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Author Topic: 50%, 85%, or 100% Sentencing Guidelines Chart  (Read 120287 times)

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Offline Dazzler

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50%, 85%, or 100% Sentencing Guidelines Chart
« on: March 09, 2007, 12:22:13 PM »
We receive many questions about 50, 85 and 100%  truth in sentencing guidelines.  Our attorney member smfchicago has supplied this information.  The crimes and the dates the Truth in Sentencing took effect follow each listing.  Some classes X's receive 50% sentences, that is, day for a day good time:  

Here is her reply about TIS:

Hello -

Technically, TIS is not applicable to all violent felonies; that is a misunderstanding of the law. It is applicable to certain enumerated offenses, including many violent felonies.

First, you have to figure out if the crime falls under the truth in sentencing statute, and if so, whether it is subject to 85% or 100%. Second, if the date of the offense, not the date of conviction or sentencing, is on or after June 19, 1998, your guy is subject to truth in sentencing, IF it is one of the enumerated offenses.

If he committed the crime prior to June 19, 1998, he gets day for day good time, regardless of whether the classification of crime is subject to truth in sentencing.

Second degree murder is not subject to truth in sentencing, although other crimes we may not think of as "violent" per se, such as reckless homicide, aka drunk driving that results in death of someone, are.

Finally, it is in fact true that sometimes prisoners know more about the law than law enforcement and attorneys. I am an attorney and often rely on prisoners who have meticulously studied the law to help me or explain to me theories or statutes that may sometimes be difficult to figure out.

I am attaching a chart breaking down the enumerated TIS offenses and their corresponding rate.

Smf






Truth-in-Sentencing (TIS):  Offenses, Amount of Sentence, and Effective Dates

Offense   TIS   Offense Committed on or After:
First Degree Murder   100 %   6/19/98
Terrorism   100%   6/19/98
Attempt First Degree Murder   85%   6/19/98
Solicitation of Murder   85%   6/19/98
Solicitation of Murder for Hire   85%   6/19/98
Intentional Homicide of an Unborn Child   85%   6/19/98
Predatory Criminal Sexual Assault of a Child (under age 13)   85%   6/19/98
Aggravated Criminal Sexual Assault   85%   6/19/98
Criminal Sexual Assault (includes, but not limited to children at least 13 but under18)   85%   6/19/98
Aggravated Kidnapping   85%   6/19/98
Aggravated Battery with a Firearm   85%   6/19/98
Heinous Battery   85%   6/19/98
Aggravated Battery of a Senior Citizen (60 or older)   85%   6/19/98
Aggravated Battery of a Child (under age 13)   85%   6/19/98
Home Invasion + GBH# GBH = Great bodily harm#   85%   6/19/98
Armed Robbery + GBH   85%   6/19/98
Aggravated Vehicular Hijacking + GBH   85%   6/19/98
Aggravated Discharge of a Firearm + GBH   85%   6/19/98
Armed Violence with a Category 1 or Category 2 Weapon + GBH   85%   6/19/98
Reckless Homicide, under 9-3(e)   85%   7/15/99
Aggravated Driving Under the Influence of Drugs or Alcohol   85%   7/15/99
Aggravated Battery with a Machine Gun with a Silencer or  Aggravated Battery with a Firearm with a Silencer   85%   7/15/99
Aggravated Arson   85%   7/27/01
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Offline wifey

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #1 on: April 15, 2007, 12:59:40 PM »
I still am not clear on this.  Does this mean that there is NO time off for the 85% sentences?  I thought that I read a statute here somewhere that if you were convicted of a crime that falls in this category, there is a 4.5 day/month good time credit.  Am I ready this correctly?

Offline downtownchicago

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #2 on: April 15, 2007, 01:27:36 PM »
The 4.5 days/month credit produces the 85%.    WIth 4.5 days credited each month and presuming 30 days in a month, the inmate will only do 25.5 days each month.  25.5/30 = 85%

Offline Scout

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #3 on: April 15, 2007, 01:44:56 PM »
On a four year sentence, at 85% the inmate serves approximately 3-1/2 years.  If the sentences are consecutive, he'll serve that time for each sentence, less any extra good time.
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Offline TinkerBella

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #4 on: April 15, 2007, 10:15:10 PM »
I also believe that 85 % cases are only able to get the 3monthes Meritorious goodtime, their not eligible for any other good time credits.
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Offline Scout

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #5 on: April 16, 2007, 05:34:20 AM »
85% cases are not eligible for MGT, unfortunately.  This is what our attorney member smfchicago explains on good time:

There are four types of statutory credit elgibile inmates can get.

1.  SGT or Statutory Good Time: that's day for day for all non TIS prisoners, and 4.5 for every month for TIS guys at 85%.

2.  MGT or meritorious good time: 180 days up to director's discretion.  However, certain offenses (most of the TIS offenses and then some) are only eligible for 90 days worth of MGT (this applies to people who were sentenced to what are now TIS crimes, but because they are under the old law, are still eligible for good time).  Current TIS prisoners are ineligible for ANY MGT.

3.  EGCC or Earned Good Conduct Credit: this is what you get for participating in substance abuse programs, having a job in Correctional industry or going to school. You get 1.25  x whatever SGT you get upon completion of the program if you participate in the program before 8/1/1993; after that, multiply your SGT by 1.5.  TIS guys are ineligible, as are people sentenced to EHM, boot camp or someone who has had a prior felony conviction in an adult prison.

4.  GED Good time: This is fairly new, and has the same limits as EGCC - gives an inmate who completes his or her GED in prison and additional 60 days of good time credit. Prisoners must receive his or GED while incarcerated in order to get the 60 days credit.

TIS = Truth in Sentencing which went into effect in 1998.
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Offline smfchicago

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #6 on: April 16, 2007, 10:48:59 AM »
SCout & Kim are both right:

If you are convicted of an offense that is now a TIS offense, but you committed the crime prior to June 19, 1998, you are elgible for only 90 days of MGT. If you committed a crime that is now TIS crime, you are ineligible for any mgt.


Offline downtownchicago

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #7 on: April 16, 2007, 02:20:00 PM »
I hate that GED credit.  It's very unfair !  An inmate shouldn't be punished because he was incarcerated after getting his HS diploma or GED.  There should be an equitable alternative for those inmates.

Offline JDsMom

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #8 on: July 05, 2007, 02:28:28 PM »
Has anyone heard any rumors, stories about the Gov. signing some new sentencing laws ?????? There's talk going around Pinkneyville about it, and was curious if it is true or just one of those rumors that seem to float around the cellblocks LOL
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Offline RicosChica

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #9 on: September 10, 2007, 02:50:16 PM »
Hello there. this good time is really confusnig. can someone explain something to me.
my boy got day for day on a 23 year sentence.
the idoc says custody date of 01-04-1998 (at the bottom) "sentencing"
however above that says it began 12-28-1998/ i have no idea how long he was in county. (11 month difference)
his out date said 07-04-2009.  
they awarded him good time credit (90 days) so it now says 04-04-09.

where would they apply the 6 months to? does this mean he gets out 10/04/08
and in the 11 months he was fighting his case jan to dec 1998 does he get full credit for that as well. (county time)

he told me the idoc dates are wrong. i'm trying to figure out when to expect this boy.
would springfield have actual information?
thank you!!!!!!

Offline Dazzler

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #10 on: September 10, 2007, 04:45:33 PM »
Yes, it is confusing and the IDOC doesn't keep their information up to date on out dates....they add the good time when they feel like it...

