Detention, Sentencing, and Incarceration
If you are accused or convicted of a crime in Illinois there are consequences, but you are afforded rights and opportunities for rehabilitation.
Safety, Accountability, Fairness and Equity-Today Act (SAFE-T Act)
Implemented in 2023, the SAFE-T Act created new standards for detention, policing, and victim support.
This act eliminated Cash Bail through the Pretrial Fairness Act (see below).
Policing reforms included the requirement for body worn cameras and limited the use of chokeholds for restraining force during arrests. Police officers found guilty of misconduct have greater restrictions placed upon them.
Implementation of policing complaint systems, prisoner sentencing credit reform, and victim rights are also included.
Pretrial Fairness Act / No Cash Bond
Before 2023, people charged with crimes were required to post bond, which means paying money to the county court system in exchange for release from custody. In Illinois, an I-Bond was utilized to release individuals on their own recognizance through written agreement, exchanging their custody status for a promise to return to court. Failure to return to court resulted in the bail amount to trigger, requiring payment to the court system.
In 2023, cash bail was elemented upon implementation of the Pretrial Fairness Act within the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act.
Now, through the Pretrial Fairness Act, a judge is no longer required to set a monetary amount for a person's custody release before trial.
Under this law, everyone is presumed eligible for pretrial release. Instead of setting a dollar amount, judges now make detention decisions based on three things:
Type of charge
Violent felonies, sex offenses, or gun crimes.
Public safety risk
Whether you pose a specific, real, and present threat to any person, including yourself.
Flight risk
Whether you have a high likelihood of willfully failing to appear in court.
The prosecutors must prove that you need to be detained, instead of you needing to prove you deserve to be released.
Detention Review
At a detention review, a judge will determine:
Whether there is probable cause you committed the crime.
Whether you pose a real and present threat to any person.
Whether you have a high likelihood of not showing up to future court dates.
In your defense, we can present mitigating factors advocating for your unconditional release.
The judge will make the following decision relating to custody:
Release with no conditions or with pretrial conditions.
Pretrial conditions are court ordered rules that may require no contact with victims or witnesses, pretrial monitoring and reporting with court officers, travel restrictions, curfews, GPS electronic monitoring, or home confinement.
If you violate the conditions set by the court, new conditions may be imposed, or you may be detained on a future court date.
Hold you in custody while the charges are pending.
If the judge holds you in custody, they made the decision that you are a danger to the public, and at this time, there are no conditions to keep the public safe, or ensure your return to court on the next court date.
If you are detained, we will request a detention review on the next court date. Detention reviews have favorable outcomes if we can provide mitigating circumstances based upon new information. Supportive new information includes employment, housing, familial support, or other positive developments.
Waiver and Negotiated Pleas (People v. Wells)
The Illinois Supreme Court ruled that if a defendant enters into a negotiated plea with a specific, unambiguous number of credit days (e.g., "6 years with 54 days credit"), they may have waived the right to seek additional credits later. The plea is treated as a contract. If both sides got the "benefit of the bargain," the agreement is binding.
Local Jail Credit (Pre-Trial)
While the rate of credit (typically 1 day for 1 day) is presumed the same as in the department of corrections, the requirements for earning credit while in pre-trial custody in a local jail are significantly more strict.
To receive credit for local jail programming, the following four criteria must all be met (People v. Simpson):
Full-time participation.
Duration of 60 days or longer.
Successful completion of the program.
Credit must be sought at the time of sentencing.
In order for it to be considered full time:
Behavioral Mod/Life Skills: Minimum 3 hours of programming per week.
Substance Abuse: Minimum 15 hours per week.
Education: Minimum 10 hours per week (e.g., 2 hours/day for 5 days).
Correctional Industry: Minimum 4 hours per day, 5 days per week.
Good Time Credit
In Illinois, “good time” or day-for-day credit allows for one day of credit for every day served. This is the baseline for most offenses, but several categories of conduct or sentencing require you to serve the full sentence (100% of the time).
