Ill. R. Cir. Ct. Dupage Cnty. 36.09

As amended through September 23, 2024

Rule 36.09 - PERIODIC IMPRISONMENT

(a) When the Court imposes a sentence of periodic imprisonment, under the Code of Criminal Procedure (730 ILCS 5/5-7 -1 et seq.), or orders periodic imprisonment as a term or condition of another type of disposition, the Court shall enter an order setting forth the terms and conditions of periodic imprisonment. The original order and four (4) copies shall be distributed as provided by administrative orders of this Court.

(b) This Court shall establish by administrative order, rules and regulations for the administration of the periodic imprisonment program. A copy of the Rules and Regulations shall be filed in every case in which a Petition to Revoke Periodic Imprisonment is filed in accordance with Rule 36.10. The Rules and Regulations shall be signed by the offender. The original Rules and Regulations and four (4) copies shall be distributed as set forth in the administrative order.

(c) The periodic imprisonment program shall comply fully with the Illinois County Jail Standards [20 Ill. Admin. Code, Ch. I, Subchapter f, Part 701 (1985)].

(d) The Sheriff shall have reasonable discretion to schedule release times, except as provided in Rule 36.09(e), and unless specifically ordered otherwise by the sentencing judge, to permit the prisoner to:

(1) Seek employment;

(2) Work, including reasonable overtime;

(3) Conduct a business or other self-employed occupation, including housekeeping;

(4) Attend to family needs, including household responsibilities;

(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) Report to or visit with a probation officer;

(9) Participate in the Sheriff's Work Alternative Program or the Young Adult Workcamp Program; or

(10) Fulfill any other purpose enunciated in the sentencing order.

(e) The total release time approved by the Sheriff shall not exceed one-third of the inmate's periodic imprisonment sentence. This release time is not connected in any way with the statutory good time or good behavior allowances referred to in the Unified Code of Corrections [730 ILCS 5/5-7 -1(d)] or the County Jail Good Behavior Allowance Act (730 ILCS 130/3).

(f) The terms of Periodic Imprisonment shall include the requirement that the gainfully employed offender pay a weekly sum for room and board. Unless otherwise ordered by the Court, this fee for room and board shall be fifteen dollars ($15.00) per day or 50% of the offender's rate of daily earning, whichever is less [730 ILCS 5/5-7 -6(a)] [Ill. Rev. Stat., Ch. 38, Section 1005-7-6(a)] . For purposes of Rule 36.09, 50 % of daily earnings shall be calculated by dividing the offender's net weekly earnings by seven (7), regardless of the number of days actually worked in a given week, and multiplying the resultant quotient by 50%.

Ill. R. Cir. Ct. Dupage Cnty. 36.09