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75 % Time for Class X Drug Cases

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.

This entry was posted on Tuesday, June 3rd, 2008 at 6:34 am and is filed under Hot Legal Topics. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

2 Responses to “75 % Time for Class X Drug Cases”

  1. Steve Baker Says:
    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

  2. Rosa Maria Silva Says:
    July 29th, 2008

    good going dw

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