{ "id": 3718741, "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROBERT G. DETERT, Defendant-Appellant", "name_abbreviation": "People v. Detert", "decision_date": "2003-10-24", "docket_number": "No. 2\u201402\u20140577", "first_page": "607", "last_page": "612", "citations": [ { "type": "official", "cite": "343 Ill. App. 3d 607" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "164 Ill. 2d 189", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 477030 ], "year": 1995, "opinion_index": 0, "case_paths": [ "/ill-2d/164/0189-01" ] }, { "cite": "251 Ill. App. 3d 358", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2960942 ], "weight": 2, "year": 1993, "pin_cites": [ { "page": "360" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/251/0358-01" ] }, { "cite": "311 Ill. App. 3d 179", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 415418 ], "year": 1999, "pin_cites": [ { "page": "190", "parenthetical": "\"Unlike the compensatory good time at issue in Hampton, meritorious good time [under section 3 - 6-3(a)(3)] *** is not automatic but is given to all eligible inmates, based upon the [Director of the Department's] discretion after considering numerous factors\" (emphasis in original)" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/311/0179-01" ] }, { "cite": "108 Ill. App. 3d 161", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3012546 ], "weight": 3, "year": 1982, "pin_cites": [ { "page": "163-64" }, { "page": "164" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/108/0161-01" ] }, { "cite": "88 Ill. App. 3d 352", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3172709 ], "weight": 3, "year": 1980, "pin_cites": [ { "page": "354" }, { "page": "354-55" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/88/0352-01" ] }, { "cite": "77 Ill. 2d 513", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5490609 ], "weight": 2, "year": 1979, "pin_cites": [ { "page": "516" }, { "page": "516" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/77/0513-01" ] }, { "cite": "326 Ill. App. 3d 343", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1281433 ], "weight": 2, "year": 2001, "pin_cites": [ { "page": "346" }, { "page": "346" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/326/0343-01" ] }, { "cite": "199 Ill. 2d 460", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 58925 ], "weight": 2, "year": 2002, "pin_cites": [ { "page": "478" }, { "page": "478" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/199/0460-01" ] }, { "cite": "99 Ill. 2d 19", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3163930 ], "weight": 3, "year": 1983, "pin_cites": [ { "page": "24" }, { "page": "24" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/99/0019-01" ] }, { "cite": "259 Ill. App. 3d 404", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2870396 ], "weight": 2, "year": 1994, "pin_cites": [ { "page": "407" }, { "page": "409" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/259/0404-01" ] }, { "cite": "82 Ill. App. 3d 956", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3225516 ], "year": 1980, "pin_cites": [ { "page": "962" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/82/0956-01" ] } ], "analysis": { "cardinality": 544, "char_count": 11060, "ocr_confidence": 0.75, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.10870904056568549 }, "sha256": "e5ba850129fe7204c20192b2e02fac5c1d2ee46d9b4292d28e4c301120e08876", "simhash": "1:3ab68b1c0d60bcd6", "word_count": 1838 }, "last_updated": "2023-07-14T15:02:30.760533+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "McLAREN and GILLERAN JOHNSON, JJ., concur." ], "parties": [ "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROBERT G. DETERT, Defendant-Appellant." ], "opinions": [ { "text": "JUSTICE BOWMAN\ndelivered the opinion of the court:\nDefendant, Robert G. Detert, was charged with multiple counts of harassment of a witness (720 ILCS 5/32 \u2014 4a(a)(2) (West 2000)), a Class 2 felony. Following a bench trial, he was found not guilty by reason of insanity. The trial court found that defendant was in need of mental health services on an inpatient basis and ordered him to the Department of Human Services. The court found the maximum period of commitment to be 7 years less 3V2 years\u2019 credit for good behavior. Defendant appeals, arguing that while the trial court correctly awarded defendant the mandatory day-for-day good-conduct credit under section 3 \u2014 8\u20143(a) (2.1) of the Unified Code of Corrections (Code) (730 ILCS 5/3 \u2014 6\u20143(a)(2.1) (West 2000)), the court should have awarded an additional 180 days of good-conduct credit under section 3_6 \u2014 3(a)(3) of the Code (730 ILCS 5/3 \u2014 6\u20143(a)(3) (West 2000)). We affirm.\nSections 5 \u2014 2\u20144(a) and 5 \u2014 2\u20144(b) of the Code (730 ILCS 5/5\u2014 2 \u2014 4(a), (b) (West 2000)) provide that if it is determined that a defendant found not guilty by reason of insanity is in need of mental health services on an inpatient basis, the court shall order the defendant to the Department of Human Services for an indefinite period not to exceed \u201cthe maximum length of time that the defendant would have been required to serve, less credit for good behavior, before becoming eligible for release had he been convicted of and received the maximum sentence for the most serious crime for which he has been acquitted by reason of insanity.