Many prosecutors and judges seem to think that Public Act 095-0134 aka 730 ILCS 5/3-6-3(v), effective 8/13/07, requires that a defendant serve 75% time for Class X Drug cases. Not So!!! A careful reading of the statute by some of our brothers and sisters and a call to IDOC Legal Counsel by brother David Will reveals that only those Class X offenses where the substance is 100 grams or more require 75% time. Use your professional judgment on how to use this information.
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June 19th, 2008
Thanks to David Will! I missed this, but confirmed with IDOC Legal that they are advising IDOC Records Departments that the 75% Class X drug provision requires a weight of 100 grams or more.
I’ll alert ITS THE LAW and OSAD.
Steve Baker
July 29th, 2008
good going dw