Concurrent and Consecutive Sentencing (Multiple Case Sentencing)

When a defendant has multiple cases or charges pending against him at the same time it becomes a question of whether, if convicted, the sentences have to run one after each other (Consecutively) or combined into one term (Concurrently).

Under Illinois law it is mandatory for the court to impose consecutive sentences in the following circumstances:One of the offenses for which the defendant was convicted was first degree murder or a Class X or Class 1 felony and the defendant inflicted severe bodily injury; the defendant was convicted of a violation of Child Pornography, Aggravated Child Pornography, Criminal Sexual Assault, Aggravated Criminal Sexual Assault, or Predatory Criminal Sexual Assault of a Child;The defendant was convicted of armed violence based upon the predicate offense of any of the following: Solicitation of Murder, Solicitation of Murder for Hire, some violations of Heinous Battery, some violations of Aggravated Battery of a Senior Citizen, Criminal Sexual Assault, Possession of Cannabis with Intent to Deliver or Manufacture over 5,000 grams, Cannabis Trafficking, a Class X violation of Possession with Intent to Distribute or Manufacture a Controlled Substance under 720 ILCS 570/401(a), Controlled Substance Trafficking involving a Class X felony amount of controlled substance, a violation of the Methamphetamine Control and Community Protection Act, Calculated Criminal Drug Conspiracy, or Streetgang Criminal Drug Conspiracy; Leaving the Scene of a Motor Vehicle Accident involving Death or Personal Injuries; Aggravated Driving Under the Influence of Alcohol, or Drugs, Reckless Homicide;Concealment of Homicidal Death or Dismembering a Human Body;The use of a Stolen Firearm in the commission of an offense.

If the defendant was in the custody of the Department of Corrections at the time of the commission of the offense, the sentence shall be served consecutive to the sentence under which the defendant is held by the Department of Corrections.Similarly, a sentence for Escape or Attempted Escape shall be served consecutive to the terms under which the offender is held by the Department of Corrections.

If a person charged with a felony commits a separate felony while on pretrial release or in pretrial detention in a county jail facility or county detention facility, then the sentences imposed upon conviction of these felonies shall be served consecutively regardless of the order in which the judgments of conviction are entered.

If a person is sentenced for a Violation of Bail Bond any sentence imposed for that violation shall be served consecutive to the sentence imposed for the charge for which bail had been granted and with respect to which the defendant has been convicted.

If a person admitted to bail following conviction of a felony commits a separate felony while free on bond or if a person detained in a county jail facility or county detention facility following conviction of a felony commits a separate felony while in detention, then any sentence following conviction of the separate felony shall be consecutive to that of the original sentence for which the defendant was on bond or detained.

If a person commits a battery against a county correctional officer or sheriff’s employee while serving a sentence or in pretrial detention in a county jail facility, then the sentence imposed upon conviction of the battery shall be served consecutively with the sentence imposed upon conviction of the earlier misdemeanor or felony, regardless of the order in which the judgments of conviction are entered.

If a person is found to be in possession of an item of contraband while serving a sentence in a county jail or while in pre-trial detention in a county jail, the sentence imposed upon conviction for the offense of Possessing Contraband in a Penal Institution shall be served consecutively to the sentence imposed for the offense in which the person is serving sentence in the county jail or serving pretrial detention, regardless of the order in which the judgments of conviction are entered.

Under Illinois law it is permissive for the court to impose consecutive sentences in any of the following circumstances: If, having regard to the nature and circumstances of the offense and the history and character of the defendant, it is the opinion of the court that consecutive sentences are required to protect the public from further criminal conduct by the defendant; If one of the offenses for which a defendant was convicted was Aggravated False Personation of a Peace Officer, False Personation of a Peace Officer while committed in attempting or committing a forcible felony.

When sentenced only for misdemeanors, a defendant shall not be consecutively sentenced to more than the maximum for one Class a Misdemeanor, 364 days in the County jail.

If an Illinois court has imposed a sentence of imprisonment on a defendant and the defendant is subsequently sentenced to a term of imprisonment by a court of another state or a federal court, then the Illinois sentence shall run consecutively to the sentence imposed by the court of the other state or the federal court. That same Illinois court, however, may order that the Illinois sentence run concurrently with the sentence imposed by the court of the other state or the federal court, but only if the defendant applies to that same Illinois court within 30 days after the sentence imposed by the court of the other state or the federal court is finalized.