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Author Topic: Calculating Time on Sentence  (Read 8603 times)

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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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“Instead of thinking about what you're missing, try thinking about what you have that everyone else is missing.”

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.
"You are the missing piece I've been waiting all my life for.."