|
|
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 |