CHICAGO (CBS)–A proposed law that would let judges factor in a defendant’s parenting responsibilities during sentencing is making its way through the Illinois legislature.

The parental detention legislation, introduced in February and approved by the House in April, would affect some parents facing jail time by reducing their time in custody, if a judge determines a reduction would benefit their kids.

Scales Of Justice

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If the measure is eventually passed into law, judges in the state would be able to consider releasing a defendant who is a parent from custody before their case commences.

A judge would need to determine the parent’s absence from home could cause harm to their child or children.

An exception would be made, according to the language of House Bill 2444, if the judge determines the parent’s release poses a “clear and serious risk of harm to a victim or the community.”