 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Campa12/1/2005
tence be reduced by the days that he spent in home confinement following his release on bond. On appeal, the court reaffirmed the ruling in Morrison "that the term `custody,' as it is used in the credit-against-sentence provision of section 5-8-7(b), `does not include the period of time during which the defendant was released on bail but is predicated upon his confinement.' " Ramos, 138 Ill. 2d at 158, quoting Morrison, 58 Ill. 2d at 94. The court went on to hold "the legislature intended in section 5-8-7(b) of the Unified Code of Corrections to distinguish between defendants who are in custody and those who are released on bond, subject to the conditions of the bond. We therefore cannot conclude that the term `custody,' as it is used in section 5-8-7(b), was intended to encompass the period of time during which a defendant is released on bond, regardless of the restrictions that might be imposed on him during that time." Ramos, 138 Ill. 2d at 160.
We decline the State's invitation to apply the reasoning of Morrison and Ramos in the present context. Both Morrison and Ramos involved a defendant who was admitted to bond. This is a distinction of note since, hereinafter, we hold that defendant was not on bail or recognizance while participating in the Day Reporting Center program. Further, both Morrison and Ramos involved the meaning of the term "custody" as used in the credit-against-sentence provision of the Unified Code of Corrections. The court carefully limited the opinions to the context of the Unified Code of Corrections. See Morrison, 58 Ill. 2d at 93-94; Ramos, 138 Ill. 2d at 158-62.
Turning to the language of the speedy-trial statute, and, in particular, the use of term "recognizance," the State argues that a pretrial detainee who is released from the Cook County Department of Corrections by the Cook County sheriff is released on his own "recognizance" and is therefore subject to the 160-day provision of the statute. Again, we disagree.
The Code of Criminal Procedure provides structure for the release of a defendant on bail or recognizance. Section 102-6 of the Code defines bail as
"the amount of money set by the court which is required to be obligated and secured as provided by law for the release of a person in custody in order that he will appear before the court in which his appearance may be required and that he will comply with such conditions as set forth in the bail bond." 725 ILCS 5/102-6 (West 2000).
Section 109-1(b)(4) provides that the judge shall " dmit the defendant to bail in accordance with the provisions of Article 110 of this Code." 725 ILCS 5/109-1(b)(4) (West 2000). In turn, section 110-4 of article 110 defines a bailable offense, and section 110-5 provides for the determination of the amount of monetary bail or conditions of release. See 725 ILCS 5/110-4, 110-5 (West 2000). Lastly, section 110-6 provides that "the court before which the proceeding is pending may increase or reduce the amount of bail or may alter the conditions of the bail bond or grant bail where it has been previously revoked or denied." 725 ILCS 5/110-6 (West 2000). We note that a violation of the bail bond is punishable as a separate offense under section 32-10 of the Criminal Code (720 ILCS 5/32-10 (West 2000)).
Section 102-19 of the Code of Criminal Procedure contains the definition of recognizance. It provides,
" `Recognizance' means an undertaking without security entered into by a person by which he binds himself to comply with such conditions as are set forth therein and which may provide for the forfeiture of a sum set by the court on failure to comply with the conditions thereof." 725 ILCS 5/102-19 (West 2000).
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 Illinois DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|