His time spent in county should be deducted from his sentence....Here's how to come up with an approximate out date.  Divide his 23 years in half.  If he didn't lose any time for tickets or have any good time taken away you can then subtract another six months for good conduct.  If the 90 days you mention is for schooling or programs then deduct that also.  If its just for good time credit than that is part of the overall six months that will be awarded.  His county time should be deducted also.  That is usually deducted by the IDOC during reception...if it hasn't been then contact Springfield.  I figure his release date is July 4, 08 - minus whatever county time he did....if he did in fact spend 11 months in County he should have been released last month. 
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Offline foreverurs07

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #11 on: October 05, 2007, 09:18:48 AM »
My guy was charged with armed robbery and he is sentenced to 6 years. They said that he is going to serve 2 1/2 of the 6 years. Is he eligible for any good time. I really don't understand how any of it works. Can anyone help me?
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Offline Dazzler

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #12 on: October 05, 2007, 09:28:37 AM »
Welcome to IPT.  Your guy seems to already have his good time figured.  Good Time is the day for a day he will serve.  A six year sentence is eligible for 1/2 off and an additional six months for overcrowding.  As long as he doesn't receive any disciplinary charges and loss of time he should be out in the 2 1/2 years.  I'm not sure if he'd be eligible for school/program credit.  Usually any violent crime is not eligible. 
~ "I have visited some of the best and the worst prisons and have never seen signs of coddling, but I have seen the terrible results of the boredom and frustration of empty hours and pointless existence." ~ US Supreme Court Justice Warren Burger

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Offline wifey

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #13 on: October 05, 2007, 04:56:34 PM »
My h's IDOC site says that he was brought in on March of 2007 but he had served in a county jail since Dec. of 2006.  They have his out date as 2/30/2034.  Since when does February have 30 days?  Is his county time taken off as time served?

Offline Dazzler

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #14 on: October 05, 2007, 05:05:15 PM »
We're talking about the IDOC here wifey...LOL..not brain surgeons...I'll bet there are many employees who think February has 30 days....LOL   So does this mean he'll never get out?  That's like having a b'day on the 29th in Leap Year.  Hopefully someone will catch it and change the date...or you could send an email and ask them what's up with their figuring...LOL

The judge should have ordered his county time deducted as time served...but they don't HAVE to....you'd have to see his sentencing papers...
~ "I have visited some of the best and the worst prisons and have never seen signs of coddling, but I have seen the terrible results of the boredom and frustration of empty hours and pointless existence." ~ US Supreme Court Justice Warren Burger

~ "An eye for an eye makes the whole world blind."
~ Mahatma Gandhi

Offline Scout

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #15 on: October 05, 2007, 05:14:07 PM »
His county time should automatically be deducted..if he's not getting credit for it, a motion needs to go before the judge.  By law, any time served pre-trial is counted towards the sentence.
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Offline Dazzler

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #16 on: October 05, 2007, 05:18:36 PM »
You mean I'm wrong Scout...???? fait   :-D
~ "I have visited some of the best and the worst prisons and have never seen signs of coddling, but I have seen the terrible results of the boredom and frustration of empty hours and pointless existence." ~ US Supreme Court Justice Warren Burger

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~ Mahatma Gandhi

Offline Scout

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #17 on: October 05, 2007, 05:23:18 PM »
LOL, I wasn't gonna go there. :)

I believe it's even written in the statutes somewhere...
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Offline wifey

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #18 on: October 06, 2007, 08:00:49 AM »
My h. says that the sentencing papers which he has an I have never seen, do state that he got credit for time served as well as the time he was taken into custody before we posted bond.  Thanks scout!  Dazzler, I know what you mean about IDOC. What a goofy system!  I don't trust that all the i's are dotted and t's are crossed on any legal documents.  I am like a fly on s**t when it comes to making sure that all the details are taken care of!!!

Offline Dazzler

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #19 on: October 06, 2007, 09:29:30 AM »
Damn, I hate being wrong....so I did some research.  This is all I found about time-served from the Unified Code of Corrections in the Illinois Statutes, regarding sentencing  (Scroll near the bottom):

HB2478 Enrolled                      LRB093 02439 RLC 02447 b

    AN ACT in relation to 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 5-4-1 as follows:

