ILCS » Chapter 730 · Act 5
Illinois Compiled Statutes

730 ILCS 5/5-8-7 (2026)

(Repealed)

✓ current as of May 2026
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(730 ILCS 5/5-8-7)
    Sec. 5-8-7. (Repealed).
(Source: P.A. 96-427, eff. 8-13-09. Repealed by P.A. 95-1052, eff. 7-1-09.)

    
Notes of Decisions
Cited in 114 cases (5 in the last 5 years), 1996–2025 · leading case: People v. Hernandez, 803 N.E.2d 577 (Ill. App. Ct. 2004).
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People v. Hernandez, 803 N.E.2d 577 (Ill. App. Ct. 2004). · cites it 7× “730 ILCS 5/5-8-7 (West 2002). Forfeiture rules do not apply.”
People v. Whitfield, 888 N.E.2d 1166 (Ill. 2008). · cites it 3× “See 730 ILCS 5/5-8-7 (West 2004); North Carolina v.”
People v. Morrison, 2016 IL App (4th) 140712 (Ill. App. Ct. 2016). · cites it 3× “ANALYSIS ¶ 11 On appeal, defendant has abandoned the claims in his postconviction petition and instead contends (1) the trial court failed to credit him properly for time he spent in custody awaiting trial, arguing he is entitled to one additional day of credit under the…”
People v. Cook, 910 N.E.2d 208 (Ill. App. Ct. 2009). · cites it 6× “Defendant argues that the language of section 5-8-7(c) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-8-7(c) (West 2006)) applies to this situation and mandates the award of an additional 26 days of sentencing credit.”
People v. Clark, 2014 IL App (4th) 130331 (Ill. App. Ct. 2014). · cites it 5× “5-100(b) (West 2010) (formerly 730 ILCS 5/5-8-7(b)) addresses sentencing credit for the same offense and provides, in pertinent part, the following: "the offender shall be given credit on the determinate sentence or maximum term and the minimum period of imprisonment for time…”
People v. Warren, 2016 IL App (4th) 120721-B (Ill. App. Ct. 2016). “In his petition for rehearing, defendant argues our decision in this case is inconsistent with Cook, where we awarded defendant additional credit against his sentence pursuant to section 5-8-7(c) of the Unified Code (730 ILCS 5/5-8-7(c) (West 2006)), which has since been…”
People v. Williams, 917 N.E.2d 547 (Ill. App. Ct. 2009). · cites it 3× “730 ILCS 5/5-8-7(a) (West 2006). There is an apparent split of opinion in this court as to whether, under sections 3-6-3 and 5-8-7 of the Unified Code of Corrections (730 ILCS 5/3-6-3, 5-8-7 (West 2006)), the day of sentencing is included in computation of the presentencing…”
People v. Woodard, 677 N.E.2d 935 (Ill. 1997). “Consequently, in light of these concerns, section 110-14, like other sentencing provisions which employ the word "shall" to confer a statutory right to credit (see 730 ILCS 5/5-8-7(b), (c) (West 1992)), would appear to contemplate a mandatory monetary credit for incarceration…”
People v. Coleman, 2017 IL App (4th) 160770 (Ill. App. Ct. 2017). · cites it 2× “" 730 ILCS 5/5-8-7(b) (West 2006). But see 730 ILCS 5/5-4-1(e)(4) (West 2016) (stating that the clerk of the court shall inform the Illinois Department of Corrections of "the number of days, if any, which the defendant has been in custody and for which he is entitled to credit…”
People v. Buffkin, 2016 IL App (2d) 140792 (Ill. App. Ct. 2016). “But this is precisely the point: defendant did not take this appeal from the sentencing order; instead he took it from the 2 We observe that the Caballero court drew an analogy to cases holding that a defendant may seek, at any time, sentencing credit under section 5-8-7(b) of…”
