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IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 2001

JUSTICE SLATER delivered the opinion of the court:

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The defendant, Elvis McNair, was convicted of childpornography (720 ILCS 5/11--20.1 (West 2000)). He was sentencedto a four-year term of imprisonment and ordered to pay a $2,000fine. On appeal, the defendant argues that he is entitled to a$270 credit toward his fine to reflect 54 days of pre-sentencecredit. In response, the State argues that the defendant is notentitled to credit for 52 of his 54 days of pre-sentence custodybecause his offense became "non-bailable" upon conviction. Weremand this cause for a $270 credit to be applied.

The defendant was arrested on February 16, 2000. He wasreleased on bond the next day. He remained on bond until thejury returned its guilty verdict on May 3, 2000. The State thenmoved to revoke the defendant's bond. After a hearing, the courtfound that the defendant had failed to show by clear andconvincing evidence that he posed no danger to anyone. Therefore,the court revoked the defendant's bond. He was sentenced onJune 23, 2000.

On appeal, the defendant argues that he is entitled to acredit of $270 against the fine imposed on him since, by law, hemay claim a $5-a-day credit for each of the 54 days of pre-sentence custody. See 725 ILCS 5/110--14 (West 2000). Inresponse, the State notes that the defendant was subject to aminimum four-year term of imprisonment because of a prior Class 2felony conviction. See 730 ILCS 5/5--5--3(c)(2)(F) (West 2000). Therefore, it argues, when the defendant was convicted of childpornography that offense became non-probationable, and therefore,non-bailable.

Illinois law provides that any person incarcerated on abailable offense who does not supply bail and against whom a fineis levied upon conviction shall be allowed a $5-a-day credit foreach day incarcerated. 725 ILCS 5/110--14 (West 2000). Section110--14 does not make a distinction between defendants who arefinancially unable to post bond and those who are denied theopportunity to post bond by the trial court. People v. Raya, 250Ill. App. 3d 795, 621 N.E.2d 222 (1993). The statute also doesnot prohibit the award of credit for the time between a juryverdict and sentencing. Raya, 250 Ill. App. 3d 795, 621 N.E.2d222.

The defendant is entitled to credit toward his fine for 54days of pre-sentence custody. The State cites no authority forthe proposition that an offense becomes "non-bailable" once adefendant is convicted of an offense for which probation is notavailable. Further, this court has rejected a similar argumentin the past. See People v. Raya, 250 Ill. App. 3d 795, 621N.E.2d 222 (1993) (court rejected contention that once adefendant's bond is revoked after a guilty verdict he is nolonger incarcerated on a bailable offense). Therefore, we remandthis cause for the trial court to award the defendant a $270credit toward his fine to reflect 54 days of pre-sentencecustody.

The judgment of the circuit court of Peoria County isremanded.

Remanded.

HOMER, P.J., and LYTTON, J., concur.