Armstrong v. Washington
State: Illinois
Court: 3rd District Appellate
Docket No: 3-96-0734
Case Date: 06/25/1997
No. 3--96--0734
_________________________________________________________________
IN THE APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 1997
JAMES ARMSTRONG, ) Appeal from the Circuit Court
) for the 13th Judicial Circuit,
Plaintiff-Appellant, ) La Salle County, Illinois
)
v. )
) No. 95--MR--22
ODIE WASHINGTON, DIRECTOR )
ILLINOIS DEPARTMENT OF )
CORRECTIONS and THOMAS P. )
ROTH, ) Honorable
) Robert L. Carter
Defendants-Appellees. ) Judge, Presiding
_________________________________________________________________
JUSTICE BRESLIN delivered the opinion of the court:
_________________________________________________________________
Plaintiff James Armstrong, a prisoner in the custody of the
Illinois Department of Corrections (IDOC), filed a petition for
mandamus against defendants Odie Washington, the Director of the
Illinois Department of Corrections, and Thomas Roth, the Warden of
the Sheridan Correctional Center. On appeal, James contends that
the defendants unlawfully revoked good conduct credits from
consecutive sentences that he had not yet begun to serve. James'
petition sought an order declaring that the revocations were
improper and requiring IDOC to refrain from revoking good conduct
credits from those sentences which he had not yet started to serve.
The trial court granted the defendants' motion for summary judgment
and James appeals. We hold that IDOC was authorized to revoke
James' good conduct credits because section 5--8--4(e) of the
Unified Code of Corrections, 730 ILCS 5/5--8--4(e) (West 1994),
specifically requires IDOC to treat offenders who have been
sentenced to consecutive terms of imprisonment as though they had
been sentenced to a single term for purposes of good conduct
credit. Thus, we affirm.
FACTS
In 1984, James was sentenced to an eight year term of
imprisonment, which was to run until December 1991. During the
first four years of this term, the prison review board found that
James had committed several acts of misconduct. In response to
this misconduct, the prison review board revoked all four years of
James' potential good conduct credit.
In November 1989, James was sentenced to a 12 year term of
imprisonment, which was to run consecutively to the term he was
then serving. In 1990, the prison review board again found that
James had committed acts of misconduct. As a result, the prison
review board revoked all six years of James good conduct credit.
In March 1991, James was sentenced to an additional two year
term of imprisonment. Once again, the prison review board revoked
good conduct credit based on acts of misconduct he committed in
April 1991. This time, the prison review board revoked 270 days of
good conduct credit. Also in April 1991, James was sentenced to
five more years of imprisonment. As a result of acts of misconduct
committed in June 1991, the prison review board revoked 960 more
days of his good conduct credit.
In December 1991, James was sentenced to two additional years
of imprisonment. Based on its finding that James committed
additional acts of misconduct after that sentence was imposed, the
prison review board revoked 13 more months of good conduct credit.
In February 1995, James filed the instant petition for a writ
of mandamus. In the petition, James alleged that IDOC lacked
authority to revoke good conduct credit from his consecutive
sentences prior to the date those sentences were imposed. James
further alleged that after all of the good conduct credit
associated with his initial term had been revoked, IDOC improperly
revoked the good conduct credit associated with subsequent terms of
imprisonment before he began to actually serve those terms. After
a hearing, the trial court granted the defendants' motion for
summary judgment, and James appeals.
ANALYSIS
Summary judgment should only be granted when the pleadings,
depositions, admissions and affidavits on file show that there is
no genuine issue of material fact and that the moving party is
entitled to judgment as a matter of law. 735 ILCS 5/2--1005(c)
(West 1994); Thompson v. Green Garden Mutual Insurance Co., 261
Ill. App. 3d 286, 633 N.E.2d 1327 (1994). This court's review of
an order granting summary judgment is de novo. Johnson v. Owens-
Corning Fiberglass Corp., 284 Ill. App. 3d 669, 672 N.E.2d 885
(1996).
Section 5--8--4(e) of the Unified Code of Corrections
provides:
"In determining the manner in which consecutive sentences
of imprisonment *** will be served, the Department of
Corrections shall treat the offender as though he had
been committed for a single term with the following
incidents:
* * *
(4) the offender shall be awarded credit against the
aggregate maximum term and the aggregate minimum term of
imprisonment for all time served in an institution ***."
730 ILCS 5/5--8--4(e) (West 1994).
Although this statutory provision does not operate to transform
consecutive sentences into one sentence, it does direct IDOC to
treat consecutive sentences as though they were a single term for
the limited purpose of parole eligibility and good time credit.
People v. Cunitz, 59 Ill. App. 3d 701, 375 N.E.2d 1020 (1978).
As we understand James' brief, it appears that he may be
raising two distinct issues on appeal. Apparently, James claims
that IDOC improperly revoked good conduct credit that was
associated with sentences that had not yet been imposed. In other
words, at the time James was sentenced to the additional
consecutive terms of imprisonment, he was denied the full amount of
good conduct credit to which he was entitled because it had been
previously revoked. The record does not support this claim.
During the first four years of James' original eight year
term, the prison review board revoked the entire four years of good
conduct credit. After James was sentenced to his second term of 12
years, the prison review board revoked all of the good conduct
credit associated with that sentence. Then, one month after James
was sentenced to a two year term of imprisonment, the prison review
board revoked 270 days of good conduct credit, leaving James with
approximately 95 days of credit. After James was sentenced to a
five year term in April 1991, the prison review board revoked 960
days of good conduct credit. Finally, after James was sentenced to
two more years of imprisonment in December 1991, the prison review
board revoked another 13 months of good conduct credit.
Accordingly, a careful review of the record reveals that IDOC never
revoked more than the total remaining amount of good conduct credit
applicable to the terms of imprisonment to which James had already
been sentenced.
Although IDOC did not revoke the good conduct credit
associated with any of James' sentences until after those sentences
had been imposed, it did revoke most of the good conduct credit
associated with James' subsequent terms of imprisonment before the
expiration of James' original eight year term. James argues that
IDOC lacked authority to revoke the good conduct credit associated
with any term of imprisonment that he had not yet begun to serve.
We disagree.
Section 5--8--4(e) of the Unified Code of Corrections clearly
requires IDOC to treat consecutive sentences as though they were a
single term for purposes of good conduct credit. 730 ILCS 5/5--8--
4(e) (West 1994); People v. Cunitz, 59 Ill. App. 3d 701, 375 N.E.2d
1020 (1978). Accordingly, as James' subsequent terms of
imprisonment were imposed, IDOC could revoke the good conduct
credit associated with those terms even though this action was
taken during the first eight years of James' imprisonment.
For the foregoing reasons, the judgment of the circuit court
of La Salle County is affirmed.
Affirmed.
LYTTON, P. J., and SLATER, J., concur.
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