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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-08-01
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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