Credit for time served on dismissed charges is possible, but Defendant wanted a little bit more credit for time served than he was entitled to. He filed a postconviction petition for 2 days credit he was not entitled to have.
People v. Clark, 2014 IL App (4th) 130331 (August).
Facts & Issue
For convenience lets say Defendant was charged with three offenses: A, B, & C. Charge “C” was filed in court after Charges “A” & “B”.
Defendant was sent to prison for charges A and B and charge C was dismissed. Defendant wanted the 2 days of time he was arrested and detained for under charge C to be applied to his IDOC sentence in charge A or B (which were running consecutively).
The Illinois Compiled Statutes section “CREDIT; TIME IN CUSTODY; FORMER CHARGE” under 730 ILCS 5/5-4.5-100(c) provides the following:
“An offender arrested on one charge and prosecuted on another charge for conduct that occurred prior to his or her 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.”
What the heck does this section mean?
Credit for Time Served on Dismissed Charges
The appellate court said that credit for time served on dismissed charges is available when a defendant is sentenced on a later charge for time spent in custody on an earlier charge. This is true so long as the time has not already been credited against another sentence. So long as the conduct in the later charge occurred prior to the arrest on the first charge.
Thus, the language of the statute does not allow for jail credit for time spent in custody on a subsequent chart that is dismissed.
Since, charge C was filed after charges A & B; Defendant was not entitled to the 2 days of sentence credit he was asking for.