    (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
    Sec. 5-4-1.  Sentencing Hearing.
    (a)  Except  when  the  death  penalty  is  sought  under
hearing procedures otherwise specified, after a determination
of guilt, a hearing shall be held  to  impose  the  sentence.
However, prior to the imposition of sentence on an individual
being  sentenced  for  an  offense  based upon a charge for a
violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance, the  individual  must
undergo  a professional evaluation to determine if an alcohol
or other drug abuse problem exists and the extent of  such  a
problem.   Programs  conducting  these  evaluations  shall be
licensed by the Department of Human  Services.   However,  if
the  individual is not a resident of Illinois, the court may,
in its discretion, accept an evaluation from a program in the
state of such individual's residence. The court  may  in  its
sentencing  order approve an eligible defendant for placement
in a Department of Corrections impact  incarceration  program
as  provided  in  Section 5-8-1.1 or 5-8-1.3.  At the hearing
the court shall:
         (1)  consider the evidence, if  any,  received  upon
    the trial;
         (2)  consider any presentence reports;
         (3)  consider  the financial impact of incarceration
    based on the financial impact statement  filed  with  the
    clerk of the court by the Department of Corrections;
         (4)  consider  evidence  and  information offered by
    the parties in aggravation and mitigation;
         (5)  hear arguments as to sentencing alternatives;
         (6)  afford the defendant the opportunity to make  a
    statement in his own behalf;
         (7)  afford  the  victim  of  a  violent  crime or a
    violation of Section 11-501 of the Illinois Vehicle Code,
    or a  similar  provision  of  a  local  ordinance,  or  a
    qualified  individual  affected  by:   (i) a violation of
    Section  405,  405.1,  405.2,  or  407  of  the  Illinois
    Controlled Substances Act,  or  (ii)  a  Class  4  felony
    violation of Section 11-14, 11-15, 11-17, 11-18, 11-18.1,
    or  11-19  of the Criminal Code of 1961, committed by the
    defendant the opportunity to make a statement  concerning
    the  impact  on  the  victim  and  to  offer  evidence in
    aggravation or mitigation; provided  that  the  statement
    and  evidence  offered  in aggravation or mitigation must
    first be prepared in  writing  in  conjunction  with  the
    State's Attorney before it may be presented orally at the
    hearing.  Any  sworn  testimony  offered by the victim is
    subject to the defendant's right  to  cross-examine.  All
    statements  and evidence offered under this paragraph (7)
    shall become part of the record of the  court.   For  the
    purpose  of  this  paragraph  (7), "qualified individual"
    means any person who  (i)  lived  or  worked  within  the
    territorial  jurisdiction  where  the  offense took place
    when the offense took place; and (ii)  is  familiar  with
    various public places within the territorial jurisdiction
    where the offense took place when the offense took place.
    For  the  purposes  of  this  paragraph  (7),  "qualified
    individual"  includes any peace officer, or any member of
    any duly organized State, county, or municipal peace unit
    assigned  to  the  territorial  jurisdiction  where   the
    offense took place when the offense took place; and
         (8)  in   cases  of  reckless  homicide  afford  the
    victim's spouse, guardians, parents  or  other  immediate
    family members an opportunity to make oral statements.
    (b)  All  sentences  shall  be imposed by the judge based
upon his independent assessment  of  the  elements  specified
above  and  any  agreement  as  to  sentence  reached  by the
parties.  The judge who presided at the trial  or  the  judge
who  accepted  the  plea  of guilty shall impose the sentence
unless he is no longer sitting as  a  judge  in  that  court.
Where  the judge does not impose sentence at the same time on
all defendants  who  are  convicted  as  a  result  of  being
involved  in  the  same offense, the defendant or the State's
Attorney may advise the sentencing court of  the  disposition
of any other defendants who have been sentenced.
    (c)  In imposing a sentence for a violent crime or for an
offense  of  operating  or  being  in  physical  control of a
vehicle while under the influence of alcohol, any other  drug
or any combination thereof, or a similar provision of a local
ordinance,  when such offense resulted in the personal injury
to someone other than the defendant, the  trial  judge  shall
specify  on  the record the particular evidence, information,
factors in mitigation and aggravation or other  reasons  that
led to his sentencing determination. The full verbatim record
of  the  sentencing  hearing shall be filed with the clerk of
the court and shall be a public record.
    (c-1)  In  imposing  a  sentence  for  the   offense   of
aggravated   kidnapping  for  ransom,  home  invasion,  armed
robbery, aggravated vehicular hijacking, aggravated discharge
of a firearm, or armed violence with a category I  weapon  or
category  II  weapon, the trial judge shall make a finding as
to whether the conduct leading to conviction for the  offense
resulted  in  great  bodily harm to a victim, and shall enter
that finding and the basis for that finding in the record.
    (c-2)  If the defendant is  sentenced  to  prison,  other
than  when  a  sentence  of  natural  life  imprisonment or a
sentence of death is imposed, at the  time  the  sentence  is
imposed the judge shall state on the record in open court the
approximate  period  of  time  the  defendant  will  serve in
custody according to the then  current  statutory  rules  and
regulations  for  early  release  found  in Section 3-6-3 and
other related provisions of this  Code.   This  statement  is
intended  solely to inform the public, has no legal effect on
the defendant's actual release, and may not be relied  on  by
the defendant on appeal.
    The  judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one  of
the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
shall include the following:
    "The purpose of this statement is to inform the public of
the  actual  period of time this defendant is likely to spend
in prison as a result of this sentence.  The actual period of
prison time served is determined by the statutes of  Illinois
as  applied  to  this  sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board.  In  this
case,  assuming the defendant receives all of his or her good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up to  180  days  additional  good
conduct  credit  for  meritorious service.  If the defendant,
because of his or her own misconduct  or  failure  to  comply
with  the  institutional  regulations, does not receive those
credits, the actual time served in  prison  will  be  longer.
The  defendant  may  also  receive an additional one-half day
good  conduct  credit  for  each  day  of  participation   in
vocational,   industry,   substance  abuse,  and  educational
programs as provided for by Illinois statute."
    When the sentence is imposed  for  one  of  the  offenses
enumerated  in  paragraph (a)(3) of Section 3-6-3, other than
when  the  sentence  is  imposed  for  one  of  the  offenses
enumerated in paragraph (a)(2) of Section 3-6-3 committed  on
or  after  June 19, 1998, and other than when the sentence is
imposed for reckless homicide as defined in subsection (e) of
Section 9-3 of the Criminal Code of 1961 if the  offense  was
committed  on  or  after January 1, 1999, and other than when
the sentence is imposed for aggravated arson if  the  offense
was  committed  on  or  after  the  effective  date  of  this
amendatory  Act  of  the  92nd  General Assembly, the judge's
statement, to be given after pronouncing the sentence,  shall
include the following:
    "The purpose of this statement is to inform the public of
the  actual  period of time this defendant is likely to spend
in prison as a result of this sentence.  The actual period of
prison time served is determined by the statutes of  Illinois
as  applied  to  this  sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board.  In  this
case,  assuming the defendant receives all of his or her good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up  to  90  days  additional  good
conduct  credit  for  meritorious service.  If the defendant,
because of his or her own misconduct  or  failure  to  comply
with  the  institutional  regulations, does not receive those
credits, the actual time served in  prison  will  be  longer.
The  defendant  may  also  receive an additional one-half day
good  conduct  credit  for  each  day  of  participation   in
vocational,   industry,   substance  abuse,  and  educational
programs as provided for by Illinois statute."
    When the sentence is imposed  for  one  of  the  offenses
enumerated  in  paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the  offense  was  committed  on  or
after  June  19,  1998,  and when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3
of the Criminal Code of 1961 if the offense was committed  on
or  after  January  1, 1999, and when the sentence is imposed
for aggravated arson if the offense was committed on or after
the effective date of this amendatory Act of the 92nd General
Assembly,  the  judge's  statement,   to   be   given   after
pronouncing the sentence, shall include the following:
    "The purpose of this statement is to inform the public of
the  actual  period of time this defendant is likely to spend
in prison as a result of this sentence.  The actual period of
prison time served is determined by the statutes of  Illinois
as  applied  to  this  sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board.  In  this
case, the defendant is entitled to no more than 4 1/2 days of
good  conduct credit for each month of his or her sentence of
imprisonment.  Therefore, this defendant will serve at  least
85%  of his or her sentence.  Assuming the defendant receives
4 1/2 days credit for each month of his or her sentence,  the
period  of  estimated  actual  custody  is  ... years and ...
months.   If  the  defendant,  because  of  his  or  her  own
misconduct  or  failure  to  comply  with  the  institutional
regulations receives lesser credit, the actual time served in
prison will be longer."
    When a sentence of  imprisonment  is  imposed  for  first
degree  murder and the offense was committed on or after June
19,  1998,  the  judge's  statement,  to   be   given   after
pronouncing the sentence, shall include the following:
    "The purpose of this statement is to inform the public of
the  actual  period of time this defendant is likely to spend
in prison as a result of this sentence.  The actual period of
prison time served is determined by the statutes of  Illinois
as  applied  to  this  sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board.  In  this
case,  the  defendant is not entitled to good conduct credit.
Therefore, this defendant will  serve  100%  of  his  or  her
sentence."
    (d)  When the defendant is committed to the Department of
Corrections,  the  State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency  or  institution  to
which  the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with  all
other factual information accessible to them in regard to the
person  prior  to  his  commitment  relative  to  his habits,
associates, disposition and reputation and  any  other  facts
and  circumstances  which  may aid such department, agency or
institution during its custody of  such  person.   The  clerk
shall  within  10  days  after  receiving any such statements
transmit a copy to such department, agency or institution and
a copy to the other party, provided, however, that this shall
not be cause  for  delay  in  conveying  the  person  to  the
department,  agency  or  institution  to  which  he  has been
committed.
    (e)  The  clerk  of  the  court  shall  transmit  to  the
department, agency or  institution,  if  any,  to  which  the
defendant is committed, the following:
         (1)  the sentence imposed;
         (2)  any  statement  by  the  court of the basis for
    imposing the sentence;
         (3)  any presentence reports;
        (4)  the number of days, if any, which the defendant
    has been in custody and  for  which  he  is  entitled  to
    credit  against  the sentence, which information shall be
    provided to the clerk by the sheriff;
   
       
              (4.1)  any finding of great bodily harm made by  the
    court with respect to an offense enumerated in subsection
    (c-1);
         (5)  all  statements  filed  under subsection (d) of
    this Section;
         (6)  any  medical  or  mental  health   records   or
    summaries of the defendant;
         (7)  the   municipality  where  the  arrest  of  the
    offender or the commission of the offense  has  occurred,
    where  such  municipality  has  a population of more than
    25,000 persons;
         (8)  all statements made and evidence offered  under
    paragraph (7) of subsection (a) of this Section; and
         (9)  all  additional matters which the court directs
    the clerk to transmit.
(Source: P.A. 91-357,  eff.  7-29-99;  91-899,  eff.  1-1-01;
92-176, eff. 7-27-01; 92-806, eff. 1-1-03; revised 9-18-02.)