People v. Nelson, 2016 IL App (4th) 140168 (Ill. App. Ct. 2016). “" 730 ILCS 5/5-8-7(b) (West 2006). No language authorizes an "application of defendant" at any time.”
People v. Rowell, 874 N.E.2d 553 (Ill. App. Ct. 2006). · cites it 2× “Defendant argues he is entitled to sentencing credit for the two days he spent in custody for the misdemeanor charge.”
Show all 114 citing cases →
— 730 ILCS 5/5-8-7(a) — 6 cases
People v. Williams, 917 N.E.2d 547 (Ill. App. Ct. 2009). “730 ILCS 5/5-8-7(a) (West 2006). There is an apparent split of opinion in this court as to whether, under sections 3-6-3 and 5-8-7 of the Unified Code of Corrections (730 ILCS 5/3-6-3, 5-8-7 (West 2006)), the day of sentencing is included in computation of the presentencing…”
People v. Hernandez, 803 N.E.2d 577 (Ill. App. Ct. 2004). “730 ILCS 5/5-8-7 (West 2002). Forfeiture rules do not apply.”
In Re Rakim, 925 N.E.2d 339 (Ill. App. Ct. 2010).
People v. Revell (Ill. App. Ct. 2007).
People v. Hill (Ill. App. Ct. 2010).
— 730 ILCS 5/5-8-7(b) — 94 cases
People v. Whitfield, 888 N.E.2d 1166 (Ill. 2008). “See 730 ILCS 5/5-8-7 (West 2004); North Carolina v.”
People v. Morrison, 2016 IL App (4th) 140712 (Ill. App. Ct. 2016). “ANALYSIS ¶ 11 On appeal, defendant has abandoned the claims in his postconviction petition and instead contends (1) the trial court failed to credit him properly for time he spent in custody awaiting trial, arguing he is entitled to one additional day of credit under the…”
People v. Hernandez, 803 N.E.2d 577 (Ill. App. Ct. 2004). “730 ILCS 5/5-8-7 (West 2002). Forfeiture rules do not apply.”
People v. Woodard, 677 N.E.2d 935 (Ill. 1997). “Consequently, in light of these concerns, section 110-14, like other sentencing provisions which employ the word "shall" to confer a statutory right to credit (see 730 ILCS 5/5-8-7(b), (c) (West 1992)), would appear to contemplate a mandatory monetary credit for incarceration…”
People v. Coleman, 2017 IL App (4th) 160770 (Ill. App. Ct. 2017). “" 730 ILCS 5/5-8-7(b) (West 2006). But see 730 ILCS 5/5-4-1(e)(4) (West 2016) (stating that the clerk of the court shall inform the Illinois Department of Corrections of "the number of days, if any, which the defendant has been in custody and for which he is entitled to credit…”
— 730 ILCS 5/5-8-7(c) — 13 cases
People v. Cook, 910 N.E.2d 208 (Ill. App. Ct. 2009). “Defendant argues that the language of section 5-8-7(c) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-8-7(c) (West 2006)) applies to this situation and mandates the award of an additional 26 days of sentencing credit.”
People v. Warren, 2016 IL App (4th) 120721-B (Ill. App. Ct. 2016). “In his petition for rehearing, defendant argues our decision in this case is inconsistent with Cook, where we awarded defendant additional credit against his sentence pursuant to section 5-8-7(c) of the Unified Code (730 ILCS 5/5-8-7(c) (West 2006)), which has since been…”
People v. Clark, 2014 IL App (4th) 130331 (Ill. App. Ct. 2014). “5-100(b) (West 2010) (formerly 730 ILCS 5/5-8-7(b)) addresses sentencing credit for the same offense and provides, in pertinent part, the following: "the offender shall be given credit on the determinate sentence or maximum term and the minimum period of imprisonment for time…”
People v. Hernandez, 803 N.E.2d 577 (Ill. App. Ct. 2004). “730 ILCS 5/5-8-7 (West 2002). Forfeiture rules do not apply.”
People v. Rowell, 874 N.E.2d 553 (Ill. App. Ct. 2006). “Defendant argues he is entitled to sentencing credit for the two days he spent in custody for the misdemeanor charge.”
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