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Author Topic: 50%, 85%, or 100% Sentencing Guidelines Chart  (Read 47173 times)
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Dazzler
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« on: March 09, 2007, 01:22:13 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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wifey
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« 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?
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downtownchicago
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« 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%
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« 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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« 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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« 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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smfchicago
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« 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.

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« 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.
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« 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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« 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!!!!!!
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« 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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« 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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« 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. 
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« 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?
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« 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...
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« 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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« Reply #16 on: October 05, 2007, 05:18:36 PM »

You mean I'm wrong Scout...???? fait   :-D
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« 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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« 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!!!
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« 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
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~ Mahatma Gandhi
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