Effective Date: 01/01/04
~ "I have visited some of the best and the worst prisons and have never seen signs of coddling, but I have seen the terrible results of the boredom and frustration of empty hours and pointless existence." ~ US Supreme Court Justice Warren Burger

~ "An eye for an eye makes the whole world blind."
~ Mahatma Gandhi

Offline Locasarai80

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #20 on: November 07, 2007, 03:50:53 PM »
ok i have a question....my bf got charged with aggrivated DUI his 3rd offence...he got 4 years....how long will he serve?  I am so lost any help would be appriciated! ^%$#



Offline Dazzler

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #21 on: November 07, 2007, 04:13:35 PM »
He must serve 85% of his sentence.  That would knock 219 days off his sentence.  I believe he is also eligible for six months meritous good time, given at the discretion of the Director...for good behavior...

My math is failing me today...I think it's 219 days...LOL

The 15% and six months would set him free in about 2 years 11 months.
~ "I have visited some of the best and the worst prisons and have never seen signs of coddling, but I have seen the terrible results of the boredom and frustration of empty hours and pointless existence." ~ US Supreme Court Justice Warren Burger

~ "An eye for an eye makes the whole world blind."
~ Mahatma Gandhi

Offline Locasarai80

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #22 on: November 07, 2007, 08:56:57 PM »
 ..)thanks!  it wasn't as bad as i thought...i am so happy.  I was thinking he'd have to serve over three years...!  He sounded so down today on the phone..at least I got some good news.



Offline meme12

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #23 on: December 16, 2007, 12:49:19 PM »
 kdirt my guy goy 4 years but they say they addidin good time starting in jauary i thunk so he ben there since september 2006 and was getting out in mar 2008 will get get out in january cause he has no violent crime or discipline tickets nothing like that ?>



Offline fattycake

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #24 on: December 28, 2007, 09:30:03 PM »
My guy got 6years dec.6 with 84 days credit,For a drug case.When will he be getting out? ././/

Offline SMD

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #25 on: December 28, 2007, 09:40:27 PM »
If he got 50% that would be 3 years.... 6 months off for over crowding.... and the 84 county time....so almost 9 months off his 3 years then if he can get into a program to earn good time he can get even more time off

Hope I told this to you right...

                                                          SMD

Offline w8tn4hm

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #26 on: December 28, 2007, 09:53:09 PM »
Dazzler is really good at this...here is my best guess.

A 6 year sentence on a drug case should mean that he only has to serve 50% of his sentence. That would be 3 years minus 84 days for time already served, and then minus another possible 6 months for good time.  I believe that should put his outdate somewhere around March or April of 2010.  He also may be eligible for classes or programs participated in.

W8


Offline JBirdsGirl1970

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #27 on: January 31, 2008, 08:50:16 PM »
My Husband Was Charged with two Offences.. One offence for 7 years and the other for 5 years he has to serve 85% of that time... He did serve 28 days before this incarseration also he is in school now.. Does he get days off for that or any good time?

Offline Forevermah

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #28 on: January 31, 2008, 08:58:03 PM »
Welcome to IPT Jbirds, unfortunately 85% sentences are not eligible for MGT- Meritorious  Good Time or any credits for school or classes he might attend.  He should get those 28 days though.   Are they running his sentences together or does he have to serve them separately?
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Offline JBirdsGirl1970

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #29 on: January 31, 2008, 09:00:53 PM »
They are running them together....

Offline Forevermah

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #30 on: January 31, 2008, 09:21:24 PM »
Does the IDOC site reflect his out date @ 85% minus his 28 days ?
Do not value the "things" you have in your life - value "who" you have in your life....



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

Offline JBirdsGirl1970

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #31 on: January 31, 2008, 09:42:09 PM »
I'm not sure all new to this and totaly cunfused.... He was sentenced to 12 years and has to serve 85% of that time... His Custody date is: 2007 [edited by admin] - Projected Parole date: /2016 - and Discharge From Parole is: /2018 .... And 1 offence is a Class1 and the other a Class 2

Offline Forevermah

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #32 on: January 31, 2008, 10:00:53 PM »
If he was sentenced to 12 years in 2007 @ 85% would put him at the 2016 date that they apparently have him projected at.   He will not get any MGT time because of the 85% law and they probably have his 28 days already figured into the 2016 date.   He will still  have to make the rest of the time up on parole till 2019.   

If you have any other questions, please ask.
Do not value the "things" you have in your life - value "who" you have in your life....



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

Offline 0ptimistic

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #33 on: February 06, 2008, 01:40:56 AM »
I'm reading all these posts and trying to figure this out on my own but it's kind of hard! So my hubby was sentenced to 6 yrs, recommended for boot camp but unfortunately didn't get it, he was transferred today to Shawnee, so now I'm trying to figure out how long he has left to go. His attorney did tell us he would do 50% of the 6 yrs if he was sent to prison.

He served 224 days in County and completed his GED there so I believe that's a 60 day credit, right now he has been in DOC custody as of Jan. 10., so 27 days so far. So when should he be getting out? I know he was working while he was in Stateville reception, does that give him any additional credits?

Is the county time day for day?

Basically I have read that most are granted an automatic 6 months off for overcrowding so then I have a total of 491 days so far. So I think that means he would have 604 days yet to do, which is still 1yr and 8 mos. I am really hoping county time isn't day for day and is at least doubled. Please help me out on this. I know a yr and 8 mos. is not the end of the world but it sucks so bad when we were expecting 120 days in boot camp!! *SIGH.....

Will he receive any additional credits??? What credits can he get and for how much time if he participates in a program there? I want him to be out of there as soon as possible. I know he'd do whatever it takes!

PLEASE HELP!!!
I believe everything happens for a reason. People change so that you can learn to let go, things go wrong so that you appreciate them when they are right, you believe lies so you eventually learn to trust no one but yourself, and sometimes good things fall apart so that better things can fall together...

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Offline Dazzler

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #34 on: February 06, 2008, 02:52:04 AM »
His six year sentence is reduced in half and less six months...that's 2 1/2 years...minus his full county time days...approx. 7 1/2 months.  That would leave him..umm....1 year, 10 1/2 months....

I have no idea if the IDOC gives a 60 day credit for obtaining a GED during county time.  They give a 90 credit if it's earned within the IDOC.  They also give blocks of credit for schooling and programs.  These can be earned in blocks of 30 days....
~ "I have visited some of the best and the worst prisons and have never seen signs of coddling, but I have seen the terrible results of the boredom and frustration of empty hours and pointless existence." ~ US Supreme Court Justice Warren Burger

~ "An eye for an eye makes the whole world blind."
~ Mahatma Gandhi

Offline 0ptimistic

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #35 on: February 06, 2008, 11:44:15 AM »
THANKS DAZZLER!

I really hope he does get some sort of credit for getting his GED in County. That would be awesome!
I believe everything happens for a reason. People change so that you can learn to let go, things go wrong so that you appreciate them when they are right, you believe lies so you eventually learn to trust no one but yourself, and sometimes good things fall apart so that better things can fall together...

~ M. Monroe

Offline carlswoman

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #36 on: February 06, 2008, 03:36:55 PM »
has anyone heard about a sentencing reduction that would reduce 85% offenses down to 50% and 50% down to 30%? my husband mentioned something about this i dont know if it is true or not. he said he should hear something about this in july. thanks for any help.

Offline Dazzler

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #37 on: February 06, 2008, 03:46:01 PM »
There are many topics here about this...it's just a rumor...it goes around all the time and there's no truth to it at all....there's no legislation passed, proposed or pending that would reduce sentencing guidelines in Illinois.  Sorry.
~ "I have visited some of the best and the worst prisons and have never seen signs of coddling, but I have seen the terrible results of the boredom and frustration of empty hours and pointless existence." ~ US Supreme Court Justice Warren Burger

~ "An eye for an eye makes the whole world blind."
~ Mahatma Gandhi

Offline LadyjH

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #38 on: January 27, 2009, 07:19:02 PM »
  They give a 90 credit if it's earned within the IDOC.  They also give blocks of credit for schooling and programs.  These can be earned in blocks of 30 days....

