Illinois lawmakers are considering whether people who complete rehabilitation or work programs while held in county jails should receive credit toward a future prison sentence.
The proposal – Illinois Senate Bill 3333 – was discussed Tuesday in the Illinois Senate Criminal Law and Public Safety Committee. The legislation would expand when sentencing credit can be awarded for programs completed before someone enters the Illinois Department of Corrections. Supporters say the change would recognize work people complete in county jails while awaiting trial, including substance-abuse treatment, parenting programs and work assignments.
“This bill is an attempt to clarify existing access to sentencing credits for programs being completed in the county jails,” sponsor Laura Ellman, D-Naperville, told lawmakers.
According to the new proposal, people held in pretrial detention could earn up to a half-day of sentence credit for each day they participate in self-improvement programs, volunteer work or certain work assignments that are not already eligible.
Ellman said the legislation responds to appellate court decisions that have created confusion about when programming done in county jails qualifies for sentencing credit.
“We believe the amendments are in line with the original intent of the law – to treat programming credit roughly the same whether it's completed in IDOC or in a county jail,” she said.
Ellman said sentencing credit would still be determined by a judge.
“It’s being decided by a sentencing judge who’s working in that county and who’s educated about the programming available in that county,” Ellman said.
Concerns from the bill’s opponents included how the proposal might affect existing requirements for substance-abuse treatment programs.
Jil Tracy, R-Quincy, questioned whether the bill could weaken guidelines that currently call for at least 60 days of participation in certain treatment programs.
“I’m just trying to make sure this bill doesn’t make it easier for somebody to be released earlier than they should be,” Tracy said during the hearing.
Illinois Department of Corrections (IDOC) and the Illinois Criminal Justice Information Authority (ICDIA) metadata show access to jail programs vary across the state with some counties holding dozens of people in pretrial detention at any given time, while others have hundreds.
The opportunities for substance abuse treatments, parenting programs, or work assignments differ sharply as well. The disparities are representative of the challenges lawmakers face in creating a consistent system for awarding credits before someone enters the IDOC.
Jamie Mosser, the Kane County state’s attorney, said prosecutors are watching the proposal closely.
“The goal in all this, pretrial credit for doing work, post-sentence credit for doing work is we want to encourage them to better themselves when they're in custody because what we know today is that a prisoner today is a, your neighbor tomorrow,” Mosser said.
“Every single jail provides different types of treatment and resources. Frankly, there may be some jails that provide absolutely none, and there are some jails that provide robust treatment that is evidence based,” she said.
Mosser also raised concerns that the proposal could reduce some existing program requirements.
“What this has done is it actually struck out that language about it being full time or even 60 hours of it. So, they're being allowed to do less work for more credit,” Mosser said.
Supporters say expanding access to rehabilitation programs can help reduce repeat offenses and improve public safety.
Ellman said research shows programming during incarceration can specifically help reduce recidivism by better preparing inmates to return to life outside of the IDOC.
“We do believe it is an important element of improving public safety,” said Ellman.
