IL · rules
Ill. S. Ct. R. 472
Correction of Certain Errors in Sentencing
(a) In criminal cases, the circuit court retains jurisdiction to correct the following sentencing
errors at any time following judgment and after notice to the parties, including during the pendency
of an appeal, on the court’s own motion, or on motion of any party:
(1) Errors in the imposition or calculation of fines, fees, assessments, or costs;
(2) Errors in the application of per diem credit against fines;
(3) Errors in the calculation of presentence custody credit; and
(4) Clerical errors in the written sentencing order or other part of the record resulting in a
discrepancy between the record and the actual judgment of the court.
(b) Where a circuit court’s judgment pursuant to this rule is entered more than 30 days after
the final judgment, the judgment constitutes a final judgment on a justiciable matter and is subject
to appeal in accordance with Supreme Court Rule 303.
(c) No appeal may be taken by a party from a judgment of conviction on the ground of any
sentencing error specified above unless such alleged error has first been raised in the circuit court.
When a post-judgment motion has been filed by a party pursuant to this rule, any claim of error
not raised in that motion shall be deemed forfeited.
(d) If a motion is filed or judgment pursuant to this rule is entered after a prior notice of appeal
has been filed, and said appeal remains pending, the pending appeal shall not be stayed. Any appeal
from a judgment entered pursuant to this rule shall be consolidated with the pending appeal.
(e) In all criminal cases pending on appeal as of March 1, 2019, or appeals filed thereafter in
which a party has attempted to raise sentencing errors covered by this rule for the first time on
appeal, the reviewing court shall remand to the circuit court to allow the party to file a motion
pursuant to this rule.
(f) No motion filed pursuant to this rule shall be subject to a filing fee.
History
Adopted Feb. 26, 2019, eff. March 1, 2019; amended May 17, 2019, eff. immediately; amended Jan. 31, 2024, eff. Feb. 1, 2024.
Provenance
- Source
- illinoiscourts.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
02f28cdbc3799800534e14ce3ebfd10e96f49966f4f639825eb15a9eb5754910
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