\u201d 730 ILCS 5/5 \u2014 2\u20144(b) (West 2000). The court must determine the maximum period of commitment by an appropriate order (730 ILCS 5/5 \u2014 2\u20144(b) (West 2000)), sometimes called a \u201cThiem\u201d order. See People v. Thiem, 82 Ill. App. 3d 956, 962 (1980).\nUnder section 3 \u2014 6\u20143(a)(2.1) of the Code, with respect to all but certain enumerated offenses, the rules and regulations of the Department of Corrections (Department) shall provide that \u201ca prisoner who is serving a term of imprisonment shall receive one day of good conduct credit for each day of his or her sentence of imprisonment.\u201d 730 ILCS 5/3 \u2014 6\u20143(a)(2.1) (West 2000). Section 3 \u2014 6\u20143(a)(3) provides that \u201c[t]he rules and regulations shall also provide that the Director [of the Department] may award up to 180 days additional good conduct credit for meritorious service in. specific instances as the Director deems proper.\u201d 730 ILCS 5/3 \u2014 6\u20143(a)(3) (West 2000).\nCiting People v. Kokkeneis, 259 Ill. App. 3d 404, 407 (1994), defendant argues that for purposes of determining the maximum period of commitment under section 5 \u2014 2\u20144(b), \u201ccredit for good behavior\u201d includes not only day-for-day credit under section 3 \u2014 6\u2014 3(a)(2.1), but also an additional 180 days under section 3 \u2014 6\u20143(a)(3). Kokkeneis relied in large part on our supreme court\u2019s decision in People v. Tanzy, 99 Ill. 2d 19 (1983). As explained below, however, Tanzy involved a different type of sentencing credit and its reasoning does not extend to the issue now before us.\nInitially, a brief foray into the development of Illinois sentencing law is in order. Prior to February 1, 1978, the Code implemented a system of indeterminate sentencing under which an offender\u2019s sentence consisted of a minimum term, after which the offender would be eligible for parole, and a maximum term, after which he or she would be released if not paroled sooner. Under this system, the Department awarded \u201cstatutory good-time credits\u201d (see People v. Lindsey, 199 Ill. 2d 460, 478 (2002)) at a progressive rate of one month for the first year of imprisonment, two months for the second year, and so on, until reaching a maximum credit of six months per year for the sixth and subsequent years (McGee v. Snyder, 326 Ill. App. 3d 343, 346 (2001)). In addition, section 3 \u2014 12\u20145 of the Code (Ill. Rev. Stat. 1975, ch. 38, par. 1003 \u2014 12\u20145) provided that inmates holding prison jobs or participating in certain programs could receive additional good-conduct credit. As implemented by the Department, this credit, commonly known as \u201ccompensatory good-time credits\u201d (see Lindsey, 199 Ill. 2d at 478), accrued at a rate of 71h days per month (see McGee, 326 Ill. App. 3d at 346).\nThe General Assembly amended the Code effective February 1, 1978 (Pub. Act 80 \u2014 1099, eff. February 1, 1978), to provide that offenders would receive a determinate sentence with a day-for-day good-conduct credit instead of the so-called \u201cstatutory\u201d credit previously awarded. The amendatory act added section 3 \u2014 6\u20143(b), which is at issue in this appeal, and repealed the portion of section 3- \u2014 -12\u20145 authorizing compensatory credits. Our supreme court has observed that the Department no longer has authority to award such credits. Johnson v. Franzen, 77 Ill. 2d 513, 516 (1979). Offenders sentenced on or after the effective date of the amendatory act for offenses committed prior to the effective date were entitled to elect whether to be sentenced under the old system or the new system. Ill. Rev. Stat. 1979, ch. 38, par. 1008 \u2014 2\u20144(b).\nIn Tanzy, the defendant was charged in 1977 with attempted murder and cruelty to a child. She was tried in March 1978; thus, had she been found guilty, she would have been entitled to elect between a determinate and an indeterminate sentence. However, like the defendant in this case, she was found not guilty by reason of insanity. The appellate court held that for purposes of setting the defendant\u2019s release date under Thiem, she could not be eligible for compensatory good-time credit because she was not incarcerated by the Department.\nOur supreme court reversed the appellate court\u2019s decision. The court relied on Hampton v. Rowe, 88 Ill. App. 3d 352 (1980), and In re Commitment of Coppersmith, 108 Ill. App. 3d 161 (1982). Hampton held that an inmate serving an indeterminate sentence was entitled to compensatory good-time credit for the time he spent in the county jail prior to trial in addition to statutory good-time credit during that period. The court noted that although the Department had originally awarded compensatory good-time credit only to inmates performing work assignments or participating in other education, vocational, or therapeutic programs, there were not enough jobs and programs available for all inmates who sought the credit; consequently, the Department adopted a policy of awarding the credit to all inmates regardless of whether they held prison jobs or participated in prison programs. Hampton, 88 Ill. App. 3d at 354. As such, the only difference between the statutory good-time credit that the inmate was receiving and the compensatory good-time credit that he was not receiving was \u201cthe amount and method of computation.