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SB1843 Engrossed |
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LRB096 10815 RLC 21499 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by |
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| changing Section 5-8-7 as follows:
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| (730 ILCS 5/5-8-7) (from Ch. 38, par. 1005-8-7)
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| Sec. 5-8-7. Calculation of Term of Imprisonment.
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| (a) A sentence of imprisonment shall commence on the date |
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| on which
the offender is received by the Department or the |
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| institution at which
the sentence is to be served.
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| (b) Except as set forth in subsection (e), the The offender |
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| shall be given credit on the determinate
sentence or maximum |
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| term and the
minimum period of imprisonment for time spent in |
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| custody as a
result of the offense for which the sentence was |
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| imposed, at
the rate specified in Section 3-6-3 of this Code.
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| Except when prohibited by subsection (d),
the trial court may |
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| give credit to the defendant for time spent in home
detention, |
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| or when the defendant has been confined for psychiatric or |
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| substance
abuse treatment prior to judgment, if the court finds |
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| that the detention or
confinement was custodial.
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| (c) An offender arrested on one charge and prosecuted on |
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| another
charge for conduct which occurred prior to his arrest |
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| shall be given
credit on the determinate sentence or maximum |
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SB1843 Engrossed |
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LRB096 10815 RLC 21499 b |
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| term and the minimum
term of imprisonment for time spent in |
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| custody under the former
charge not credited against another |
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| sentence.
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| (d) An offender sentenced to a term of imprisonment for an |
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| offense listed
in paragraph (2) of subsection (c) of Section |
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| 5-5-3 of this Code, or for an offense listed in subdivision |
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| (d)(2)(c) of Section 11-501 of the Illinois Vehicle
Code that |
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| was committed while the offender's driving privileges were |
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| revoked or suspended as provided in subdivision (d)(1)(G) of |
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| that Section, shall not
receive credit for time spent in home |
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| detention prior to
judgment.
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| (e) An offender charged with the commission of an offense |
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| committed while on parole, mandatory supervised release, or |
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| probation shall not be given credit for time spent in custody |
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| under subsection (b) for that offense for any time spent in |
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| custody as a result of a revocation of parole, mandatory |
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| supervised release, or probation where such revocation is based |
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| on a sentence imposed for a previous conviction, regardless of |
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| the facts upon which the revocation of parole, mandatory |
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| supervised release, or probation is based, unless both the |
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| State and the defendant agree that the time served for a |
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| violation of mandatory supervised release, parole, or |
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| probation shall be credited towards the sentence for the |
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| current offense. |
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| (Source: P.A. 95-578, eff. 6-1-08.)
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| Section 99. Effective date. This Act takes effect upon |