Mandatory full-sentence:
Offenses involving harm
If you inflicted harm during the offense, such as Domestic Battery involving bodily harm.
Offenses with Mandatory Minimums:
Often found in traffic matters, such as driving with a suspended license.
If there is a ten (10) day minimum sentence, that would require serving the full ten (10) days.
Specific Offenses
Aggravated Criminal Sexual assault for example requires full time.
Civil Contempt
Civil Contempt involves an individual being held until they comply with a court order (for example, making a child support payment. Since the individual can comply whenever they choose, day for day does not apply.
Periodic imprisonment
This is a release for work, family, or medical needs. If you are under the sheriff’s control (monitored work program), you will still qualify for good time.
If it is a true work release (working at a private business) it is periodic imprisonment and ineligible for good time, unless specifically authorized by the court.
Truth in Sentencing - 730 ILCS 5/3-6-3(a)
This statute creates a tiered system of mandatory minimum percentages of a sentence that must be served.
100% time served
First degree murder, Terrorism, and Natural Life Sentences.
85% Automatic time served
Attempt first-degree murder, Predatory criminal sexual assault of a child, Aggravated battery with a firearm, Aggravated domestic battery, and Aggravated DUI (involving Great Bodily Harm).
85% time served if the court makes a specific finding of Great Bodily Harm at sentencing.
Home invasion, Armed robbery, and Armed violence (category I or II weapon).
75% automatic
Gunrunning, Narcotics racketeering, Drug trafficking, and Class X convictions for delivery/possession with intent to deliver a controlled substance (100 grams or more).
The 60% Exception
For drug offenses carrying a 75% requirement, an individual may reduce their service to 60% through education and treatment.
However, gunrunning is an exception to the exception and stays at a mandatory 75%.
Incarceration Credits
This includes earned sentencing credits in the department of corrections.
Six month and One Year Rule
If you are serving Under 5-year sentence, you get 180 days off for good behavior
If you are serving over 5-year sentence, you get 365 days off for good behavior
These are awarded at the Director’s discretion after 60 days in department of corrections custody.
Time served in local jail counts toward this 60-day threshold.
Milestone Education Credits
Inmates may receive a one-time credit for reaching specific educational milestones while in the department of corrections or local jail:
High School Equivalency (GED): 90 days.
Associate’s Degree: 120 days.
Bachelor’s/Master’s/Professional Degree: 180 days.
Credits are not awarded for milestones already achieved prior to incarceration.
Programming and Work Assignments
Full-time Programs
Participation in substance abuse, behavioral modification, or life skills programs grants 1 day of credit for each day of engagement
Work/Volunteer Assignments
Participation in correctional industry assignments or self-improvement programs (AA/NA) grants 0.5 days of credit for each day.
Pro Rata Credits
If an inmate cannot complete a program due to reasons beyond their control (illness, lockdown, transfer), they may receive proportional credit.
Proof of Credit Requirements
Appellate courts are strict regarding the evidence required to grant programming credits. Simply providing a certificate of completion is often not enough.
Recent cases indicate that documentation must include:
Exact start and end dates.
A specific number of hours participated.
Details on the nature of the program to ensure it meets the "full-time" definition.
Evidence of "successful completion."
Note on Personal Activities: the court ruled that activities such as yoga, meditation, and playing chess are "personal activities" and do not qualify for sentencing credit as "self-improvement" programs.
Revocation of Credits
The department of corrections may revoke earned credits based on rules regarding inmate conduct.
An inmate cannot lose more than one year of credit for a single infraction.
Frivolous Lawsuits: The department of corrections may revoke up to 180 days of credit if a court finds a lawsuit (Habeas, 1983 actions, subsequent post-conviction petitions, or DNA motions) to be frivolous.
A filing is frivolous if it:
lacks an arguable basis in law or fact.
is presented for an improper purpose (harassment/delay).
or contains factual contentions lacking evidentiary support.