Sentencing Credit for Both Offences If Defendant Is Simultaneously In Presentence Custody on Two Unrelated Crimes
Is a Defendant Entitled to Sentencing Credit for Both Offences if He Is Simultaneously in Presentence Custody on Two Unrelated Crimes ?
In People v. Robinson, 172 Ill. 2d 452, 667 N.E.2d 1305, 217 Ill. Dec. 729 (1996), the supreme court determined that this provision entitles a defendant to sentencing credit for both offenses when he is simultaneously in presentence custody on two unrelated charges.
The court explained that a defendant is considered in simultaneous custody when he is incarcerated on one charge and his bond in the other is withdrawn or revoked. Robinson, 172 Ill. 2d at 458-59, 667 N.E.2d at 1308 (citing People v. Arnhold, 115 Ill. 2d 379, 504 N.E.2d 100, 105 Ill. Dec. 231 (1987)).
More recently, the court in People v. Spencer, 347 Ill. App. 3d 483, 807 N.E.2d 1228, 283 Ill. Dec. 387 (2004), extended the rule of Robinson.
In Spencer, the defendant was in custody serving a sentence on an unrelated crime at the same time as he was in presentence custody on another charge.
The reviewing court found that just as the defendant in Robinson was simultaneously in presentence custody on two unrelated charges, so too was the defendant in that case simultaneously serving a sentence and in presentence custody. Spencer, 347 Ill. App. 3d 483, 807 N.E.2d 1228, 283 Ill. Dec. 387.
As the court noted, "were the defendant in this case not serving his sentence for possession, he still would have remained in custody as a result of his failure to post a bond in the other case." Spencer, 347 Ill. App. 3d at 490, 807 N.E.2d at 1234.
The court then awarded the defendant the requested credit. Spencer, 347 Ill. App. 3d 483, 807 N.E.2d 1228, 283 Ill. Dec. 387.