§ 1-18. Computation of sentences.

(a)

Any person who shall have been convicted of any violation of any ordinance of this city, and who shall have been sentenced for such violation to a term of confinement, shall receive as credit toward the service of such term of confinement all time spent by him in the custody of the city at the municipal correctional institution while awaiting trial for such violation. The court's order committing such person to the custody of the city at the municipal correctional institution shall state whether such person was confined in city custody at any place other than the municipal correctional institution and the number of days of such confinement, if any, which days the court shall credit as time served. This subsection applies only to those persons being held in city custody, in lieu of posting bond, pending trial for such ordinance violation, and does not apply to those persons who have already been sentenced to a term of confinement for some other offense and are being held for that reason.

(b)

Multiple sentences of confinement imposed at the same time under the ordinances of this city shall run concurrently unless the court, at sentencing, shall direct that one or more of the sentences shall run consecutively.

(c)

If under the ordinances of this city more than one sentence of confinement is imposed at the same time and the court does not direct they run consecutively, then credit for time served in city custody shall be applied to each such sentence.

(d)

If under the ordinances of this city more than one sentence of confinement is imposed at the same time and such sentences are to run consecutively, then credit for time served in city custody shall be applied only to the first sentence to be served.

(e)

Multiple sentences of fines, court costs or both under the ordinances of this city are cumulative, and upon failure to pay such cumulative fines, costs or both, except when indigency is claimed and determined by the court, such fines, court costs or both shall be satisfied by consecutive terms of confinement and such terms shall not be served concurrently with sentences of confinement.

(f)

Whenever a sentence under the ordinances of this city consists of both a term of confinement and a fine, the term of confinement shall be served as directed by the court, and upon completion of such term of confinement the fine and costs if any shall become due. Upon failure to pay such fine, costs or both, except when indigency is claimed and determined by the court, such fine, costs or both shall be satisfied by a consecutive term of confinement, except that under no circumstances shall a person be confined for a period of time exceeding the maximum period of confinement provided by the ordinance for the violation of which he shall have been so sentenced. Any such fine, costs or portion thereof remaining unsatisfied by reason of this section shall remain a legal obligation due from such person to the city, collectible by the city by any lawful means.

(g)

If a sentence of confinement under the ordinances of this city is vacated and a new sentence is imposed for the same offense, the new sentence shall be calculated as if it had commenced at the time the vacated sentence was imposed, and all time served under the vacated sentence shall be credited against the new sentence.

(h)

If a person is confined at the time of sentencing in some correctional facility other than the municipal correctional institution, the sentencing judge may, in his discretion, allow any new sentence of confinement under the ordinances of this city to run concurrently with such other confinement.

(i)

Any part of a day in city custody shall count as a full day for the purposes of this section.

(Code of Gen. Ords. 1967, § 1.17.1; Ord. No. 38714, 9-18-70; Ord. No. 51283, 4-25-80)

Annotation— See Williams v. Illinois, U.S. Sup. Ct., June 29, 1970.