In Re Jabari C.
962 N.E.2d 8
Ill. App. Ct.2011Background
- Respondent Jabari C. pled guilty to unlawful possession with intent to deliver cannabis on school grounds, amended from delivery on school grounds.
- The State dismissed the original felony charge and did not file a delinquency petition for an unrelated case in exchange for the plea.
- Respondent was adjudicated delinquent and committed to the IDJJ for an indeterminate term terminating in 364 days or at age 21, with 17 days of credit awarded for prior custody.
- Prior to sentencing, respondent was arrested on a new cannabis-on-school-grounds charge and placed in home detention; sentencing was delayed.
- The core issue concerns whether respondent is entitled to one additional day of sentence credit for the May 1, 2009 arrest, i.e., predetention credit, which the trial court initially did not award; the appellate court remanded for correction of credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Predetention credit for May 1, 2009 arrest | Jabari entitled to one day based on custody rule | State contends no predetention credit for station adjustment | Claim to one extra day credit is valid; remand for amended judgment |
Key Cases Cited
- In re J.T., 221 Ill.2d 338 (2006) (juvenile predisposition credit when indeterminate term imposed)
- Rakim V., 398 Ill.App.3d 1057 (2010) (predisposition credit for time in custody; applies to juveniles)
- Jesus R., 326 Ill.App.3d 1070 (2002) (credit for time in custody to avoid excessive adult-equivalent terms)
- Beachem, 229 Ill.2d 237 (2008) (definition of custody for sentencing credit; arrest constitutes custody)
- In re M.D., 101 Ill.2d 73 (1984) (station adjustments; police practice and consequences)