Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/mpc/p704.asc

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7.04.  Criteria for Sentence of Extended Term of Imprisonment;
Misdemeanors and Petty Misdemeanors

    The Court may sentence a person who has been convicted of a
misdemeanor or petty misdemeanor to an extended term of
imprisonment if it finds one or more of the grounds specified in
this Section.  The finding of the Court shall be incorporated in
the record

    (1) The defendant is a persistent offender whose commitment
for an extended term is necessary for protection of the public.

    The Court shall not make such a finding unless the defendant
has previously been convicted of two crimes, committed at
different times when he was over [insert Juvenile Court age]
years of age.

    (2) The defendant is a professional criminal whose
commitment for an extended term is necessary for protection of
the public.

    The Court shall not make such a finding unless:

    (a) the circumstances of the crime show that the defendant
has knowingly devoted himself to criminal activity as a major
source of livelihood; or

    (b) the defendant has substantial income or resources not
explained to be derived from a source other than criminal
activity.

    (3) The defendant is a chronic alcoholic, narcotic addict,
prostitute or person of abnormal mental condition who requires
rehabilitative treatment for a substantial period of time.

    The Court shall not make such a finding unless, with respect
tot he particular category to which the defendant belongs, the
Director of Correction has certified that there is a specialized
institution or facility which is satisfactory for the
rehabilitative treatment of such persons and which otherwise
meets the requirements of Section 6.09, Subsection (2).

    (4) The defendant is a multiple offender whose criminality
was so extensive that a sentence of imprisonment for an extended
term is warranted.

    The Court shall not make such a finding unless:

    (a) the defendant is being sentenced for a number of
misdemeanors or petty misdemeanors or is already under sentence
of imprisonment for crime of such grades, or admits in open court
the commission of one or more such crimes and asks that they be
taken into account when he is sentenced; and

    (b) maximum fixed sentences of imprisonment for each of the

defendant's crimes, including admitted crimes taken into account,
if made to run consecutively, would exceed in length the maximum
period of the extended term imposed.



7.05.  Former Conviction in Another Jurisdiction; Definition and
Proof of Conviction; Sentence Taking into Account Admitted Crimes
Bars Subsequent Conviction for Such Crimes

    (1) For purposes of paragraph (1) of Section 7.03 or 7.04, a
conviction of the commission of a crime in another jurisdiction
shall constitute a previous conviction.  Such conviction shall be
deemed to have been of a felony if sentence of death or of
imprisonment in excess of one year was authorized under the law
of such other jurisdiction, of a misdemeanor if sentence of
imprisonment in excess of thirty days but not in excess of a year
was authorized and of a petty misdemeanor if sentence of
imprisonment for not more than thirty days was authorized.

    (2) An adjudication by a court of competent jurisdiction
that the defendant committed a crime constitutes a conviction for
purposes of Sections 7.03 to 7.05 inclusive, although sentence or
the execution thereof was suspended, provided that the time to
appeal has expired and that the defendant was not pardoned on the
ground of innocence.

    (3) Prior conviction may be proved by any evidence,
including fingerprint records made in connection with arrest,
conviction or imprisonment, that reasonably satisfies the Court
that the defendant was convicted.

    (4) When the defendant has asked that other crimes admitted
in open court be taken into account when he is sentenced and the
Court has not rejected such request, the sentence shall bar the
prosecution or conviction of the defendant in this State for any
such admitted crime.



7.06.  Multiple Sentences; concurrent and Consecutive Terms

    (1) Sentences of Imprisonment for More Than One Crime.  When
multiple sentences of imprisonment are imposed on a defendant for
more than one crime, including a crime for which a previous
suspended sentence or sentence of probation has been revoked,
such multiple sentences shall run concurrently or consecutively
as the Court determines at the time of sentence, except that:

    (a) a definite and an indefinite term shall run concurrently
and both sentences shall be satisfied by service of the
indefinite term; and

    (b) the aggregate of consecutive definite terms shall not
exceed one year; and


    (c) the aggregate of consecutive indefinite terms shall not
exceed in minimum or maximum length the longest extended term
authorized for the highest grade and degree of crime for which
any of the sentences was imposed; and

    (d) not more than one sentence for an extended term shall be
imposed.