\u201d Hampton, 88 Ill. App. 3d at 354-55. The court reasoned that there was no rational basis for the Department\u2019s policy of awarding statutory good-time credit but withholding compensatory good-time credit for pretrial detention. The court concluded that the policy unfairly discriminated against those defendants detained in the county jail prior to trial in comparison with those free on bail. In Coppersmith, the court concluded that there was no logical distinction between the respondent in that case, who had been committed to a mental health facility after an insanity acquittal, and the inmate in Hampton. Coppersmith, 108 Ill. App. 3d at 163-64. Accordingly, the court held that the respondent should have received compensatory good-time credit. Coppersmith, 108 Ill. App. 3d at 164.\nThe Tanzy court adopted the reasoning in Hampton and Coppersmith and further observed:\n\u201cThe legislature has provided that, in the case of a defendant acquitted of a felony by reason of insanity, the commitment shall not exceed the maximum length of time the defendant would have been required to serve, less credit for good behavior. To hold that only imprisoned persons would be eligible for compensatory good-time credit would penalize insane persons of this class and unreasonably favor those who had been convicted.\u201d Tanzy, 99 Ill. 2d at 24.\nKokkeneis, upon which defendant relies, cited Tanzy, Coppersmith, and Hampton in support of its holding that \u201cdefendant should have received the \u2018compensatory good time credit\u2019 of 180 days provided in section 3 \u2014 6\u20143(a)(3).\u201d Kokkeneis, 259 Ill. App. 3d at 409. We disagree with the holding. As seen, the term \u201ccompensatory good-time credit\u201d refers specifically to the 7/2-day-per-month credit administered by the Department under the system of indeterminate sentencing that was repealed over 25 years ago, and our supreme court has specifically stated that the Department no longer has authority to award these credits (Johnson, 77 Ill. 2d at 516). It was essential to the holdings in Tanzy, Coppersmith, and Hampton that during the relevant time frame the Department awarded compensatory good-time credit to all inmates. In contrast, the credit under section 3 \u2014 6\u2014 3(a)(3) is discretionary and, so far as we are aware, the Department has no formal or informal policy of awarding the credit automatically. See People ex rel. Braver v. Washington, 311 Ill. App. 3d 179, 190 (1999) (\u201cUnlike the compensatory good time at issue in Hampton, meritorious good time [under section 3 \u2014 6\u20143(a)(3)] *** is not automatic but is given to all eligible inmates, based upon the [Director of the Department\u2019s] discretion after considering numerous factors\u201d (emphasis in original)).\nThe State cites People v. Pastewski, 251 Ill. App. 3d 358 (1993), rev\u2019d on other grounds, 164 Ill. 2d 189 (1995), which held that whether to award the section 3 \u2014 6\u20143(a)(3) credit to insanity acquittees was a matter for the Director of the Department of Mental Health and Developmental Disabilities to decide. Pastewski, 251 Ill. App. 3d at 360. In our view, this approach is responsive to the underlying concern in Tanzy that sentencing credits should not be administered in a way that would penalize those who have been committed after an insanity acquittal and \u201cunreasonably favor those who had been convicted.\u201d Tanzy, 99 Ill. 2d at 24.\nWe therefore hold that the trial court properly calculated defendant\u2019s maximum term of commitment, but the Director of the Department of Human Services may award defendant up to 180 days\u2019 additional good-conduct credit.\nFor the foregoing reasons, the judgment of the circuit court of Stephenson County is affirmed.\nAffirmed.\nMcLAREN and GILLERAN JOHNSON, JJ., concur.\nThe Department of Mental Health and Developmental Disabilities has been succeeded by the Department of Human Services. See 405 ILCS 5/1 \u2014 105 (West 2000).", "type": "majority", "author": "JUSTICE BOWMAN" } ], "attorneys": [ "G. Joseph Weller and Patrick M. Carmody, both of State Appellate Defender\u2019s Office, of Elgin, for appellant.", "Michael P Bald, State\u2019s Attorney, of Freeport (Martin P Moltz and Diane L. Campbell, both of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People." ], "corrections": "", "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROBERT G. DETERT, Defendant-Appellant.\nSecond District\nNo. 2\u201402\u20140577\nOpinion filed October 24, 2003.\nG. Joseph Weller and Patrick M. Carmody, both of State Appellate Defender\u2019s Office, of Elgin, for appellant.\nMichael P Bald, State\u2019s Attorney, of Freeport (Martin P Moltz and Diane L. Campbell, both of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People." }, "file_name": "0607-01", "first_page_order": 625, "last_page_order": 630 }