Is this true?  Idoc will give 90 day credit if the inmate earns the GED while in IDOC.

Offline Locswifey

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #39 on: October 13, 2009, 05:08:26 AM »
My husband was sentenced to 6 years at 50%
When he was stateville he was given his release information and they had it under 85% (that is also how it is calculated on the IDOC website)
I immediately contacted his lawyer who motioned it up in court I have a copy of the order and so does my husband. I was told that it a mistake maid by our county courts. It is not yet fixed on the IDOC website. I was told by his lawyer that the county clerk would send the mittimus to IDOC and it would be fixed. Where would I call to make sure its been fixed.

I'm right in saying that as long as he remains good in there he should serve 2 1/2 years and also any credit for school he receive because it is a non violent crime? How does the credit with the school work?

Offline becca

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #40 on: December 23, 2009, 08:09:52 PM »
 My son got  14 years consecutive.  What does this mean as jail time??  He is appealing for sure.  His lawyer had said he would get jail time and probation. The judge must have been really hot that day.  he sent up 2 other people that day for almost same amount of time.   All of us were in total shock.  Our lawyer said most definitely not prison time and boy was he wrong.  I cried for days, would not talk to anyone.  I still am in shock and numb.

Offline hbmom

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #41 on: December 23, 2009, 09:53:50 PM »
wow...that is harsh when your not even expecting jail time!

Offline becca

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #42 on: December 23, 2009, 09:59:34 PM »
Hbmom   yes it was harsh  way too harsh.  One day I will tell you but right now I dont want my son to be judged wrong.  It was not drugs or murder. 
I am glad you are online.   Too bad there isnt a "chat line" on this site.   
I really have to go to bed.  Went to bed last night at midnite  got up at 3  laid back down got up at 4.
did you read   my son's first postcard??

Offline Lissa

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #43 on: December 25, 2009, 03:17:12 PM »
Ok I am confused about all this. my guy has a class one felony of attempted aggravated arson and we were told by his attoreny he would only sit a little over a year on a 4 year sentence is this true or did they just tell him that to get him to plead

Offline marissa_n_kyle

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #44 on: January 27, 2010, 03:11:17 AM »
Will my L/O's sentencing be cut down if he is going to school while he is in there?

Offline lvanrs2

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #45 on: January 27, 2010, 06:32:59 AM »
marissa_n_kyle,

Your loved can be granted extra good time off from classes and programs provided he qualifies.  There are some charges that don't qualify even if being served at 50%
There is no action better at creating insanity in a person than trying to control something you have no control over.

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Offline marissa_n_kyle

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #46 on: January 27, 2010, 12:39:40 PM »
Thanks Ivanrs2.
I would ask my cousin all of these questions, but things have changed since he has been in prison.

Offline becca

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #47 on: January 27, 2010, 06:34:22 PM »
Sex offenders do not get good time off for schooling or programs.

Offline marissa_n_kyle

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #48 on: January 27, 2010, 11:33:49 PM »
Thanks Becca, I don't have to worry about that though. My husband is not a sex offender.

Offline Schrader42

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #49 on: February 02, 2010, 11:19:53 AM »
Do inmates get credit for time served in Cook County prior to their trial and sentencing?  If so, can anyone direct me to that information.  Is there something in the Illinois Sentencing Guidelines that show this?  I really need to read information for those incarcerated in 1982-1983. 

Offline Dazzler

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #50 on: February 02, 2010, 11:48:08 AM »
Yes, they are awarded one day for each spent in CCJ.  I knew someone that received four years of good time before being tried and convicted.  Any time spent after the arrest, awaiting trial and during the trial, provided they didn't make a bond, all count towards good time.  The time spent following the conviction, waiting for IDOC to pick them up is not counted, it's considererd down time.
~ "I have visited some of the best and the worst prisons and have never seen signs of coddling, but I have seen the terrible results of the boredom and frustration of empty hours and pointless existence." ~ US Supreme Court Justice Warren Burger

~ "An eye for an eye makes the whole world blind."
~ Mahatma Gandhi

Offline Schrader42

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #51 on: February 02, 2010, 11:51:20 AM »
Thanks Dazz.  I noticed my husband did not receive credit for the year he spent in Cook County and just wanted to be sure before he filed a motion.  Is there something in writing showing that this is law?

Offline Dazzler

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #52 on: February 02, 2010, 12:06:52 PM »
You'd have to contact the Cook County Sheriff's department probably.  It should've been put on his mittimus.  This is ordered by the judge technically...he has to award the good time to the defendant.  If you contact the Clerk's office you might be able to see the original sentencing order and see what's on it.
~ "I have visited some of the best and the worst prisons and have never seen signs of coddling, but I have seen the terrible results of the boredom and frustration of empty hours and pointless existence." ~ US Supreme Court Justice Warren Burger

~ "An eye for an eye makes the whole world blind."
~ Mahatma Gandhi

Offline Josey_Montes

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #53 on: February 04, 2010, 08:07:31 PM »
Please some one help me with this dam good time                                                                                                              

 :wc14:
CUSTODY 8/2/2009
IDOC WEBSITE 10/26/2009 (THAT IS THE DAY HE WAS TAKEN TO STATESVILLE)
PAROLE 02/1/2011

What happen to the ccj time? when is he getting out ? how do you figure this out ?and he said no good time is being awarded he is @ lawrence    :wc13:

Offline lvanrs2

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #54 on: February 05, 2010, 06:58:59 AM »
What was his original sentence and at what percentage rate?  Sometimes the information on the IDOC website is incorrect.  Someone will be able to help you with a little more info.
There is no action better at creating insanity in a person than trying to control something you have no control over.

Only do whatever you are willing to pay the consequences for.

Offline Dazzler

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #55 on: February 05, 2010, 08:10:29 AM »
You haven't supplied enough information to figure out a sentence and it's length of time, good time, parole date....where's the rest of the information?
~ "I have visited some of the best and the worst prisons and have never seen signs of coddling, but I have seen the terrible results of the boredom and frustration of empty hours and pointless existence." ~ US Supreme Court Justice Warren Burger

~ "An eye for an eye makes the whole world blind."
~ Mahatma Gandhi

Offline Josey_Montes

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #56 on: February 05, 2010, 03:28:42 PM »
What else do you need to help me out? :wc13:

Offline jarred

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #57 on: February 05, 2010, 03:49:10 PM »
Josey, Dazzler will probalby need the sentence that was given and whether it is required that 50%, 85% or 100% of the time be served. 

As far as the good time credits, I believe but may get corrected, that there are many adjustments that could come into play depending on the type of charges.  You can see the bill passed by Quinn last week http://www.ilga.gov./legislation/fulltext.asp?GAID=10&SessionID=76&GA=96&DocTypeID=SB&DocNum=1013&LegID=41922&SpecSess=&Session=

it's a pretty complicated read though

Offline Josey_Montes

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #58 on: February 05, 2010, 03:55:29 PM »
Ok he was sentenced to 120 days @boot camp while@Statesville, night before bus was coming to take inmates to bootcamp he was told he has a warrent  so he could no longer go to boot camp.Then he was taken to Lawrence and thats all i no :wc13:

Offline Josey_Montes

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #59 on: February 05, 2010, 03:59:53 PM »
jared thanks for the link, so that means he gets 25 days instead of 30days in a month?so basicilly 5 days credit a month :wc13:

Offline Marks_guy

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #60 on: February 05, 2010, 08:39:32 PM »
Josey---To give you a reasonable estimation of time served, we need the following info: The charge and sentence, and if this is his first bid.

