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Author Topic: Calculating Time on Sentence  (Read 8597 times)

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Offline gman23

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Calculating Time on Sentence
« on: July 18, 2014, 06:05:43 PM »
what is 85% of a 5yr sentence with 260 days county time taken off

Offline tkesde1

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Re: time
« Reply #1 on: July 18, 2014, 06:42:58 PM »
It would depend on the Mittmus docs, but start with the custody date (the day he went into county) just figure 85% of 5 years & you should get your answer. Which would be 4 years & 3 months. 8.5 mo. Again, all counts on Mittmus.nths credit (roughly) -  another 3 years &  6.5 months (rough estimate without dates)
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Offline Forevermah

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Re: Calculating Time on Sentence
« Reply #2 on: July 18, 2014, 07:07:26 PM »
what is 85% of a 5yr sentence with 260 days county time taken off

5 years = 60 months @ 85% is 51 months minus 8 months 20 days country time = 42 months approximately 20 days ...     

He cannot earn any time off for classes/programs goodtime with an 85 % conviction, so he is going to do the 3 1/2 years and.
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Offline Marks_guy

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Re: Calculating Time on Sentence
« Reply #3 on: July 19, 2014, 08:35:11 AM »
His time does NOT start when entering county. It begins when IDOC gets him.

Offline StayinTrue2Him

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Re: Calculating Time on Sentence
« Reply #4 on: July 19, 2014, 10:57:43 AM »
His time does NOT start when entering county. It begins when IDOC gets him.
Really? What about 45 years at 85%?Isn't it 37 years?Tomorrow makes six years all together that my fiance has been away including county trime...So how much longer does that leave him?I thought 31 years until I read your post...
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Offline trauma4us

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Re: Calculating Time on Sentence
« Reply #5 on: July 19, 2014, 01:18:27 PM »
It varies.  My sons sentence did include county time, all of it counted.

Offline Forevermah

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Re: Calculating Time on Sentence
« Reply #6 on: July 19, 2014, 01:44:47 PM »
The reason MarksGuy time starts when you get to IDOC, is because some guys do not get credit for county time.  It all depends on the reason they are waiting in county and it should always be noted in the Mittimus, that the judge granted time served in county.

When brought back on a parole violation on new charges, the time waiting on the new charges does not count. If the inmate gets more time on his new conviction, then big time eats little time and he starts all over on the new conviction, with no credit for county.

A few years back, it is all here on IPT, there was a law suit about all this, I will see if I can find it and post the links for more information.
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Offline Forevermah

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Re: Calculating Time on Sentence
« Reply #7 on: July 19, 2014, 01:48:53 PM »
His time does NOT start when entering county. It begins when IDOC gets him.
Really? What about 45 years at 85%?Isn't it 37 years?Tomorrow makes six years all together that my fiance has been away including county trime...So how much longer does that leave him?I thought 31 years until I read your post...

45 years @ 85% is actuall 38 years and 20 + days, you were figuring in his credit for county time I am sure.
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Offline gman23

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Re: Calculating Time on Sentence
« Reply #8 on: July 19, 2014, 10:15:12 PM »
the what you call juge that he had did say he gets good time for being in county

Offline tkesde1

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Re: Calculating Time on Sentence
« Reply #9 on: July 20, 2014, 06:25:46 AM »
 If the Mittimus says he gets credit for time served in county, no need to contact the court, you can also see this on judici.com if your county uses judici.

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Offline Forevermah

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Re: Calculating Time on Sentence
« Reply #10 on: July 20, 2014, 07:27:38 AM »
the what you call juge that he had did say he gets good time for being in county

If he gets credit for his county time, then that should reflect on his out date on the IDOC website, it sometimes takes IDOC a little while to update that too, so if it doesn't show up right away, just keep an eye on it and it should at some point.
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Offline Khamp

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Re: Calculating Time on Sentence
« Reply #11 on: July 20, 2014, 08:34:42 AM »
My l/o was sentenced to 3 years on June 6th. On the IDOC website it shows they have already given him the 50% and the week in county.
I have heard from some unhappy family members that the 3 years was mandatory. If that were the case they wouldn't have given him the
50% would they? Or can this change now? I was in the courtroom and the judge didn't say it was mandatory. Thank you.

