Day Reporting Time Counts!The Illinois Supreme Court affirms the Appellate Courts’ decision in People v Beachem, 374 Ill App 3d 145, that our clients are entitled to time credit for days spent in the sheriff’s day reporting program. (No. 104976 5/22/08). Read a pdf version of the opinion as posted on the Supreme Court Website by clicking here.
May 22nd, 2008
Several of my clients on day reporting, having anticipated this decision, are trying to build up their day reporting credit before taking time or going to trial. If you have clients who seem unable to decide if they want to fight the case or are saying that they plan to hire a private lawyer etc etc, it may well be that they have figured out that time credit on day reporting is better than pen time. Makes sense to me. May not make sense to some judges. You might note your pile of active–out of custody–case files growing!
Bruce
May 29th, 2008
I haven’t been able to read the Beachem case yet, but Judge Colleen McSweeney Moore who did not give the clients credit for time spent on E.M. or Daily Reporting reads the case as saying that the defendants are only allowed credit for the days they actually report at the jail. The case excludes weekends and court dates! So she is requiring that we figure time credit minus weekends and court dates.
May 29th, 2008
I don’t have a comment to the above other than to remind people that our office is having a in-house seminar at 26th street on June 5th on the topic of “Time Credit.” The deadline to submit a seminar request form to the training division is June 2nd.
See your worksite bulletin board for the appropriate flyer.
May 29th, 2008
Erin, a link has been added to the posting so all can have easy access to the actual case.
May 29th, 2008
Erin, thank you. I have to be in Judge McSweeney Moore’s courtroom tommorrow with a motion based on Beachem. It’s good to know what she thinks. I don’t interpret Beachem the way she does though. Beachem cites an earlier case, which found that it was the “legal duty to submit to custody” which defined a defendant’s custodial status and thus entitles them to get credit. Thus, because defendants are still under a legal duty to submit to custody when they are in court, having that custodial status should entitle them to credit.
And the issue about holidays and weekends has not been clearly decided. Beachem noted that: “Neither party has disputed the . . . determination that defendant was not entitled to credit for [the time he was] not obligated to report to the Center.” So, it did not review the issue of holidays and weekends. Thus, it’s possible that if that issue was actually raised, the Court might find defendants should get credit. Even on holidays and weekends, defendants still have a “legal duty to submit to custody.” Under the reasoning of Beachem, having that custodial status entitles them to get credit.
May 30th, 2008
Dan,
Can you let us know what happens with your motion? I think it would be extremely valuable for all of us to know how each Judge is interpreting the case.
May 30th, 2008
Michelle,
She granted the motion. He got credit for everything, except Holidays and Weekends.
She never mentioned that days he was supposed to be in court don’t count.
And I did not bring that up because Beachem does not say that.
May 30th, 2008
Thanks Dan!
Preciate the 411..
June 4th, 2008
Has someone brought this concern to Marvin’s attention?
June 11th, 2008
Court days for those of us at 26th do count as clients go to the reporting center before coming to court. For the suburbs, I like Dan’s reasoning. That also suggests credit for weekends and holidays as it is the jail who decides not the client.
Marvin is pleased with the news. Doesn’t affect his life sentence though.