Politics

Some People in Illinois Jails Don’t Receive Sentence Credit for Programs. A Bill Seeks to Change That.

For those incarcerated in Illinois jails awaiting trial, whether or not they earn credit that gives them time off their prison sentence can sometimes come down to a judge’s interpretation of a single word. 

Currently, it’s a toss-up how judges interpret a line in an Illinois state statute that states any “prisoner” engaged in certain programming, like substance abuse or educational classes, can earn time off their sentence via sentence credit. 

Some judges understand the word “prisoner” to mean all incarcerated people, both those serving a sentence in prison or pretrial in jail, are eligible to earn credit. Others take the phrase literally, and do not think those who are not actually in prison are eligible to earn credit after a program’s completion.

A pair of Illinois bills seeks to clarify the language in that statute, aiming to ensure that after program completion, judges can issue sentence credit, whether it was completed in a state prison or a county jail. 

“This bill is really a clarifying bill for something that already exists, ensuring people who are pretrial get days credited for programming that they’re conducting while they are facing charges,” said Alexis Mansfield, director of policy and special projects with the Women’s Justice Institute, who supports the bill. 

The bill, introduced by state Sen. Laura Ellman (D-Naperville), passed out of the Senate’s Criminal Law Committee earlier in March. The companion bill introduced by state Rep. Norma Hernandez (D-Melrose Park) passed out of the House Judiciary’s Criminal Committee on Tuesday. Ellman said she had never introduced any criminal justice-related bills before, but became concerned with the issue after visits to Stateville Correctional Center and other facilities.

“I’ve seen how programs, classroom settings can really have an impact on people who are incarcerated,” Ellman said. “Incentivizing people to do this using credits to their sentence is a win-win.”

The bill specifically adds language beyond “prisoner,” and states that any “inmate who was held in pretrial detention prior to his or her confinement to the Department of Corrections” who had completed programming should receive those credits from a judge.

The bill has gotten pushback from the Illinois State’s Attorney’s Association. 

Jamie Mosser, president of the association and the State’s Attorney of Kane County, said while her county has robust programming, jails a “couple counties south” from them, might not. Mosser suggested that those incarcerated in those facilities could therefore receive credits for programs that are comparatively not as robust as Kane County’s.

About an hour southwest of Chicago, Grundy County Public Defender Mike Olewinski supports the bill, saying that he’d prefer to see funding resources distributed equitably throughout the state to offset counties that don’t have the same resources as larger ones.

“I think that’s a criticism you can apply to almost any program, because the size of a county is going to dictate what the resources are,” Olewinski said.

Mosser said she’s concerned the bill allows the Illinois Department of Corrections to issue credit on top of what a sentencing judge might have issued. But Mansfield said it’s a misunderstanding of the bill, and that this would only allow the sentencing judge to award sentencing credits — not the Department of Corrections. 

The Illinois Department of Correction has officially taken no position on the bill. The Cook County State’s Attorney’s Office declined to comment. 

Additionally, the bills aim to expand the range of courses that people held in pretrial custody stand to receive sentencing credit for. Under the bill, completion of parenting programs and work assignments, which do not currently count towards sentencing, would also help people shave time off of their sentence. Mansfield said it disadvantages women to not include these programs as eligible. 

“Telling them that they have to choose between these programs, which maybe (Department of Children and Family Services) or somebody else is requiring … that disproportionately impacts women that they have to choose between that and some other program that would give them days off of their sentence,” Mansfield said.

The bill would also remove the language about the program length. Previously, to qualify for credit, a person had to complete a “full-time, 60 day or longer” program — the bills would remove that language. 

“What we’re seeing in the case law is that it means someone who completes a 40-day program in 40 days might be denied credit, but someone who completes a 40-day program in a 65 day period might be granted credit,” Sharlyn Grace of the Cook County Public Defender’s Office said in a recent legislative hearing on the bill. “There’s very rigid language right now in the statute that just doesn’t reflect the realities of how people may be able to access programs in county jails.”

Eric Dorsey, the director of Ministries for Community Freedom, said he decided to support the bill after seeing the impact of programming in jails. He said he’s seen people “restart their lives” due to their jail ministry programming in the DuPage County Jail. The bill might incentivize incarcerated people to take classes that could launch people “into a completely different trajectory in their life,” as he said he’s seen.

“(This bill) is a small part, but it’s an important part that incentivizes change,” Dorsey said. “It incentivizes men and women to embrace transformation.”

Contact Blair Paddock: @blairpaddock.bsky.social‬ | [email protected]

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