Court sentenced Defendant to concurrent 7-year terms for convictions of burglary and aggravated robbery, with credit for time served. Court erred in failing to determine whether Defendant was eligible for sentence credit and, if so, how much. Calculation of credit should have been done at sentencing and included in sentencing order. Court was required to give Defendant credit for his successful completion of anger management program, at rate specified in Section 3-6-3 of Unified Code of Corrections. Anger management program was full-time, for purposes of Section 3-6-3(a)(4) of Unified Code of Corrections, as it required 24 hours of participation, which exceeded required minimum of 15 hours of participation for a program to be considered full-time under Section 107.520(d)(4) of Illinois Administrative Code. Defendant is entitled to a half-day's credit for each day he actually attended anger management program sessions.(BURKE and BIRKETT, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing