After bench trial, Defendant was found not guilty of all charges by reason of insanity. Court found Defendant in need of mental health services on inpatient basis and remanded him to custody of DHS (Department of Human Services.) Court properly denied Defendant's motion for 180 additional days of good conduct credit. According to section 5-4-1(c-2) of Unified Code of Corrections, the period of estimated actual custody does not include the deduction of 180 days of sentence credit. The 180-day credit further reduces Defendant's period of estimated actual custody only to the extent it was earned by Defendant. Because section 5-4-1 does not provide for the deduction of 180 days of sentence credit, regardless of whether it was earned, the determination of a defendant's Thiem date also does not include the automatic deduction of 180 days of credit. (CONNORS and ODEN JOHNSON, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing