The Illinois Department of Corrections, in its administrative directive, 01.07.400, clearly reveals in the calculation section that felony sentences shall be calculated on a 30-day-a-month basis. But, the IDOC record offices calculate prisoners’ sentences under a yearly basis, which adds 5 more days a year to a sentence.
This controversy has been presented by numerous prisoners through institutional and administrative grievances. Each record office continues with the same illogical rationale: “All sentences are calculated in accordance with departmental rules and administrative directives.” All grievances and requests for change to the 360 days rule have been denied.
The IDOC’s record offices refuse to multiply a prisoner’s sentence in years by 360 days to adjust the calculations to produce the correct out dates. For example: A prisoner receives a 20-year sentence at day-for-day (does 10 years). According to IDOC’s record office calculation, this prisoner will complete his sentence in 10 years (10 years times 365.25 (adds leap year) equals 3,652.5 days.
However, if the IDOC used its own law, the 10 years would be multiplied by 360 days which is 10 times 360 equals 3,600 days. Obviously, by using the year method and not the 360 days method, each prisoner serves 5.25 days a year extra a year.
This highly inappropriate felony sentencing calculation is intentional, nefarious and archaic. What Illinois prisoners respectfully seek is a courageous law firm to engage in a class action lawsuit on behalf of all IDOC prisoners to correct this travesty of injustice.