Summary
The Supreme Court of Illinois held that the date a defendant is sentenced and committed to the Illinois Department of Corrections is counted as a day of sentence rather than as presentence custody credit. The court affirmed the appellate court's correction of the mittimus to award Michael Williams 287 days of presentence credit, concluding that the sentencing date must be counted once, but only once, under the applicable statutory scheme.
Topics
Practice areas
Questions Presented
- Whether the date on which a defendant is sentenced and committed to the Illinois Department of Corrections is counted as presentence custody credit by the circuit court or as the first day of the sentence by the Department.
- Whether sections 5-4.5-100 and 5-8-5 of the Unified Code of Corrections require the sentencing and commitment date to be excluded from presentence credit.
Holdings
- When a defendant is sentenced and committed to the Department of Corrections and the mittimus issues, that date is the first day of the sentence and must not be counted as presentence custody credit by the circuit court.
- Section 110-14(a) did not require a different result because it was part of a separate code and was not at issue in the case.
Key quotations
“For the reasons stated above, we hold that the date a defendant is sentenced and committed to the Department is to be counted as a day of sentence and not as a day of presentence credit.” (942 N.E.2d at 1262)
“Because a defendant is entitled to have the day counted once, but only once, we hold that the date of the issuance should therefore not be counted as a day of presentence custody under section 5-4.5-100(b).” (942 N.E.2d at 1261)
Factual background
Michael Williams was convicted after a bench trial of being an armed habitual criminal and sentenced to six years in the Illinois Department of Corrections. He was arrested on June 14, 2007, remained in custody until sentencing on March 27, 2008, and was committed to the Department on that date when the mittimus issued. The circuit court awarded 248 days of presentence credit, and the dispute concerned whether the sentencing and commitment date should also be included.
Procedural history
Williams was convicted of being an armed habitual criminal and sentenced to six years in the Illinois Department of Corrections. The circuit court awarded 248 days of presentence credit, while Williams argued for 288 days, including the sentencing date. The appellate court awarded 287 days, excluding that date from presentence credit, and the Illinois Supreme Court affirmed.