Offline Josey_Montes

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #61 on: February 05, 2010, 08:57:29 PM »
agg battery 3 yrs/  crim dmg to state prop 3yrs/  concurrent first bid

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #62 on: February 05, 2010, 09:16:11 PM »
Assuming they are both 50% sentences, this is the basic breakdown:

3 years at 50%= 1 1/2 years. 1 1/2 years minus 3 months for good time (there are some questions about when and if this will be awarded. The general consensus is near the end of the sentence)= 1 year 3 months. If he takes classes, that's another 45 days to subtract. Then subtract any time served in county.  It is possible he will be out in about a year.

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #63 on: February 05, 2010, 09:21:26 PM »
Thank u so much 4 ur help i'm new 2 all this prision stuff i got confused.THANKS AGAIN :wc1:

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #64 on: February 05, 2010, 11:50:20 PM »
Hi!  I might be reaching here for some extra days, but do you think what you have just copied/pasted would apply to this situation?  My LO was in IDOC (July 21, 2009) when he had a court date(August 18, 2009) but no writ, they rescheduled the date for 31 days later (Sept. 17, 2009) and did send a writ, but then moved his outdate to the date of 9/17/10.  The original charges he is serving time for are the same as his last court date.  The crime he committed fell on the property of 2 counties and charges were filed in each county.  He is trying to get the 31 days back, due to the counties negligence of sending the writ.  He had already plead guilty on the charges as well prior to the July 21, 2009 date, so ideally he would love to get 59 days credit at DOC.  Help if you can... it would be appreciated!

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #65 on: February 06, 2010, 06:30:36 PM »
 :wc13: That one has me stumped. Hopefully someone who better understands how days are awarded can answer your question.

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #66 on: February 06, 2010, 11:51:20 PM »
Thanks for looking... I hope there is a way to determine if he is eligible for those days in between when he was scheduled for court and when he actually was taken, since all the pleas were already done.

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #67 on: February 08, 2010, 07:43:49 PM »
Still wondering if anyone has any ideas on my LO situation listed above?  thanks!

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #68 on: October 11, 2010, 03:09:35 PM »
so im still confused with the sentencing and good time. so if my husband got 4yrs and 6m at 50% Does that mean hes getting out in 2 1/2 yrs? hes also going for his ged..

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #69 on: October 11, 2010, 04:56:24 PM »
4 years 6 months at 50% = 2 years 3 months

Some, but not all, inmates are elegible for school credit, meaning he could earn extra time off by taking and completing certain classes/programs. Also, he will receive credit for time served in county.

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #70 on: October 11, 2010, 06:25:01 PM »
I am wondering about the time that shows on my LOs screen, does not reflect the county time he served, are those really right?

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #71 on: October 11, 2010, 06:47:21 PM »
The county credit, as I understand it, is for the days held from arrest to sentencing. Days between sentencing and transfer to IDOC don't count. If there is some dispute about whether those days were credited, I think the mittmus has to be reviewed.

I think we discussed this issue at another time, so let me look for it just to be sure.

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #72 on: October 11, 2010, 06:48:46 PM »
Yes, they usually give the county time right away.  It depends on what you are considering county time.  Time while waiting to be transported is not counted.  Only time spent while awaiting bond or awaiting trial is counted for good time.  Once the offender is convicted the time spent waiting for IDOC to transport him is dead time.
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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #73 on: October 11, 2010, 06:51:32 PM »
http://www.illinoisprisontalk.com/index.php/topic,19244.0.html

In this board, RT advises a little patience concerning county time being displayed. He also says that, after a reasonable amount of time, the mittmus needs to be corrected to show the time spent in county.

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #74 on: October 11, 2010, 08:55:12 PM »
Thank you, I  will try to find out cause it is time before he was sentenced, like 73 days, nothing to ignore. Thanks for all you do!!!

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #75 on: October 12, 2010, 02:02:43 AM »
thank you i really appreciate the help. so i checked on idoc and it says hes going to do the 2yrs and 3m so is the county time included in that already? he was arrested on may 13 and his case closed on aug 30

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #76 on: October 12, 2010, 02:18:57 AM »
he was then sent to robinson on sep 16

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #77 on: December 16, 2010, 08:40:02 PM »
Ok I Just had a quick question..I just got off the phone with my LO and he asked me about good time.. I don't understand all of this stiff but he Is in western for unlawful sale of firearms to a minor and got sentenced to three years...his projected parole date is February 26 2012 .. now is that with the good time or does he have the possibility of getting out sooner.  ????
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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #78 on: December 16, 2010, 08:45:08 PM »
Ok I Just had a quick question..I just got off the phone with my LO and he asked me about good time.. I don't understand all of this stiff but he Is in western for unlawful sale of firearms to a minor and got sentenced to three years...his projected parole date is February 26 2012 .. now is that with the good time or does he have the possibility of getting out sooner.  ????

If he got 3 years, then he got his day x day good time and he will do 1 1/2 years .. there is NO other goodtime at this time.  If he is eligible to take any programs/classes, he could earn an extra 90 days maximum credit, if he qualifies.

We have been discussing the suspension of MGT/SMGT goodtime for months and have a  board devoted to this on the front page of the site. 
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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #79 on: December 16, 2010, 11:49:18 PM »
OK I am confused, I see a lot of people talking about 50% 85% and 100% which I get... however my boyfriend was sentenced at 75%, according to him its a new thing. He is charged with drug induced homicide. Has anyone else heard of this? I feel like his case is the only case that had a 75% on it!  :wc74:
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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #80 on: December 17, 2010, 06:56:22 AM »
OK I am confused, I see a lot of people talking about 50% 85% and 100% which I get... however my boyfriend was sentenced at 75%, according to him its a new thing. He is charged with drug induced homicide. Has anyone else heard of this? I feel like his case is the only case that had a 75% on it!  :wc74:

It's not a new thing, as you can see the sentencing guidelines are 50-85 or 100%  .. as long as this website is up, I've never seen anyone else asking about 75%.    I think we talked about this before in the GT thread.  Did he do anytime in county jail before coming to IDOC?    
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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #81 on: December 17, 2010, 07:29:09 AM »
Thank u forevermah. So basically this whole thing for him coming out in 2012 still stands?? This while prison thing sucks!
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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #82 on: December 17, 2010, 07:42:37 AM »
Thank u forevermah. So basically this whole thing for him coming out in 2012 still stands?? This while prison thing sucks!

Yes, unless any GT comes back he may get some extra time, but don't count on it, if it happens it'll be a bonus to him/you.  The other GT was 6 months and that was not guaranteed, they could take it away if the guys got into any trouble.  No one knows how much they are going to give, IF it's reinstated and what the stipulations for receiving it will be.   Just count on his 2012 out date for now.
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Offline TimeStandsStill

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #83 on: December 17, 2010, 10:30:43 AM »
OK I am confused, I see a lot of people talking about 50% 85% and 100% which I get... however my boyfriend was sentenced at 75%, according to him its a new thing. He is charged with drug induced homicide. Has anyone else heard of this? I feel like his case is the only case that had a 75% on it!  :wc74:

The IDOC website references the 75% in the FAQ section of What is Good Time?

"Statutory Good Time refers to the percentage of time an inmate must spend incarcerated. Inmates serve 50%, 75%, 85%, or 100% of their sentence.  This is determined by statute and is based on the offense that was committed.  Inmates may lose some of that good time based on their behavior while in custody."


