Public Act 096-0427
 
SB1843 Enrolled LRB096 10815 RLC 21499 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Section 5-8-7 as follows:
 
    (730 ILCS 5/5-8-7)  (from Ch. 38, par. 1005-8-7)
    Sec. 5-8-7. Calculation of Term of Imprisonment.
    (a) A sentence of imprisonment shall commence on the date
on which the offender is received by the Department or the
institution at which the sentence is to be served.
    (b) Except as set forth in subsection (e), the The offender
shall be given credit on the determinate sentence or maximum
term and the minimum period of imprisonment for time spent in
custody as a result of the offense for which the sentence was
imposed, at the rate specified in Section 3-6-3 of this Code.
Except when prohibited by subsection (d), the trial court may
give credit to the defendant for time spent in home detention,
or when the defendant has been confined for psychiatric or
substance abuse treatment prior to judgment, if the court finds
that the detention or confinement was custodial.
    (c) An offender arrested on one charge and prosecuted on
another charge for conduct which occurred prior to his arrest
shall be given credit on the determinate sentence or maximum
term and the minimum term of imprisonment for time spent in
custody under the former charge not credited against another
sentence.
    (d) An offender sentenced to a term of imprisonment for an
offense listed in paragraph (2) of subsection (c) of Section
5-5-3 of this Code, or for an offense listed in subdivision
(d)(2)(c) of Section 11-501 of the Illinois Vehicle Code that
was committed while the offender's driving privileges were
revoked or suspended as provided in subdivision (d)(1)(G) of
that Section, shall not receive credit for time spent in home
detention prior to judgment.
    (e) An offender charged with the commission of an offense
committed while on parole, mandatory supervised release, or
probation shall not be given credit for time spent in custody
under subsection (b) for that offense for any time spent in
custody as a result of a revocation of parole, mandatory
supervised release, or probation where such revocation is based
on a sentence imposed for a previous conviction, regardless of
the facts upon which the revocation of parole, mandatory
supervised release, or probation is based, unless both the
State and the defendant agree that the time served for a
violation of mandatory supervised release, parole, or
probation shall be credited towards the sentence for the
current offense.
(Source: P.A. 95-578, eff. 6-1-08.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.