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Ill. S. Ct. R. 472

Correction of Certain Errors in Sentencing

activein force · 2024-02-01 – presentact-effective-date

(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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