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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #84 on: December 17, 2010, 11:22:57 AM »
Here is the code for the offense of Drug-induced homicide and it clearly says its a Class X Felony, but doesn't give the %'s of conviction. It also says that they shall get no less than 15 years and no more than 30, I am still searching for more info on the 75%.  I just found someone else that was convicted of this on IDOC website and his sentence was at 85% and another that was sentenced to five years at 50%, so like I said before, it may have been circumstances and up to the judge?  Found this also "Drug-induced homicide carries a sentence ranging from six to 30 years."    The time for the Class X depends on the count.

(720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)

    Sec. 9-3.3. Drug-induced homicide.

    (a) A person who violates Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act by unlawfully delivering a controlled substance to another, and any person's death is caused by the injection, inhalation or ingestion of any amount of that controlled substance, commits the offense of drug-induced homicide.

    (b) Sentence. Drug-induced homicide is a Class X felony.

    (c) A person who commits drug-induced homicide by violating subsection (a) or subsection (c) of Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act commits a Class X felony for which the defendant shall in addition to a sentence authorized by law, be sentenced to a term of imprisonment of not less than 15 years and not more than 30 years or an extended term of not less than 30 years and not more than 60 years.

(Source: P.A. 94-556, eff. 9-11-05; 94-560, eff. 1-1-06; 95-331, eff. 8-21-07.)
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Offline Forevermah

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #85 on: December 17, 2010, 01:40:07 PM »
Here is a PDF file from 2005 that shows penalties for crimes committed in Illinois, just click below:




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Offline justamom

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #86 on: December 17, 2010, 04:52:31 PM »
I meant to ask about the 75 percent too.  I was looking at the IDOC webpage....under general questions and it's there. I don't remember seeing that before and now it appeared.  Maybe I just wasn't paying attention and it's always been there. 50, 75, 85 and 100

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #87 on: December 17, 2010, 10:10:40 PM »
I couldn't say for sure either if I saw the 75% there before or not.  They seem to be updating the FAQ page more frequently lately, which is a good thing! Now they have added: What is the Prisoner Review Board and how can I contact them?

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #88 on: December 18, 2010, 06:26:44 AM »
I couldn't say for sure either if I saw the 75% there before or not.  They seem to be updating the FAQ page more frequently lately, which is a good thing! Now they have added: What is the Prisoner Review Board and how can I contact them?


That is funny about the PRB .. they have been here in those very topics all week. hmmmmm    :wc105:
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Offline Amanda.Marks

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #89 on: December 19, 2010, 01:37:02 AM »
OK I am confused, I see a lot of people talking about 50% 85% and 100% which I get... however my boyfriend was sentenced at 75%, according to him its a new thing. He is charged with drug induced homicide. Has anyone else heard of this? I feel like his case is the only case that had a 75% on it!  :wc74:

It's not a new thing, as you can see the sentencing guidelines are 50-85 or 100%  .. as long as this website is up, I've never seen anyone else asking about 75%.    I think we talked about this before in the GT thread.  Did he do anytime in county jail before coming to IDOC?    

He did a year and a half in county before moving to IDOC
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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #90 on: December 19, 2010, 01:40:28 AM »
Thank you for that, I was pretty sure that we were the only ones who had ever heard of 75%!!!
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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #91 on: December 28, 2010, 09:19:53 AM »
I went to see my loved one in Graham over the weekend after Christmas and he said some guys have been talking about the 50, 85 and 100 being changed to lower percentages to help reduce some of the inmates in prison. Where as his 50% would go to 35%, or something like that. Has anyone heard of this? Please help!
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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #92 on: December 28, 2010, 09:24:00 AM »
This is another one of those rumors that get passed around from time to time. When I first joined IPT, it was one of the things I researched because M had mentioned it...back in 2009.

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #93 on: December 29, 2010, 11:38:05 AM »
Same here... When D was first incarcerated the beginning of December, 2009, that was the first thing he asked me to look into. Others (inmates), were saying that they (not sure who "they" were), were dropping the percentage down to 35% for overcrowding issues. That was before MGT/SMGT was suspended, yet the rumor still floats around. I guess in prison all the inmates have is hope, and as soon as one inmate (or CO, or counselor) says something, it is taken at face value because the inmates want so bad for it to be true. It's so sad, all the rumors flying around doing nothing but getting hopes up, then taking it away.
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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #94 on: August 23, 2011, 10:00:28 PM »
My husband was given 3 years at 85%...im still trying to figure this out since I believe his out date is incorrect. He was originally arrested on april 14th 2011. He took his time on july 14th 2011. He was supposed to be granted 3 months good time from county. His out date is showing nov. 3rd 2011...does this seem correct? If now how can I go about getting this corrected?

Offline Forevermah

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #95 on: August 23, 2011, 10:02:46 PM »
I think I answered this once or twice, but here is one post:

http://www.illinoisprisontalk.org/index.php/topic,24090.msg191295.html#msg191295


County time, the 3 months, can you explain this, was he in there waiting new trial, what kind of time was it?
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Offline Sunidaze67

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #96 on: September 01, 2011, 09:31:11 AM »
Okay I'm still confused.  My L/O was sentenced to 27 years at 85% in 2003, but had spent 4 years in CCJ. Class X.  He has done a lot of schooling.  Does he get any of time for schooling?  Please help me figure this out.
Thanks
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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #97 on: September 01, 2011, 10:06:09 AM »
No anyone serving time for a Class X/ 85 % conviction, receives no credit for schooling/programs, but can still take them.

If he got 27 years @ 85% = 22 yrs 9 1/2 months - 4 yrs he got credit for, he has yet to do 18 yrs 9 1/2 months - 8 yrs done already since 2003 he has ...  10 years 9 1/2 months to go.
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Offline Bonita1234

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #98 on: September 08, 2011, 02:28:14 PM »
What would be the percentage of time for possession of a stolen vehicle? I didn't see it up there (my mistake if i missed it) it says on the idoc website that is is a class 2.  He was sentenced to 44 months in september 2008.
I'm trying to figure out when his estimated time on parole would be finished..
Thanks!

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #99 on: September 08, 2011, 02:54:19 PM »
Is his projected parole date listed on his IDOC inmate page? It should tell you his projected out date and his projected parole date.

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #100 on: September 08, 2011, 03:14:09 PM »
It used to say 1/12/2012  was the Projected Discharge Date,  but now it says To Be Determined because he is waiting to see the parole board Oct 12 at Stateville on a parole violation..

Offline Marks_guy

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #101 on: September 09, 2011, 08:51:01 AM »
The PRB will look at his violation and determine if there will be any punishment given. You'll have to wait for the outcome, and then check his new parole discharge date.

Offline Steadfast

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #102 on: September 21, 2011, 12:39:09 PM »
I don't know if this is the right thread in which to post this question, but my L/O was sentenced to 2 years and though it was a sex offense, he was eligible to serve 50% of his sentence, which is one year.  However, at all the plea bargain meetings, both the district attorney and his criminal defense lawyer said he would only serve 9 months.  I explained that MGT was not available, but they both stated that he would be eligible for "overcrowding" or other reductions in his sentence.  Upon arriving at R&C, his outdate is one year, not nine months, and he is freaking out.  His lawyer now states he never promised a 9 month sentence and any reductions don't show up until closer to his out date.  Can someone explain to me how we will know if he gets a three month reduction, or how do we find out?  He would not have taken the plea, if he had thought he had to serve the full year.  Help!

Offline Forevermah

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #103 on: September 21, 2011, 12:45:07 PM »
I don't know if this is the right thread in which to post this question, but my L/O was sentenced to 2 years and though it was a sex offense, he was eligible to serve 50% of his sentence, which is one year.  However, at all the plea bargain meetings, both the district attorney and his criminal defense lawyer said he would only serve 9 months.  I explained that MGT was not available, but they both stated that he would be eligible for "overcrowding" or other reductions in his sentence.  Upon arriving at R&C, his outdate is one year, not nine months, and he is freaking out.  His lawyer now states he never promised a 9 month sentence and any reductions don't show up until closer to his out date.  Can someone explain to me how we will know if he gets a three month reduction, or how do we find out?  He would not have taken the plea, if he had thought he had to serve the full year.  Help!