Offline Forevermah

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Re: Calculating Time on Sentence
« Reply #12 on: July 20, 2014, 08:41:51 AM »
My l/o was sentenced to 3 years on June 6th. On the IDOC website it shows they have already given him the 50% and the week in county.
I have heard from some unhappy family members that the 3 years was mandatory. If that were the case they wouldn't have given him the
50% would they? Or can this change now? I was in the courtroom and the judge didn't say it was mandatory. Thank you.

He got 3 years @50%, then he would do 18 months minus his county time.  He will have to do parole time too once he is out, but if he behaves himself and does what he is suppose to that could be cut in 1/2 too, all depends on him.
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Offline Marks_guy

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Re: Calculating Time on Sentence
« Reply #13 on: July 20, 2014, 09:25:39 AM »
 :wc96: Sorry I wasn't more specific. Most inmates are credited for time spent in county, depending on why they are there (picked up on a parole violation being one of the times they aren't). I meant to say that the SENTENCE does not start until they are in IDOC custody. That's why, when we help with calculations, we do the sentence @ __% minus county time.

Offline Khamp

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Re: Calculating Time on Sentence
« Reply #14 on: July 20, 2014, 10:12:29 AM »
I'm sorry   :wc96: My questions is if the outdate is for a year and a half  on the IDOC website under his name
would they change that now? They would have figured that out in receiving wouldn't they? Im just wondering if
the date will change now if it is already on there. Do they normal change the out date to a later time after they
have been in r&c ?

Offline Forevermah

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Re: Calculating Time on Sentence
« Reply #15 on: July 20, 2014, 10:54:47 AM »
I'm sorry   :wc96: My questions is if the outdate is for a year and a half  on the IDOC website under his name
would they change that now? They would have figured that out in receiving wouldn't they? Im just wondering if
the date will change now if it is already on there. Do they normal change the out date to a later time after they
have been in r&c ?

No, they would not change that, from your other post he got 3 years at 50% that would be 18 months.  Now if he gets into any kind of trouble, they could tack time on.
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Offline jejordan2014

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Re: Calculating Time on Sentence
« Reply #16 on: July 20, 2014, 11:11:19 PM »
I also have a question about the IDOC website and the out date thing. My husband was granted day for day for the time he served in the county he has been at Graham R&C for 6 days and they just have the 50% so they say 6 years so July 2020 how long does it usually take for them to update it to show his 6 months of county time he served??? Sorry for all the questions I am just a really stressed wife!!!
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Offline Forevermah

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Re: Calculating Time on Sentence
« Reply #17 on: July 21, 2014, 06:35:47 AM »
I also have a question about the IDOC website and the out date thing. My husband was granted day for day for the time he served in the county he has been at Graham R&C for 6 days and they just have the 50% so they say 6 years so July 2020 how long does it usually take for them to update it to show his 6 months of county time he served??? Sorry for all the questions I am just a really stressed wife!!!

He was granted time served in county, not day for day like in IDOC right?  If he is eligible, they will update his profile once they have gone through all that.   Keep an eye on it to be sure, otherwise he'll have to check into it. Also, his Mittimus should show that he was granted credit for that time.
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Offline jejordan2014

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Re: Calculating Time on Sentence
« Reply #18 on: July 21, 2014, 08:11:35 AM »
No he was granted day for day in the county. he was in there for 3 months so the judge said he will get 6 months off. I check the site every morning and every night sometimes in between LOL I just look at his pic.
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Offline Forevermah

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Re: Calculating Time on Sentence
« Reply #19 on: July 21, 2014, 09:20:50 AM »
No he was granted day for day in the county. he was in there for 3 months so the judge said he will get 6 months off. I check the site every morning and every night sometimes in between LOL I just look at his pic.

That doesn't happen. You need to get his mittimus. They I me get time for days not double. He should only get 3 months. Sorry on phone it should say only get.  Won't let me correct.
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Offline tkesde1

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Re: Calculating Time on Sentence
« Reply #20 on: July 21, 2014, 09:36:51 AM »
This is one of the many things that frustrates me about the legal process, it's not consistent in the wording and I don't think everyone fully understands within the legal system how each other works they use the same terms but they have different meaning.

I think when the judge says, he will get 6 months off his sentence (day for day), he is accurate, but is not explained well, it means the same as how IDOC calculates for a 50% sentence, take a 4 year sentence @ 50% for instance, that 3 months does count as 6 months in the overall scheme of things. 1/1/13 custody date, 4/1/13 admission date, projected parole date of 1/1/15.