    (2) Sentences of Imprisonment Imposed at Different Times.
When a defendant who has previously been sentenced to
imprisonment is subsequently sentenced to another term for a
crime committed prior to the former sentence, other than a crime
committed while in custody:

    (a) the multiple sentences imposed shall so far as possible
conform to Subsection (1) of this Section; and

    (b) whether the Court determines that the terms shall run
concurrently or consecutively, the defendant shall be credited
with time served in imprisonment on the prior sentence in
determining the permissible aggregate length of the term or terms
remaining to be served; and

    (c) when a new sentence is imposed on a prisoner who is on
parole, the balance of the parole term on the former sentence
shall be deemed to run during the period of the new imprisonment.

    (3) Sentence of Imprisonment for Crime Committed While on
Parole.  When a defendant is sentenced to imprisonment for a
crime committed while on parole in this State, such term of
imprisonment and any period of reimprisonment that the Board of
Parole may require the defendant to serve upon the revocation of
his parole shall run concurrently, unless the Court orders them
to run consecutively.

    (4) Multiple Sentences of Imprisonment in Other Cases.
Except as otherwise provided in this Section, multiple terms of
imprisonment shall run concurrently or consecutively as the Court
determines when the second or subsequent sentence is imposed.

    (5) Calculation of Concurrent and Consecutive Terms of
Imprisonment.

    (a) When indefinite terms run concurrently, the shorter
minimum terms merge in are satisfied by serving the longest
minimum term and the shorter maximum terms merge in and are
satisfied by discharge of the longest maximum term.

    (b) When indefinite terms run consecutively, the minimum
terms are added to arrive at an aggregate minimum to be served
equal to the sum of all minimum terms and the maximum terms are
added to arrive at an aggregate maximum equal to the sum of all
maximum terms.


    (c) When a definite and an indefinite term run
consecutively, the period of the definite term is added to both
the minimum and maximum of the indefinite term and both sentences
are satisfied by serving the indefinite term.

    (6) Suspension of Sentence or Probation and Imprisonment;
Multiple Terms of Suspension and Probation.  When a defendant is
sentenced for more than one offense or a defendant already under
sentence is sentenced for another offense committed prior to the
former sentence:

    (a) the Court shall not sentence to probation a defendant
who is under sentence of imprisonment [with more than thirty days
to run] or impose a sentence of probation and a sentence of
imprisonment [, except as authorized by Section 6.02(3)(b))]; and

    (b) multiple periods of suspension or probation shall run
concurrently from the date of the first such disposition; and

    (c) when a sentence of imprisonment is imposed for an
indefinite term, the service of such sentence shall satisfy a
suspended sentence on another count or a prior suspended sentence
or sentence to probation; and

    (d) when a sentence of imprisonment is imposed for a
definite term, the period of a suspended sentence on another
count or a prior suspended sentence or sentence to probation
shall run during the period of such imprisonment.

    (7) Offense Committed While Under Suspension of Sentence or
Probation.  When a defendant is convicted of an offense committed
while under suspension of sentence or on probation and such
suspension or probation is not revoked:

    (a) if the defendant is sentenced to imprisonment for an
indefinite term, the service of such sentence shall satisfy the
prior suspended sentence or sentence to probation; and

    (b) if the defendant is sentenced to imprisonment for a
definite term, the period of the suspension or probation shall
not run during the period of the suspension or probation shall
not run during the period of such imprisonment;and

    (c) if sentence is suspended or the defendant is sentenced
to probation, the period of such suspension or probation shall
run concurrently with or consecutively to the remainder of the
prior periods, as the Court determines at the time of sentence.



7.07.  Procedure on Sentence; Pre-sentence Investigation and
Report; Remand for Psychiatric Examination; Transmission of
Records to Department of Correction


    (1) The Court shall not impose sentence without first
ordering a pre-sentence investigation of the defendant and
according due consideration to a written report of such
investigation where:

    (a) the defendant has been convicted of a felony; or

    (b) the defendant is less than twenty-two years of age and
has been convicted of a crime; or

    (c) the defendant will be [placed on probation or] sentenced
to imprisonment for an extended term.

    (2) The Court may order a pre-sentence investigation in any
other case.

    (3) The pre-sentence investigation shall include an analysis
of the circumstances attending the commission of the crime, the
defendant's history of delinquency or criminality, physical and
mental condition, family situation and background economic
status, education, occupation and personal habits and any other
matters that the probation officer deems relevant or the Court
directs to be included.

    (4) Before imposing sentence, the Court may order the
defendant to submit to psychiatric observation and examination
for a period of not exceeding sixty days or such longer period as
the Court determines to be necessary for the purpose.  The
defendant may be remanded for this purpose to any available
clinic or mental hospital or the Court may appoint a qualified
psychiatrist to make the examination.  The report of the
examination shall be submitted to the Court.