Unfortunately, after all this time, lawyers are still promising people about good time/reductions and there are simply none.  Your LO can see if he can get into any classes/programs and he could then earn some extra time off his sentence, but other than that, there is nothing else right now they can get credit for, unless a new MGT/SMGT program is initiated and at this time there is nothing that we know of.

If you have a copy of his Mittimus, check it and see what it says on there, that is the official sentencing paperwork, but I doubt it would contain anything about any extra time.



Note:  MGT and SMGT were the two credits, 3 months each, total 6 months, that were awarded for good behavior and overcrowding, but both were suspended over 20 months ago.
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Offline Forevermah

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #104 on: September 21, 2011, 02:32:24 PM »
Here is the descriptions of the ONLY two forms of GT that were awarded, other than the 50% reduction in sentence for certain convictions.  The only other credit/s for time off a sentence are from classes/programs and again, only 50% convictions can earn those credits.

These two MGT & SMGT were awarded in 3 month increments, but not guaranteed.   If the inmate got into any trouble, all or part of the 6 month GT could be taken away at anytime and possibly never given back.



Statutory Good Time refers to the percentage of time an inmate must spend incarcerated. Inmates serve 50%, 75%, 85%, or 100% of their sentence.  This is determined by statute and is based on the offense that was committed.  Inmates may lose some of that good time based on their behavior while in custody.

Meritorious Good Time (MGT) and Supplemental Meritorious Good Time (SMGT) refer to the discretionary time (up to 180 days) that the director may grant to an eligible inmate based on his or her behavior while incarcerated. Please note that the award of meritorious good time is not automatic; it is at the discretion of the director.  Inmates convicted of certain offenses are not eligible for this type of good time credit.

The MGT/SMGT program was suspended in December of 2009 and terminated in January of 2010.  The program is currently under review.
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Offline Ira

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #105 on: September 23, 2011, 09:47:10 PM »
We were in the same situation. My husband was offered 4 years at 50%, and he's already spent 6 months in county, so our layer said that he will only have to serve a year (4 years at 50% is 2 years - 6 months for county - 6 months for good time), that was the only reason he agreed to it..... And when he got to his parent prison, we found out that MGT got cancelled quite some time before that..... Very frustrating, I know. But there's really nothing you can do now.... So maybe he will be able to get into some classes and earn some time off that way.

Offline bigsis1

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #106 on: October 30, 2011, 01:28:53 PM »
I know this topic is pretty old but I have been doing some research on this topic and found that the truth in sentencing was placed June 18, 1998, however that law was not to go in effect for 6 months. Only to be found unconstitutional in Jan. 1999 and redone. Do anyone know if anyone committed a crime during that 6 month time period should've been sentenced under the old law?

Offline Ms Tee

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #107 on: November 16, 2012, 08:26:53 AM »
My fiance is serving 6 years in idoc with 85% will he be able to get the three months off his time but he also got in trouble and got c-grade ticket so will that mess with his sentence he got lock up on 11\10\12 and his out date say12\13\15 anit he doing all his time.

Offline Forevermah

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #108 on: November 16, 2012, 08:56:52 AM »
My fiance is serving 6 years in idoc with 85% will he be able to get the three months off his time but he also got in trouble and got c-grade ticket so will that mess with his sentence he got lock up on 11\10\12 and his out date say12\13\15 anit he doing all his time.

85% convictions are not eligible for additional goodtime, only the 15% they are given at sentencing.
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Offline Ms Tee

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #109 on: November 18, 2012, 06:58:11 PM »
So he not gone to get the three months good time at the end of his sentence?

Offline Ms Tee

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #110 on: December 09, 2012, 08:10:05 AM »
So out of 61 months and with the 15% off when is his out date.

Offline Forevermah

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #111 on: December 09, 2012, 08:30:16 AM »
My fiance is serving 6 years in idoc with 85% will he be able to get the three months off his time but he also got in trouble and got c-grade ticket so will that mess with his sentence he got lock up on 11\10\12 and his out date say12\13\15 anit he doing all his time.
So out of 61 months and with the 15% off when is his out date.

12\13\15
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Offline lvanrs2

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #112 on: December 11, 2012, 06:26:45 AM »
This is just an informational statement for the sentences.

I have an aquaintance that was recently convicted in Madison County.  The judge ordered his sentence to be served at 80% not 85%.  I do not know if this has to do with the new rules that will eventually go into effect for credits and right now I am assuming people sentenced at 80% will not be eligible for any additional good conduct credit or school credit just like the people sentenced to 85%.  I am going to look into this a little bit and see what I can find for sentences served at 80% unless someone already has and I just missed it.
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Offline Forevermah

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #113 on: December 11, 2012, 07:42:24 AM »
This is just an informational statement for the sentences.

I have an aquaintance that was recently convicted in Madison County.  The judge ordered his sentence to be served at 80% not 85%.  I do not know if this has to do with the new rules that will eventually go into effect for credits and right now I am assuming people sentenced at 80% will not be eligible for any additional good conduct credit or school credit just like the people sentenced to 85%.  I am going to look into this a little bit and see what I can find for sentences served at 80% unless someone already has and I just missed it.

I have heard and seen here on IPT of people being convicted on 75% but never 80%, please let us know what you find out.  I would think it would have to be in a statue.
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Offline jandm0215

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #114 on: April 06, 2014, 11:13:52 PM »
I am recently new to this site and will most likely be going to idoc soon for aggravated dui. my question is during parole since a person is still considered to be under legal custody of idoc does the parole time count towards the 85% under truth in sentencing laws?

Offline Forevermah

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #115 on: April 07, 2014, 07:35:15 AM »
I am recently new to this site and will most likely be going to idoc soon for aggravated dui. my question is during parole since a person is still considered to be under legal custody of idoc does the parole time count towards the 85% under truth in sentencing laws?

Your 85% served inside is one thing, it will be 85% of the total time they give you, example, 8 years you would do 6 years 8 months, then you would still have to do 2-4 years on MSR when you get out.    I don't know how much parole time they will give you, but once in, it will all be stated on your IDOC profile.
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Offline jandm0215

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #116 on: April 07, 2014, 12:23:46 PM »
I am recently new to this site and will most likely be going to idoc soon for aggravated dui. my question is during parole since a person is still considered to be under legal custody of idoc does the parole time count towards the 85% under truth in sentencing laws?

Your 85% served inside is one thing, it will be 85% of the total time they give you, example, 8 years you would do 6 years 8 months, then you would still have to do 2-4 years on MSR when you get out.    I don't know how much parole time they will give you, but once in, it will all be stated on your IDOC profile.

thank you forevermah i was just curious about that because how it words it on the idoc website by using the words "legal custody" i wasnt sure if the MSR time could be used towards the 85% or not so on a 2 year sentence (last and only plea offer) with i think my lawyer either said 1 or 2 years MSR and 2 years probation i would be serving around 20.4 months in idoc plus the MSR and probation?

Offline Forevermah

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Re: 50%, 85%, or 100% Sentencing Guidelines Chart
« Reply #117 on: April 07, 2014, 03:04:46 PM »
If you got a two year sentence you would do a little over 20 months, then you would have to do the MSR (parole) on top of that, whatever it would be 1 or 2 years. Once you are done with parole, you would be free and clear of IDOC.  I don't know what probation they are talking about.
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