However if the judge did not grant day for day for county. It would be 1/1/13 custody date, 4/1/13 admission date, 2/15/15 projected parole date (3 months not at 50%, 45 months at 50% for a grand total of 25.5 months).

As the family sitting in the courtroom, we hope and think what they are saying is: 1/1/13 custody date, 4/1/13 admission date, 7/1/14 projected parole date, as in 6 months off the 2 years of a 4 year sentence or 18 months.

I hope I didn't just make things worse, but it was one of the things I had to work hard to understand.
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Offline Forevermah

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Re: Calculating Time on Sentence
« Reply #21 on: July 21, 2014, 09:51:13 AM »
As long as I have been doing this I have never seen anyone get day for day county time. I will post more on this when back on other computer. There are court rulings on this. The judge can say something's IDOC and the law is final say.

They get day for day @50% conviction in IDOC not county.
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Offline Forevermah

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Re: Calculating Time on Sentence
« Reply #22 on: July 21, 2014, 10:46:48 AM »
Here is the ruling from back in January of 2011, when inmate Micheal Williams sued to get credit for his time he spent in county and won, in the Illinois Supreme Court.

  Since then the IDOC, depending on why the inmate was in county waiting for be sent to IDOC, gives credit for time spent in county.  They get one day for one day spent, not two days like their 50% conviction in IDOC.  Once they are in IDOC and their 50% starts, they then get day for day in IDOC,  so a 3 year conviction is now 18 months and anytime spent in county, if they spent 2 months in there, they get 2 months not 4.

http://www.illinoisprisontalk.org/index.php?topic=22085.0
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Offline Forevermah

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Re: Calculating Time on Sentence
« Reply #23 on: July 21, 2014, 11:18:14 AM »


Just so everyone understands when I say day for day, I mean you get one day for each day you are incarcerated in IDOC, this is what a 50% conviction does, it gives you credit for each day you serve cutting your sentence in half.

A 4 year sentence is 2 years minus any county time (if eligible) but that is straight time, not day for day.
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Offline StayinTrue2Him

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Re: Calculating Time on Sentence
« Reply #24 on: July 21, 2014, 06:06:50 PM »
What about when the sentence is 45 years at 85%.He did get his county time counted...It has been six years from the first day in county to now.
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Offline Forevermah

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Re: Calculating Time on Sentence
« Reply #25 on: July 21, 2014, 06:15:59 PM »
What about when the sentence is 45 years at 85%.He did get his county time counted...It has been six years from the first day in county to now.

I think I answered you above on this one..   http://www.illinoisprisontalk.org/index.php?topic=33112.msg250225#msg250225
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Offline StayinTrue2Him

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Re: Calculating Time on Sentence
« Reply #26 on: July 21, 2014, 06:32:24 PM »
My mistake,you absolutely did,Mah...It was on the previous page.I didn't see it the day it was posted...I went back and read it now.Thank you so much.
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Offline Forevermah

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Re: Calculating Time on Sentence
« Reply #27 on: July 22, 2014, 08:33:13 AM »
When someone spends 8- 9 -10 etc months in county waiting to go to IDOC, they should get that time, depending on why they are in, parole violations do not get time waiting to be moved back to IDOC or for a new trail, that is dead time for them.

County time is straight time, if you served 6 months in county, you get 6 months, not day for day (double) like you do in IDOC.

This is why Marks Guy said, your time doesn't start till you get to IDOC in regards to the day for day.  County time is not day x day, it is straight time.

 They will credit you for all days in county but if you do 112 days, you don't get 224, you get 112, exactly what you served, unlike IDOC if you do 100 days you get 200, providing you don't get into trouble, they can take time away too and providing it is a 50% conviction.   85% convictions is what it is, 85% of the total years of conviction and 85% convictions cannot earn time off for classes/programs or good time and then there is 100% where they serve all the sentence.  Both 85% and 100% still get any time they spent in county taken off, but again it is straight time, not double.




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Offline StayinTrue2Him

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Re: Calculating Time on Sentence
« Reply #28 on: July 22, 2014, 10:18:24 AM »
Thank you for the in-depth clarification on that....I wanted to make sure I have the most accurate calculation. I want to be prepared should we be faced with the rest of his sentence.I've known from the get go before we ever got together that there's a chance he won't win these appeals..We remain positive,but I am also ready for it to go the other way...and ready to stand by him regardless of how it all turns out.
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