    (5) Before imposing sentence, the Court shall advise the
defend or his counsel of the factual contents and the conclusions
of any pre-sentence investigation or psychiatric examination and
afford fair opportunity, if the defendant so requests, to
controvert them.  The sources of confidential information need
not, however, be disclosed.

    (6) The Court shall not impose a sentence of imprisonment
for an extended term unless the ground therefor has been
established at a hearing after the conviction of the defendant
and on written notice to him of the ground proposed.  Subject to
the limitation of Subsection (5) of this Section, the defendant
shall have the right to hear and controvert the evidence against
him and to offer evidence upon the issue.

    (7) If the defendant is sentenced to imprisonment, a copy of
the report of any pre-sentence investigation or psychiatric
examination shall be transmitted forthwith to the Department of
correction [or other state department or agency] or, when the
defendant is committed to the custody of a specific institution,
to such institution.



7.08.  Commitment for Observation; Sentence of Imprisonment for
Felony Deemed Tentative for Period of One Year; Re-sentence on
Petition of Commissioner of Correction

    (1) If, after pre-sentence investigation, the court desires
additional information concerning an offender convicted of a
felony or misdemeanor before imposing sentence, it may order that
he be committed, for a period not exceeding ninety days, to the
custody of the Department of Correction, or, in the case of a
young adult offender, to the custody of the Division of Young
Adult Correction, for observation and study at an appropriate
reception or classification center.  The Department and the Board
of Parole, or the Young Adult Divisions thereof, shall advise the
Court of their findings and recommendations on or before the
expiration of such ninety-day period.  If the offender is
thereafter sentenced to imprisonment, the period of such
commitment for observation shall be deducted from the maximum
term and from he minimum, if any, of such sentence.

    (2) When a person has been sentenced to imprisonment upon
conviction of a felony, whether for an ordinary or extended term,
the sentence shall be deemed tentative, to the extent provided in
this section, for the period of one year following the date when
the offender is received in custody by the Department of
Correction [or other state department or agency].

    (3) If, as a result of the examination and classification by
the Department of Correction [or other state department or
agency] of a person under sentence of imprisonment upon
conviction of a felony, the Commissioner of Correction [or other
department head] is satisfied that the sentence of the Court may
have been based upon a misapprehension as to the history,
character or physical or mental condition of the offender, the
Commissioner, during the period when the offender's sentence is
deemed tentative under Subsection (2) of this Section shall file
in the sentencing Court a petition to re-sentence the offender.
The petition shall set forth the information as to the offender
that is deemed to warrant his re-sentence and may include a
recommendation as to the sentence to be imposed.

    (4) The Court may dismiss a petition filed under Subsection
(3) of this Section, it shall re-sentence the offender and may
impose any sentence that might have been imposed originally for
the felony of which the defendant was convicted.  The period of
his imprisonment prior to re-sentence and any reduction for good
behavior to which he is entitled shall be applied in satisfaction
of the final sentence.

    (6) For all purposes other than this Section, a sentence of
imprisonment has the same finality when it is imposed that it
would have if this Section were not in force.


    (7) Nothing in this Section shall alter the remedies
provided by law for vacating or correcting an illegal sentence.



7.09.  Credit for Time of Detention Prior to Sentence; Credit for
Imprisonment Under Earlier Sentence for the Same Crime

    (1) When a defendant who is sentenced to imprisonment has
previously been detained in any state or local correctional or
other institution following his [conviction of] [arrest for] the
crime for which such sentence is imposed, such period of
detention following his [conviction] [arrest] shall be deducted
from the maximum term, and from the minimum, if any, of such
sentence.  The officer having custody of the defendant shall
furnish a certificate to the Court at the time of sentence,
showing the length of such detention of the defendant prior to
sentence in any state or local correctional or other institution,
and the certificate shall be annexed to the official records of
the defendant's commitment.

    (2) When a judgment of conviction is vacated and a new
sentence is thereafter imposed upon the defendant for the same
crime, the period of detention and imprisonment theretofore
served shall be deducted from the maximum term, and from the
minimum, if any, of the new sentence.  The officer having custody
of the defendant shall furnish a certificate to the Court at the
time of sentence, showing the period of imprisonment served under
the original sentence, and the certificate shall be annexed to
the official records of the defendant's new commitment.