2011 IL App (4th) 100687
Ill. App. Ct.2011Background
- Hughes was found not guilty by reason of insanity (NGRI) of aggravated battery on February 25, 2009 after a stipulated bench trial.
- He was serving a two-year retail theft sentence with a release date of October 13, 2008 at the time of the charged incident.
- He was transferred from DOC to DHS for mental-health evaluation; DHS later ordered involuntary commitment (October 15, 2009).
- The parties stipulated a three-year maximum commitment, but disputed when that period should commence.
- The trial court set the Thiem date as October 13, 2012; on appeal, the People conceded the three-year period but Hughes argued it began earlier; court modified and set the Thiem date as October 14, 2011, remanding for an amended max-term judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does the maximum commitment commence? | Commencement should follow the relevant custody/credit framework argued by the State. | Maximum commitment begins when the period of confinement for the original sentence ends or when custody for the NGRI commitment begins. | Maximum-commitment begins October 14, 2008. |
| Credit for time served prior to DHS transfer | Time in DOC custody between October 13, 2008 and April 7, 2009 should count toward the max commitment. | No credit for that period against the max commitment or MSR considerations. | Defendant credited for October 13, 2008 to April 7, 2009 against the max-commitment period. |
| Credit for time served against max vs current sentence | Credit time should reduce the max-commitment period, not the retail theft sentence as well. | Credit cannot be applied to multiple sentences simultaneously. | Credit applies against the max-commitment period only; Oct. 13, 2008 credit cannot offset both sentences. |
| Appropriate Thiem date in light of credits | Thiem date should reflect the time credit and start date for the max period. | Thiem date should align with the conceded three-year period plus credits as appropriate. | Thiem date set to October 14, 2011; remanded for amended max-term judgment. |
Key Cases Cited
- People v. Jurisec, 199 Ill. 2d 108 (2002) (primary objective of 5-2-4 is indeterminate institutionalization and liberty protection)
- People v. Youngerman, 342 Ill. App. 3d 518 (2003) (NGRI commitment serves dual purposes of treatment and protection)
- In re Detention of Gavin, 382 Ill. App. 3d 946 (2008) (consecutive sentences; time credit considerations relevant to max-term)
- People v. Pastewski, 164 Ill. 2d 189 (1995) (credit for time served prior to NGRI reaffirmed maximum-commitment framework)
- People v. Hampton, 121 Ill. App. 3d 273 (1983) (commitment to DHS for an indefinite period not to exceed term from arrest)
- In re Commitment of Coppersmith, 108 Ill. App. 3d 161 (1982) (credit for time served prior to trial against maximum-commitment period)