People v. Brown, 2017 IL App (3d) 140907 (January). Episode 305 (Duration 3:42)

Defendant entitled to more credit for time served because he was in jail on another matter in a different county when the new charges and arrest warrant were issued.

Facts

Defendant was in Cook County Jail when they charged him with a home invasion in Will County.

41 Days later they transport him to Will County.

When he plead guilty to the Will County case he received credit for time served for all the time he was detained in Cook minus the 41 days.

Defendant was charged and a warrant was issued while defendant was in the custody of Cook County. Defendant never posted a bond on the warrant.

Issue

He says he is entitled to credit beginning when the warrant was issued.

Code of Corrections

The Unified Code of Corrections states, that “[an] offender shall be given credit on the determinate sentence or maximum term and the minimum period of imprisonment for the number of days spent in custody as a result of the offense for which the sentence was imposed.” 730 ILCS 5/5-4.5-100(b).

Analysis

Sentencing credit for time served is mandatory and a claim of error in calculating such credit cannot be forfeited.  

The reviewing court said he was in simultaneous custody for his Cook and Will cases starting from the date Will County issued the charges and their warrant.

An offender who is in simultaneous custody on two offenses is entitled to presentence custody credit on the newer offense beginning on the date he or she was charged and became subject to arrest.

Therefore, defendant is entitled to an additional 41 days of presentence custody credit.

But Warrant Was Never Served

In People v. Robinson, 172 Ill. 2d 452, 463 (1996), the court determined that a defendant is entitled to sentencing credit for both offenses when he is incarcerated on one charge and his bond is withdrawn or revoked on another charge as he is in simultaneous custody on both charges.

This court has extended the Robinson rule to give sentencing credit to a defendant at the time the defendant is charged and the arrest warrant is issued.

But the Fifth District has a case saying the warrant must be served before defendant can start to accrue credit. See People v. Seesengood, 266 Ill. App. 3d 351, 360 (1994).

See Also

Episode 234 – People v. Nesbit, 2016 IL App (3d) 140591 (September) (This Defendant Is Not Entitled To Credit Because He Never Revoked The Bond)