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.