Periodic Imprisonment in Illinois: White Collar Crime Punishment
Under Illinois law, 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. The purpose of the program is to allow people convicted of certain crimes, usually non-violent offenders, to remain gainfully employed while still serving time for criminal wrongdoing. For example, periodic imprisonment may be attractive for some individuals charged with white collar crimes, like embezzlement or forgery.
When an individual is convicted of some felonies, periodic imprisonment also refers to committing the individual to a state or local facility for such periods of time as the criminal law judge may direct. Alternatively, unless the court orders otherwise, Department of Corrections officers shall direct the time and conditions of the committed individual’s release.
Periodic Imprisonment May Allow for Work
A sentence of periodic imprisonment may be imposed to permit the defendant to seek employment or continue working. It may also be imposed for reasons such as allowing the defendant to attend or tend to family obligations or obtain medical or mental health treatment. Periodic imprisonment also refers to arrangements in which an individual is permitted to serve a sentence or a portion of a sentence under house arrest. When a person is given periodic imprisonment, a local sheriff’s office may require proof or documentation that the person is actually performing the activities they were released to perform. Law enforcement officers may also conduct random checks to ensure inmates are where they are supposed to be.
When a defendant is considered for periodic imprisonment, he or she must read and sign court documents promising to will comply with the terms of the sentence. Periodic imprisonment is not available for individuals convicted of first degree murder, or Class X felonies. Some examples of offenses not eligible for periodic imprisonment also include some offenses involving battery with a deadly weapon, or child sexual assault. A defense attorney typically will work with local jails and with the defendant to coordinate terms of the imprisonment. Defendants wishing to participate in the alternative sentencing program may be required to pay a fee.
Do You Need Assistance? Call Us Today
One of our most salient pieces of advice to criminal defendants awaiting court proceedings is for them to learn about all options available to them concerning their criminal charges and possible associated penalties. Our team of DuPage County criminal defense attorneys at Kathryn L. Harry & Associates, P.C. try to learn all we can about our clients’ priorities to productively negotiate with criminal prosecutors on our clients’ behalves. For some of our clients, working to reduce a jail sentence to work release or periodic imprisonment is an attractive long-term option. For more on how we can help you approach your criminal proceedings thoughtfully and proactively, call our law office today at 630-472-9700.