fees. Furloughs are also available for inmates who are released for school, treatment or other purpose. While released on furlough, every inmate is expected to comply with the rules and regulations of periodic imprisonment, including zero tolerance to alcohol and drugs.

If an inmate has a pending Petition to Revoke, he or she is not eligible for a furlough. Inmates who are currently seeking employment, but remain unemployed are also ineligible for furloughs.

Inmates are given credit for days spent on furlough against the total number of days of periodic imprisonment.

Yes. Inmates who have personal matters to address may submit a written request for personal time. The Director will review each request and may upon verification allow the inmate time to attend to the personal matter. In addition, inmates may use their lunch hour or other official employer-granted break time as they see fit to attend personal matters.

Yes. Each inmate is charged $15.00 per day as room and board. These fees are due each Monday by noon, and are paid to the Clerk of the Court. After hours payments may be made in the Receiving and Discharge Office of the main jail. Payments must be in the form of a certified check or money order payable to the Circuit Clerk of DuPage County. If the fees due and owing are not paid by Monday noon, the inmate will not be released 730 ILCS 5/5-7-6. The inmate may be reclassified and moved from the periodic imprisonment center into general population of the jail on Tuesday morning. This is a reclassification for housing only. The inmate is still serving a sentence of periodic imprisonment and will not receive day-for-day credit.

Once the inmate is again current with fees, he or she may resume their periodic imprisonment schedule. In the rare instance where the fees are still outstanding after 7 days the Director will bring the issue to the attention of the sentencing judge. The court will hear the matter and determine whether to defer payments, and/or whether to allow the defendant to be released.

If an inmate is not working, or is released for non-employment purposes such as school, SWAP, or treatment, room and board fees are not assessed.

Generally the director verifies employment through the pay stubs, deposit slips and copies of checks paid to the self-employed inmate. These payments should match the hours the inmate claims to have worked during the last pay period. In addition, daily itineraries may be required from those who are self-employed or those who are paid in cash.

Those who are attending alcohol, treatment or even Alcoholics Anonymous meetings must produce written verification in the form of a letter or signature indicating each date and hours of attendance.

Periodically, personnel from the sheriff’s office will make spot checks to confirm that the inmate is at the location indicated.

Inmates are allowed to bring a limited amount of clothing, and personal sundries into the periodic imprisonment center. A reasonable amount of books, newspapers, photographs and mail is also allowed.

Prescription medication, eyeglasses or contact lenses are allowed, provided that the Director is notified and able to verify the prescriptions. These medications are stored in the inmate’s locker, not on his or her person. The only exception is prescribed nitroglycerine tablets or asthma medication. These may be kept on the inmate’s person.

Over the counter medications used by an inmate while in custody may be brought into the center and stored in the inmate’s locker.

Inmates are free to correspond by mail while serving a sentence of periodic imprisonment, and may receive mail sent to them at the jail. Incoming mail is limited to letters, legal mail, magazines, etc. and money orders. Cash and personal checks can not be mailed into the jail and will be returned to sender. All non-privileged mail sent to an inmate will be opened and inspected for contraband. All non-privileged outgoing will also be inspected.

Telephones are located in the dormitory area of the center. These phones only allow collect calls from the center, and calls are restricted to non-sleeping hours. Periodic imprisonment staff will accept incoming emergency messages at (630) 682-7857.

Alcohol is strictly forbidden. It is a violation of the rules to consume alcohol while serving a sentence of periodic imprisonment, as well as a violation to bring alcohol into a corrections facility. This includes not only the consumption of alcoholic beverages, but also using mouthwash, medication, or foods which contains alcohol. The rules are the same for recreational drugs. The Director will seek a revocation of sentence for any inmate in violation of these rules.

All inmates are subject to be tested by periodic imprisonment staff for drug or alcohol use. Failure to comply, or failure to provide an adequate sample (breath or urine), will result in the filing of a petition to revoke periodic imprisonment.

Every inmate is subject to a search of his or her person when they return to the center. Generally this is a simple pat down. However, a search for contraband on an inmate’s person or in the inmate’s housing area may be conducted at any time the inmate is in custody. Upon "reasonable suspicion" of an officer and approval of a superior officer, an inmate may be strip searched for contraband.

Failure to return to the jail on time is a violation of the rules. An unauthorized delay in return to the periodic imprisonment center will automatically delay the inmate’s release on the next scheduled workday for a time equal to the unauthorized delay. For example, an inmate who arrives at the jail 30 minutes late will not be released until 30 minutes after he is scheduled to be released on the next workday. Repeated tardy returns may result in denial of furlough, reduction in hours of release, disciplinary segregation served in a receiving cell in the main jail, and/or the filing of a Petition to Revoke. However a reduction in hours of release is not an available sanction for those inmates whose hours of release are set by court order.

A violation of any of the rules, regulations or procedures of the periodic imprisonment center will result in the preparation of an incident report. A report is also prepared upon the violation of a court order. A periodic imprisonment staff member prepares the report, and sends copies of the report to the sentencing judge, assistant state’s attorney and probation officer. All violations will precipitate a disciplinary hearing conducted by the Director or his designee.

Upon the filing of an incident report alleging a rule violation, the disciplinary hearing process is set in motion. These hearings are governed by the "Illinois County Jail Standards". According to the standards, the inmate is served with a copy of the rule violation, and may admit or deny the allegation. At the hearing, the facts are presented and the inmate is given an opportunity to address the allegation. If the presiding officer determines that there is a basis for the allegation, it is determined to be "chargeable". If the presiding officer determines that there is no basis, the matter ends. Chargeable offenses may result in the imposition of an internal sanction and/or the filing of a Petition to Revoke Periodic Imprisonment.

If the incident report alleges a major violation, the disciplinary hearing will be held within 72 hours. The inmate will be held pending disposition of the hearing.

When an inmate has committed a major violation excessive minor violations or a new offense, the Director will file a petition to revoke periodic imprisonment with the court. The inmate in question may be held in custody to appear in court on the initial court date.

A sentence of periodic imprisonment may be modified or revoked by the court if the offender commits another offense, violates any of the conditions of the sentence, or violates any of the rules and regulations of the institution, agency or Department to which he had been committed. The Sheriff, or in DuPage County, the Director shall notify the court of a violation of the order of periodic imprisonment. 730 ILCS 5/5-7-2. The defendant is entitled to a hearing and is afforded all the rights afforded in a hearing to revoke probation. 730 ILCS 5/5-6-4. Upon a finding that the defendant has violated the terms and conditions of periodic imprisonment, the court may modify the terms and conditions of periodic imprisonment, or revoke the sentence and resentence the defendant to any sentence which could have been imposed at the time of his original sentence.

Periodic imprisonment is a very versatile sentencing alternative which can be tailored to accommodate a multitude of individualized sentencing goals. These specialized sentences can most effectively both punish and rehabilitate misdemeanor and felony offenders. Knowledge of the rules and procedures governing periodic imprisonment can aid the prosecution, defense, and court in crafting the most appropriate sentence.

Honorable Ann B. Jorgensen is the Presiding Judge of the Felony Division and the Supervising Judge for Court-Ordered Civil Mediation. She received her Undergraduate Degree in 1976 from Loyola University-Chicago and her Law Degree in 1980 from DePaul University.