People v. Scalise

Defendant entered plea of guilty to 2 counts of predatory criminal sexual assault of a child. Defendant, 6 years later, filed pro se Section 2-1401 petition for relief from judgment, and argues, for the first time on appeal that he is entitled to a statutory $5-per-day presentence incarceration credit. The per diem credit is not a part of Defendant's sentencing calculus, and thus its exclusion does not increase available punishment. Subsection 110-14(b) is not barred by ex post facto concerns, and renders Defendant ineligible to receive the per diem credit. (O'BRIEN, concurring; McDADE, dissenting.)